Page:Promotion of Access to Information Act 2000.djvu/7

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Government Gazette, 3 February 2000
No. 208527

Promotion of Access to Information Act, 2000
Act No. 2, 2000

(i)

there is no next of kin referred to in paragraphs (a), (b) and (c); or

(ii)

the requester concerned took all reasonable steps to locate such next of kin, but was unsuccessful,

an individual who is related to the individual in the second degree of affinity or consanguinity;

“information officer” of, or in relation to, a public body—

(a)

in the case of a national department, provincial administration or

organisational component—

(i)

mentioned in Column 1 of Schedule 1 or 3 to the Public Service Act, 1994 (Proclamation No. 103 of 1994), means the officer who is the incumbent of the post bearing the designation mentioned in Column 2 of the said Schedule 1 or 3 opposite the name of the relevant national department, provincial administration or organisational component or the person who is acting as such; or

(ii)

not so mentioned, means the Director-General, head, executive director or equivalent officer, respectively, of that national department, provincial administration or organisational component, respectively;

(b)

in the case of a municipality, means the municipal manager appointed in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), or the person who is acting as such; or

(c)

in the case of any other public body, means the chief executive officer, or equivalent officer, of that public body or the person who is acting as such;

“internal appeal” means an internal appeal to the relevant authority in terms of section 74;

“international organisation” means an international organisation—

(a)

of states; or

(b)

established by the governments of states;

“Minister” means the Cabinet member responsible for the administration of justice;

“notice” means notice in writing, and “notify” and “notified” have corresponding meanings;

“objects of this Act” means the objects of this Act referred to in section 9;

“official”, in relation to a public or private body, means—

(a)

any person in the employ (permanently or temporarily and full-time or part-time) of the public or private body, as the case may be, including the head of the body, in his or her capacity as such; or

(b)

a member of the public or private body, in his or her capacity as such;

“person” means a natural person or a juristic person;

“personal information” means information about an identifiable individual, including, but not limited to—

(a)

information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the individual;

(b)

information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved;

(c)

any identifying number, symbol or other particular assigned to the individual;

(d)

the address, fingerprints or blood type of the individual;

(e)

the personal opinions, views or preferences of the individual, except where they are about another individual or about a proposal for a grant, an award or a prize to be made to another individual;

(f)

correspondence sent by the individual that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

(g)

the views or opinions of another individual about the individual;

(h)

the views or opinions of another individual about a proposal for a grant, an award or a prize to be made to the individual, but excluding the name of the other individual where it appears with the views or opinions of the other individual; and

(i)

the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual,