PART VIII GENERAL AND MISCELLANEOUS PROVISIONS Designation of information officers and deputy information officers 117. (1) For the purpose of this Act, each governmental body shall, subject to subsection (2) and any law governing the employment of personnel of the governmental body concerned, designate - (a) an official of the body to be the information officer of the body; and (b) such officials to be deputy information officers as the body considers necessary to assist the information officer of the body. (2) If it is practicable, an official shall be designated in terms of subsection (1) without increasing the existing personnel of the governmental body concerned. (3) The information officer of a governmental body shall have direction and control over any deputy information officer designated or appointed in terms of subsection (1)(b). (4) Where - (a) a governmental body is a governing body; or (b) a division or body of a governmental body is a governing body, the information officer of a governmental body shall, for the purposes of Part V, be the information officer of any such governing body. Establishment and appointment of Open Democracy Commission 118. (1) There shall be an Open Democracy Commission, which shall consist of five members who are South African citizens and fit and proper persons and shall - (a) have knowledge or experience relating to any function of the Commission referred to in section 119; or (b) have specialised knowledge of or experience in public administration. (2) The Commission shall be a juristic person. (3) The President shall, whenever [it becomes necessary] there is a vacancy in the membership of the Commission, appoint as a member of the Commission a person - (a) nominated by a joint committee of the Houses of Parliament composed of one member of each party represented in Parliament and willing to participate in the committee; and (b) approved by the National Assembly and the Senate by a resolution adopted by a majority of at least 75 per cent of the members present and voting at a joint meeting. (4) If any nomination is not approved as required in subsection (3)(b), the joint committee shall nominate another person. (5) The Commission shall be appointed within 180 days after the commencement of this section. (6) A member of the Commission shall hold office for a [term] non-renewable period of [five] seven years. (7) The President shall remove a member of the Commission from office if - (a) such removal is requested by a joint committee composed as contemplated in subsection (3)(a); and (b) such request is approved by the National Assembly and the Senate by a resolution adopted by at least 75 per cent majority of the members present and voting at a joint meeting. (8) A member of the Commission may resign from office by submitting at least three months' notice thereof to Parliament, unless Parliament by resolution allows a shorter period in a specific case. [(9) Any person whose term of office as a member of the Commission has expired may be reappointed for one additional term.] (10) A vacancy in the Commission shall - (a) not affect the validity of the proceedings or decisions of the Commission; and (b) be filled as soon as practicable in accordance with subsections (1), (3) and (4). (11) The Commission shall elect from among its members a chairperson and a deputy chairperson who shall hold office for as long as the Commission determines, but not later than the end of his or her current term of office as a member of the Commission. Functions of Commission 119. (1) The Commission shall - (a) annually review - (i) this Act; and (ii) other laws having a bearing on the accountability, responsiveness and openness of governmental bodies as well as other bodies, institutions or organisations which exercise substantial influence over the nature of the South African society; (b) make such recommendations for the development, improvement, modernisation, reform or amendment of this Act or such laws contemplated in paragraph (a) as the Commission considers desirable; (c) monitor the administration of this Act; (d) develop and conduct [information] educational programmes to foster public understanding of this Act and how to exercise the rights that it confers; (e) encourage governmental bodies as well as non-governmental bodies to participate in the development and conduct of programmes referred to in paragraph (d) and to undertake such programmes themselves; (f) publish and distribute a guide on how to use this Act as required by sections 4 and 6; (g) for the purposes of section 41 determine whether or not the manner in which access may be obtained and the fee payable in terms of any law contemplated in section 41 is more onerous than the manner in which access may be obtained to a record and the fee payable for access in terms of this Act; (gA) prepare and provide the notice to the head of each governmental body as required by section 83A; (h) publish such of the reports on the findings and recommendations of the Public Protector submitted to the Commission in terms of section 96 and, if reports of the Information Courts' decisions are not published pursuant to section 126(c), read with section 115(1)(c)(vi), such of the decisions, or a summary thereof, of the Information Courts as the Commission considers desirable; and (i) submit reports to Parliament in accordance with section 121. (2) The Commission shall have all such powers as are reasonably necessary or expedient to enable it to discharge its duties referred to in subsection (1) and, without limiting the generality of the foregoing, the power to - (a) recommend to a governmental or governing body or other body that that body make[s] such changes in the manner in which it administers this Act as the Commission considers advisable; (b) consult with and receive reports from governmental and other bodies on the problems encountered in the administration of this Act; (c) obtain advice from, consult with, or receive and consider proposals or recommendations from, any organ of State, statutory body or functionary, private body or individual in connection with its duties; (d) receive money from any government, international organisation, governmental