Portal:Acts of the Parliament of South Africa

“ 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. ”

“ 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.
Part 7
General provisions
Liability
89. 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. ”

“ The Chief Justice must, in consultation with the Judicial Service Commission and the Magistrates Commission, develop the content of training courses with the view to building a dedicated and experienced pool of trained and specialised presiding officers for purposes of presiding in court proceedings as contemplated in this Act. ”

“ Any record obtained in a manner that contravenes subsection (1) is not admissible as evidence in the criminal or civil proceedings referred to in that subsection unless the exclusion of such record by the court in question would, in its opinion, be detrimental to the interests of justice.
[S. 7 amended by s. 23 of Act No. 42 of 2001.] Part applicable when performing functions as public or private body
8. ”

“ If the relevant person is—
(a)
under the age of 16 years, a person having parental responsibilities for the relevant person must make the nomination contemplated in subsection (1) ; or (b)
incapable of managing his or her affairs, a person appointed by the court to manage those affairs must make that nomination. ”

“ Any court contemplated in subsection (1) may—
(a)
receive representations ex parte; (b)
conduct hearings in camera; and (c)
prohibit the publication of such information in relation to the proceedings as the court determines, including information in relation to the parties to the proceedings and the contents of orders made by the court in the proceedings.
Proceedings are civil
81. ”