PART II
	PUBLICATION OF AND ACCESS TO CERTAIN INFORMATION OF
	GOVERNMENTAL BODIES
 
Guide on how to use Act 

	4. (1) The Commission shall compile and, within 6 months after the commencement of this section, cause to be published in each official language a guide containing such information as may reasonably be required by a person who wishes to exercise any right in terms of this Act.
	(2) Without limiting the generality of subsection (1) a guide referred to in that subsection shall include a description of -
	(a)	the objects of this Act stated in section 2;
	(b)	the postal and street address, phone and fax number and, if available, electronic mail address of the information officer of every governmental body to whom a request in terms of this Act should be made;
	(c)	the manner in which a request for access to a record and for correction of personal information should be made and the particulars that should be provided in the request;
	(d)	the assistance provided by the information officer of a governmental body and by the Public Protector and a provincial public protector in terms of this Act;
	(e)	the manner of lodging an internal appeal with the head of a governmental body, a complaint with the Public Protector and an appeal and an application with an Information Court;
	(f)	the manual to be published by governmental bodies in terms of section 5, the information contained therein and how to obtain access to the manual; and 
	(g)	the categories of records open to the public in terms of any other law contemplated in section 41 and how access to these records may be obtained.
	(3) 	The guide referred to in subsection (1) shall be updated and caused to be published by the Commission at intervals of not more than one year.
	(4) The Commission shall, as soon as possible after a guide is published in terms of subsection (1) or (3), supply, in each official language, to  -
	(a)	the head of [a] each governmental body, such number of copies of the guide as the head of the body has indicated, upon request by the Commission, he or she requires to comply with section 6(1)(a);
	(b)	the Postmaster-General, such number of copies of the guide as the Postmaster-General has indicated, upon request by the Commission, he or she requires to comply with section 6(2); and
	(c)	every legal deposit library as defined in section 1 of the Legal Deposit of Publications Act, 1982 (Act No. 17 of 1982), such other libraries as may be prescribed and every pre-primary, primary, secondary or tertiary educational institution established by or under any law, at least one copy of the guide.

Manual on functions of, guidelines used by, and index of records held by, governmental body 

	5. (1) The head of a governmental body shall compile and, within 12 months after the commencement of this section, cause to be published in each official language a manual containing [a description of] -
	(a)	a description of its structure, powers and duties including those of its organs;
	(b)	a description of all guidelines of the body required to be made available in terms of section 9(1);
	(c)	the postal and street address, phone and fax number and, if available, electronic mail address of the information officer of the body;
	(d)	a description of the guide and how to obtain access to it;
	(e)	in sufficient detail to facilitate a request for access to, and for correction of personal information in, a record of the body, a description of -
		(i)	the subjects on which the body holds records and the categories of records held on each subject;
	    [(ii)	the categories of records held by the body which contain personal information that are not contained in personal information banks and the nature of that information;]
    (ii[iii])	every personal information bank held by the body, including, in respect of each bank -
			(aa)	the identification [and a description] of the bank and a description of the categories of individuals to whom the bank relates;

			(bb)	a statement of the purposes for which the information in the bank was obtained or the bank was compiled and a statement of the uses consistent with such purposes for which the information in the bank is used or disclosed; and
			(cc)	a statement of the standards of retention and disposal [standards] applied to information in the bank as contemplated in section 54(1) and (3);
	(f)	a description of the categories of records of the body open to the public in terms of any other law [as described] contemplated in section 41 (if applicable) and how access to these records may be obtained;
	(g)	a statement whether the governmental body itself is a governing body for the purposes of Part V,  a description of the divisions or other bodies of the governmental body which are such governing bodies and, if available, the dates, times and places of the ordinary meetings of all such governing bodies scheduled for the period in respect of which the manual is published;
	(h)	a description of the facilities provided by the body for enabling a person to obtain access to records required to be made available in terms of section 9(1);
	(i)	a description of the services available to members of the public from the body and how to use those services;
	(j)	a description of any arrangement or provision for a person (other than a governmental body or an organ thereof) by consultation, making representations or otherwise, to participate in or influence -
		(i)	the formulation of policy; or 
	    (ii)	the exercise or performance of powers or duties,
		by the body or its organs;
	(k)	a description of all internal and external complaint, appeal, review and redress procedures available in respect of an action or omission of the body or an organ thereof; and
	(l)	a description of all internal and external procedures (including the procedure contemplated in section 81) available to a member of the public or an official of the body who wishes to report or otherwise remedy an impropriety contemplated in section 81 and the protection for officials against reprisals provided for in section 83.
	(2)  The manual referred to in subsection (1) shall be updated and caused to be published by the governmental body at intervals of not more than one year.
	(3) The head of a governmental body shall, as soon as possible after a manual is published in terms of subsection (1) or (2), supply, in each official language, to -
	(a)	the Postmaster-General, such number of copies as the Postmaster-General has indicated, upon request by the head of the body, that he or she requires to comply with section 6(2);
	(b)	every legal deposit library referred to in section 4(4)(c) and such other libraries as may be prescribed, at least one copy of the manual; and
	(c)	the Commission, at least one copy of the manual.