or private body, individual or any other source; (e) make donations from any money referred to in paragraph (d) or section 122(5) to any non-governmental body participating in the development or conduct of, or undertaking, [information] educational programmes contemplated in section 119(1)(e); and (f) generally, inquire into any matter, including any law, practice or procedure connected with the objects of this Act stated in section 2. (3) An official of a governmental body shall afford the Commission such assistance as may reasonably be required for the effective performance of its functions. Meetings of Commission 120. (1) The chairperson shall preside at all meetings of the Commission at which he or she is present and - (a) if the chairperson is absent from a meeting, the deputy chairperson shall preside; and (b) if both the chairperson and deputy chairperson are absent from a meeting of the Commission, the members present shall elect one of their number to preside at that meeting. (2) The first meeting of the Commission shall be held at a time and place determined by the President and thereafter meetings shall be held at the times and places determined by the Commission. (3) Subject to Part V, the meetings of the Commission shall be held in public. (4) Three members of the Commission shall form a quorum for a meeting of the Commission. (5) A decision of the majority of the members of the Commission present at a meeting thereof shall be the decision of the Commission, and in the event of an equality of votes, the member presiding shall have a casting vote in addition to his or her deliberative vote. (6) Subject to this Act, [T]the Commission shall determine its own procedure and shall cause minutes to be kept of its proceedings. Reports to Parliament by Commission 121. (1) The Commission shall report to the President at least once every year on the performance of its functions and, without limiting the generality of the foregoing, include in that report - (a) any recommendation made under section 119(1)(b); and (b) any report submitted by the Public Protector in terms of section 96; and (c) in relation to each governmental body or governing body (as the case may be), particulars of - (i) the number of requests for access to records; (ii) the number of those requests for access granted in full; (iii) the number of those requests for access granted pursuant to section 42; (iv) the number of requests for access refused in full [or] and refused partially, and [in each case the provision of the Act under which it was refused] the number of times each provision of the Act relied on to refuse access was invoked to justify refusal in full and partial refusal; (v) the number of requests for correction of personal information held by governmental bodies and the number of cases in which some or all of the personal information concerned was corrected; (vi) the number of cases in which an extension of the period of time stipulated in section 17(1) or [25]49C(5) was made under section 19(1) or that section, read with section [25]49C(4), respectively; (vii) the number of applications for an urgent decision on a request for access to a record, and for correction of personal information, and the number of cases in which the application was granted; (viii) the number of internal appeals lodged with the head of the body and the number of cases in which, as a result of an internal appeal, access was given to a record and a part of a record and a correction of inaccurate personal information was made; (ix) the number of complaints to the Public Protector and the outcome thereof; (x) the number of applications for an urgent decision on an internal appeal made under section 88, and the number of cases in which it was granted; (xi) the number of internal appeals which were lodged on the ground that a request for access to a record or correction of personal information was deemed to have been refused in terms of section 20(1); (xii) the number of appeals and applications made to the Information Courts and the outcome thereof and the number of decisions of the Information Courts taken on review and the outcome thereof; (xiii) the number of appeals made to the Information Courts which were lodged on the ground that an internal appeal was deemed to have been dismissed in terms of section 20(2); ([d]xiv) [in relation to each governing body,] the number of meetings closed and in each case the provision of the Act under which it was closed and whether it was closed to a particular person, a class of persons or all persons; (xv) such other matters as may be prescribed. (2) The Commission may, at any time, make a special report to the President [on] comprising - (a) any matter relating to its functions; or (b) the findings and recommendations in respect of a particular investigation by the Public Protector, and the Commission's comments thereon, where in the Commission's opinion the matter is of such urgency or importance that a report thereon should not be deferred until the submission of its next annual report in terms of subsection (1). (3) The President shall cause a report submitted to him or her under subsection (1) or (2) to be tabled promptly in Parliament. (4) If a report or any part thereof referred to in subsection (1) or (2) relates to any matter affecting a governmental body on a provincial or local level of a province, the report or part thereof shall be submitted to the Premier of the province concerned. (5) The Premier of a province shall cause a report or part thereof (as the case may be) submitted to him or her under subsection (4) to be tabled promptly in the provincial legislature of the province. Staff and expenditure of Commission and remuneration of Commission's members 122. (1) The Commission shall, in consultation with the Public Service Commission, designate in general or for a specific purpose such officers appointed in terms of section 15(3)(a) of the Public Service Act, 1994 (Proclamation No. 103 of 1994), as are necessary to perform the administrative work incidental to the performance of the Commission's functions. (2) The Commission shall, in consultation with the Public Service Commission, designate an officer