Promotion of Access to Information Amendment Act

1. Section 1 of the Promotion of Access to Information Act, 2000, is hereby amended the definition of “court” of the following definition: 5 by the substitution for “ ‘ 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 10 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 9 1 A. area within whose (aa) the decision of the information officer or relevant authority of the public of jurisdiction- 15 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 20 resident;”. Insertion of section 91A in Act 2 of 2000

2. The following section is hereby inserted after section 91 of the Promotion ofAccess to Information Act, 2000: training “Designation and officers of presiding 25 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 ~~ 4 No. 24250 Act No. 54,2002 GAZETTE. GOVERNMENT 15 JANUARY 2003 PROMOTION OF ACCESS TO INFORMATION AMENDMENT ACT, 2002 as a presiding officer of a Magistrate’s Court designated by the Minister in terms of section 1 of this Act. (bj A presiding officer must pedorm the functions and duties and exercise the powers assigned to or conferred on him or her under this Act or any other law. ( 2 ) Only a magistrate or additional magistrate who has completed a training course- (a) before the date of commencement of this section; or (b) as contemplated in subsection ( 5 ) , and whose name has been included on the list contemplated in subsection (4)(a), may be designated in terms of subsection (1). (3) The heads of administrative regions must- ( a ) take all reasonable steps within available resources to designate at 5 IO least one presiding officer for each magistrate’s court within his or her area of jurisdiction which has been designated by the Minister in terms of section 1 ; and 15 (b) without delay, inform the Director-General: Justice and Constitutional Development of any magistrate or additional magistrate who has completed a training course as contemplated in subsections (5) and (6) or who has been designated in terms of subsection (1). (4) The Director-General: Justice and Constitutional Development must compile and keep a list of every magistrate or additional magistrate who has- (a) completed a training course as contemplated in subsections ( 5 ) and (6); or (b) been designated as a presiding contemplated in subsection (1). officer of a magistrate’s court (5) 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. (6) The Chief Justice must, in consultation with the Judicial Service Commission, the Magistrates Commission and training courses referred to in subsection (5). the Minister. implement the (7) The Minister must table a report in Parliament, as prescribed, relating referred to in to the content and implementation of the training courses subsections (5) and (6).”. 20 25 30 35 Short title

3. This Act is called the Promotion of Access to Information Amendment Act, 2002 40