Page:Promotion of Access to Information Amendment Act 2002.djvu/2

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Act No. 54, 2002

Promotion of Access to Information Amendment Act, 2002

General explanatory note:

[                    ]	Words in bold type in square brackets indicate omissions from existing enactments.
	Words underlined with a solid line indicate insertions in existing enactments.

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(English text signed by the President.)
(Assented to 30 December 2002.)

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Act

To amend the Promotion of Access to Information Act, 2000, so as to amend a definition and to provide for the training of presiding officers in the magistrates' courts for purposes of the Act; and to provide for matters connected therewith.

Be it enacted by the Parliament of the Republic of South Africa, as follows:―

Amendment of section 1 of Act 2 of 2000, as amended by section 21 of Act 42 of 2001

1. Section 1 of the Promotion of Access to Information Act, 2000, is hereby amended by the substitution for the definition of “court” of the following definition:

“‘court’ means—

(a)

the Constitutional Court acting in terms of section 167(6)(a) of the Constitution; or

(b)

(i)

a High Court or another court of similar status; or

(ii)

a Magistrate's Court, either generally or in respect of a specified class of decisions in terms of this Act, designated by the Minister by notice in the Gazette and presided over by a magistrate or an additional magistrate designated in [writing by the Minister, after consultation with the Magistrates Commission] terms of section 91A,

within whose area of jurisdiction—

(aa)

the decision of the information officer or relevant authority of a public body or the head of a private body has been taken;

(bb)

the public body or private body concerned has its principal place of administration or business; or

(cc)

the requester or third party concerned is domiciled or ordinarily resident;”;

Insertion of section 91A in Act 2 of 2000

2. The following section is hereby inserted after section 91 of the Promotion of Access to Information Act, 2000:

“Designation and training of presiding officers

91A. (1) (a) The head of an administrative region defined in section 1 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), must, subject to subsection (2), designate in writing any magistrate or additional magistrate