Distribution of guide and manuals	 

	6. (1) The head of a governmental body shall, as soon as possible after -
	(a)	receipt of copies of a guide supplied in terms of section 4(4)(a); and
	(b)	publication of its manual in terms of section 5(1) or (2),
cause at least one copy of the guide, and the manual, in each official language, to be supplied to every head, branch or division office of the governmental body including the office of its information officer.
	(2) The Postmaster-General shall, as soon as possible after receipt of copies of the guide and [a] the manuals supplied in terms of section 4(4)(b) and 5(3)(a), respectively, distribute one copy of the guide, and [the] each manual, in each official language to every post office as defined in section 1 of the Post Office Act, 1958 (Act No. 44 of 1958).
	(3)  The person in charge of -_
	(a)	an office of the governmental body referred to in subsection (1) shall cause one copy of the guide and each manual;
	(b)	a post office referred to in subsection (2) shall cause one copy of the guide and each manual;
	(c)	a library contemplated in section 4(4)(c) and 5(3)(b) shall cause one copy of the guide and each manual; 
	(d)	an educational institution referred to in section 4(4)(c) shall cause one copy of the guide,
in each official language, to be made available, upon request, to any person during normal office hours -
	(i)	in the case of an office of a governmental body and a library, for inspection without charge and for copying or purchase or both, upon payment of the prescribed fee; or
    (ii)	in the case of a post office and an educational institution, for inspection without charge and, unless it is impracticable, for copying upon payment of the prescribed fee.
	([3]4) The Commission shall, within 120 days after - 
	(a)	a guide is published in terms of section 4(1); 
	(b)	all the manuals are published in terms of section 5(1) and copies supplied to the Commission in terms of section 5(3)(c),
cause the guide and the manuals[, respectively] to be made available in the form of a data bank for the users of online computer facilities.
	([4]5) The data bank containing a guide and the manuals contemplated in subsection ([3]4) shall [cause to] be updated within 60 days after the guide is updated in terms of section 4(3) and [the] any manual is updated in terms of section 5(2) and supplied to the Commission in terms of section 5(3)(c).


Information in telephone directory

	7. (1) The Postmaster-General shall cause to be published in each telephone directory issued by the telecommunications company incorporated as contemplated in section 3(1) of the Post Office Act, 1958 (Act No. 44 of 1958) -
	(a)	as part of the entry for a governmental body - 
		(i)	the postal and street address, phone and fax number and (if available) electronic mail address of its information officer; and
	    (ii)	a reference to the guide required by paragraph (b) to be published in the telephone directory

 concerned and where it is so published;
	(b)	the guide in all official languages supplied to the Postmaster-General in terms of section 4(4)(b); and
	(c)	in the index thereof a reference to the guide required by paragraph (b) to be published in the telephone directory and where it is so published.
	(2) The information contemplated in subsection (1) shall be published in each telephone directory issued for any part of the Republic after the expiry of a period of 6 months after the commencement of this section and thereafter in every telephone directory that is issued.
	(3)(a) The head of a governmental body shall promptly notify the Postmaster-General of a change in any information published in a telephone directory as required by subsection (1). 
	(b) The Postmaster-General shall, on request, provide or cause to be provided a change in any information in respect of a governmental body notified to the Postmaster-General as required by paragraph (a).

Exclusion of exempt information [that may be refused under this Act] from guide, manuals and telephone directory

	8. Information to be published in a guide, manual or telephone directory referred to section 4, 5 or 7, respectively, may be formulated in such a manner that the information does not itself constitute information on the basis of which the information officer of a governmental body is authorised to refuse a request for access to a record in terms of this Act.
 
Obligation on [G]governmental bodies to make available [certain] records about decision-making guidelines and public safety risks 

	9. (1) The head of a governmental body shall make available for inspection and copying any guideline which is used by the body or any of its organs, or issued by the body to its officials for their use, in making decisions or recommendations [affecting persons in connection with] under any law to -
	(a)	confer or recognise any right, privilege, grant or benefit [to which they may be entitled or which may be available to them]; and
	(b)	impose any obligation, liability, penalty or detriment [to which they may be subject,
conferred or imposed by or under any law].
	(2) A guideline referred to in subsection (1) may be made available in a form that excludes information on the basis of which the information officer of a governmental body is authorised to refuse a request for access to a record in terms of this Act.
	(3) If a person [who], because of illiteracy, poor literacy or a visual or auditory disability, is unable to comprehend a guideline referred to in subsection (1) in the form in which it is made available by the head of the governmental body concerned, the head of the body shall, if that person so requests, take reasonable steps to make the guideline available to the person in a form in which it is capable of being comprehended by the person.
	(4) Where a guideline which is required to be made available in terms of subsection (1) or (3) [is] was not so made available [at the time at which] when a person did, or omitted to do, any act relevant to [a power or duty of a governmental body] any decision or recommendation contemplated in subsection (1), that person, if he or she was not aware of that guideline at that time, shall not be prejudiced by reason only of the application of the guideline in relation to the act or omission by him or her if he or she could lawfully have avoided the prejudice had he or she been aware of the guideline.
	(5) The head of a governmental body shall, if reasonably possible, cause any guideline referred to in subsection (1) to be made available in the form of a data bank for the users of online computer facilities.
	(6) Notwithstanding any other provision of this Act, the head of a governmental body shall, as soon as reasonably practicable, disclose any record to the public or persons affected if the head on reasonable grounds believes that it is in the public interest to do so and the record reveals a serious public safety risk.
	(7) If the record referred to in subsection (6) contains information contemplated in section 28(1) or 30(1), the head of the governmental body concerned shall, before disclosing the record, give notice to the third party concerned, if it is reasonably practicable to do so.
	(8)	A notice given under subsection (7) shall contain -
	(a)	a statement that the head of the governmental body concerned intends to release a record that contains information contemplated in section 28(1) or 30(1);
	(b)	a description of the contents of the record or part of the record that contains such information; and
	(c)	a statement that if the party makes representations forthwith to the head of the body as to why the record or part thereof should not be disclosed, those representations will be considered by the head of the body.


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