PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 55 of 70
must be construed as a reference to 60 days in respect of the public
body concerned.
(2) The periods of 90 days and 60 days referred to in subsection (1) (a) and (b),
respectively, may not be extended in terms of section 26.
(3) Parliament must, after a period of 12 months, but within a period of 18
months, after the commencement of this section, review the operation of this
section.
88 Correction of personal information
If no provision for the correction of personal information in a record of a public
or private body exists, that public or private body must take reasonable steps to
establish adequate and appropriate internal measures providing for such correction
until legislation providing for such correction takes effect.
[NB: S. 88 has been repealed by s. 110 of the Protection of Personal Information Act 4 of
2013, a provision which will be put into operation by proclamation.]
PART 7
GENERAL PROVISIONS (ss 89-93)
89 Liability
No person is criminally or civilly liable for anything done in good faith in the
exercise or performance or purported exercise or performance of any power or duty
in terms of this Act or the rules made under section 79.
[S. 89 substituted by s. 28 of Act 66 of 2008 (wef 17 February 2009).]
90 Offences
(1) A person who with intent to deny a right of access in terms of this Act(a)
destroys, damages or alters a record;
(b)
conceals a record; or
(c)
falsifies a record or makes a false record,
commits an offence and is liable on conviction to a fine or to imprisonment for a
period not exceeding two years.
(2) An information officer who wilfully or in a grossly negligent manner fails to
comply with the provisions of section 14 commits an offence and is liable on
conviction to a fine, or to imprisonment for a period not exceeding two years.
(3) A head of a private body who wilfully or in a grossly negligent manner fails to
comply with the provisions of section 51 commits an offence and is liable on
conviction to a fine, or to imprisonment for a period not exceeding two years.
[S. 90 substituted by s. 24 of Act 55 of 2003 (wef 31 March 2005).]
91
Amends section 6 (4) of the Public Protector Act 23 of 1994, as follows:
paragraph (a) substitutes in paragraph (c) the expression 'authority; and' for the
expression 'authority'; and paragraph (b) adds paragraph (d).
91A Designation and training of presiding officers
(1) (a) The head of an administrative region defined in section 1 of the
Magistrates' Courts Act, 1944 (Act 32 of 1944), or the magistrate at the head of a
regional division established for the purposes of adjudicating civil disputes in terms
of section 2 of the Magistrates' Courts Act,1944, must, subject to subsection (2),
designate in writing any magistrate, additional magistrate or magistrate of a
regional division established for the purposes of adjudicating civil disputes, as the
case may be, as a presiding officer of a Magistrate's Court designated by the
Minister in terms of section 1 of this Act.
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