PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 52 of 70
(1) For the purposes of this Chapter proceedings on application in terms of
section 78 are civil proceedings.
(2) The rules of evidence applicable in civil proceedings apply to proceedings on
application in terms of section 78.
(3) The burden of establishing that(a)
the refusal of a request for access; or
(b)
any decision taken in terms of section 22, 26 (1), 29 (3), 54, 57 (1) or
60, complies with the provisions of this Act rests on the party claiming
that it so complies.
82 Decision on application
The court hearing an application may grant any order that is just and equitable,
including orders(a)
confirming, amending or setting aside the decision which is the subject
of the application concerned;
(b)
requiring from the information officer or relevant authority of a public
body or the head of a private body to take such action or to refrain from
taking such action as the court considers necessary within a period
mentioned in the order;
(c)
granting an interdict, interim or specific relief, a declaratory order or
compensation;
(d)
as to costs; or
(e)
condoning non-compliance with the 180-day period within which to bring
an application, where the interests of justice so require.
[Para. (e) added by s. 29 of Act 42 of 2013 (wef 22 January 2014).]
PART 5
HUMAN RIGHTS COMMISSION (ss 83-85)
[NB: The heading has been substituted by s. 110 of the Protection of Personal Information
Act 4 of 2013, a provision which will be put into operation by proclamation. See
PENDLEX.]
83 Additional functions of Human Rights Commission
(1) The Human Rights Commission must(a)
compile and make available a guide on how to use this Act as
contemplated in section 10; and
(b)
submit reports to the National Assembly as contemplated in section 84.
(2) The Human Rights Commission must, to the extent that financial and other
resources are available(a)
develop and conduct educational programmes to advance the
understanding of the public, in particular of disadvantaged communities,
of this Act and of how to exercise the rights contemplated in this Act;
(b)
encourage public and private bodies to participate in the development
and conduct of programmes referred to in paragraph (a) and to
undertake such programmes themselves; and
(c)
promote timely and effective dissemination of accurate information by
public bodies about their activities.
(3) The Human Rights Commission may(a)
make recommendations for(i)
the development, improvement, modernisation, reform or
amendment of this Act or other legislation or common law
having a bearing on access to information held by public and
private bodies, respectively; and
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