PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 30 of 70
40 Mandatory protection of records privileged from production in legal
proceedings
The information officer of a public body must refuse a request for access to a
record of the body if the record is privileged from production in legal proceedings
unless the person entitled to the privilege has waived the privilege.
41 Defence, security and international relations of Republic
(1) The information officer of a public body may refuse a request for access to a
record of the body if its disclosure(a)
could reasonably be expected to cause prejudice to(i)
(ii)
(iii)
(b)
the defence of the Republic;
the security of the Republic; or
subject to subsection (3), the international relations of the
Republic; or
would reveal information(i)
supplied in confidence by or on behalf of another state or an
international organisation;
(ii)
supplied by or on behalf of the Republic to another state or an
international organisation in terms of an arrangement or
international agreement, contemplated in section 231 of the
Constitution, with that state or organisation which requires the
information to be held in confidence; or
(iii)
required to be held in confidence by an international agreement
or customary international law contemplated in section 231 or
232, respectively, of the Constitution.
(2) A record contemplated in subsection (1), without limiting the generality of
that subsection, includes a record containing information(a)
relating to military tactics or strategy or military exercises or operations
undertaken in preparation of hostilities or in connection with the
detection, prevention, suppression or curtailment of subversive or
hostile activities;
(b)
relating to the quantity, characteristics, capabilities, vulnerabilities or
deployment of
(i)
(ii)
(c)
(ii)
any military force, unit or personnel; or
any body or person responsible for the detection, prevention,
suppression or curtailment of subversive or hostile activities;
held for the purpose of intelligence relating to(i)
(ii)
(iii)
(e)
anything being designed, developed, produced or considered for
use as weapons or such other equipment;
relating to the characteristics, capabilities, vulnerabilities, performance,
potential, deployment or functions of(i)
(d)
weapons or any other equipment used for the detection,
prevention, suppression or curtailment of subversive or hostile
activities; or
the defence of the Republic;
the detection, prevention, suppression or curtailment of
subversive or hostile activities; or
another state or an international organisation used by or on
behalf of the Republic in the process of deliberation and
consultation in the conduct of international affairs;
on methods of, and scientific or technical equipment for, collecting,
assessing or handling information referred to in paragraph (d);
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