referred to in subsection (1) as chief executive officer, who - (a) shall be responsible for the management of and administrative control over officers referred to in subsection (1), and shall for those purposes be accountable to the Commission; (b) shall, subject to the Exchequer Act, 1975 (Act No. 66 of 1975) - (i) be charged with the responsibility of accounting for State money received or paid out for or on account of the Commission; and (ii) cause the necessary accounting and other related records to be kept. (3) An officer designated in terms of subsection (1) or (2) shall perform his or functions under the control and supervision of the Commission. (4) The records referred to in subsection (2)(b)(ii) shall be audited by the Auditor-General. (5) [The defrayal of] Any expenditure in connection with the performance of the Commission's functions shall be defrayed - (a) from moneys appropriated by Parliament for such purpose; (b) subject to - (i) requests being received with the necessary modifications in the form prescribed for the budgetary processes of departments of State; and (ii) the provisions of the Exchequer Act, 1975, and the regulations and instructions issued in terms thereof, as well as the Auditor-General Act, 1989 (Act No. 52 of 1989). (6) The Commission may, in consultation with the Public Service Commission, in the performance of its functions, for specific projects, enter into contracts for the services of persons having technical or specialised knowledge of any matter relating to the work of the Commission, and, with the approval of the Minister of Finance, determine the remuneration, including reimbursement for travelling, subsistence and other expenses, of such persons. (7) The remuneration and allowances of a member of the Commission who is not in the full-time employment of the State shall be determined by the President in consultation with the Cabinet and the Minister of Finance. (8) The remuneration and allowances determined under subsection (7) may differ according to the office held by the member or the functions performed by him or her. Delegation of powers and assignment of duties by Public Protector or head or information officer of governmental body 123. (1)(a) The Public Protector may, subject to such conditions as he or she may determine, delegate any of his or her powers under this Act or assign any of his or her duties in terms of this Act to any member of the office of the Public Protector. (b) For the purposes of this Act "a member of the office of the Public Protector" means - (i) a Deputy Public Protector appointed in terms of section 3(2) of the Public Protector Act, 1994 (Act No. 23 of 1994); or (ii) a member of the staff of the Public Protector appointed in terms of section 3(1)(c), or seconded in terms of section 3(12), of the Public Protector Act, 1994. (2) The head of a governmental body may, subject to such conditions as he or she may determine, delegate any of his or her powers under this Act or assign any of his or her duties in terms of this Act to any official other than the information officer or a deputy information officer referred to in section 117(1). (3) The information officer of a governmental body may, subject to such conditions as he or she may determine, delegate any of his or her powers under this Act or assign any of his or her duties in terms of this Act to a deputy information officer of the governmental body referred to in section 117(1)(b). (4) A delegation or assignment under subsection (1), (2) or (3) [- (a) shall not divest the Public Protector or head or information officer of a governmental body of the power delegated or duty assigned, and he or she may at any time amend or set aside any decision made thereunder; and (b)] shall not prevent the exercise of the power delegated or the performance of the duty assigned [concerned] by the Public Protector or head or information officer of the governmental body, as the case may be. Restriction of liability 124. No person shall be liable in respect of anything done or omitted in good faith and not attributable to negligence in the exercise or performance of a power or duty in terms of this Act. Offences 125. (1) A person who - (a) wilfully destroys a record of a governmental body knowing that the record is required to be preserved in terms of section 14; (b) is seeking access to a record in order to further a commercial interest as contemplated in section 15(1) and wilfully fails to include a statement to that effect as required by section 11(1)(e); (c) wilfully fails to comply with an undertaking contemplated in section 51(1)(g)(ii); (d) interferes with, hinders or obstructs - (i) the Public Protector or a member of his or her office mentioned in section 123(1)(b); or (ii) an Information Court or an officer of the Court contemplated in section 98(3), in exercising a power or performing a duty in terms of this Act; (e) wilfully disrupts the proceedings of an Information Court; (f) refuses or fails to comply with a direction given by an Information Court; (g) refuses to answer any question put to him or her by an Information Court; (h) without just cause - (i) submits a declaration to an Information Court, knowing it to be false or not knowing or believing the declaration to be true; or (ii) gives an answer to a question put to him or her under oath or affirmation by an Information Court which is false or not knowing or believing it to be true; or (i) refuses to take the oath or to make an affirmation required by an Information Court; (j) does anything calculated improperly to influence - (i) the Public Protector in respect of any matter being or to be considered by the Public Protector in [connection with] an investigation under this Act; or (ii) an Information Court in respect of any matter being or to be considered by the Information Court [in connection with its proceedings]; (k) fails to afford the Commission the necessary assistance referred to in section 119(3); or (l) contravenes the provisions of section 94(1), commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment. (2) A member of a governing body who attends a meeting of the body knowing that - (a) the meeting is closed to any person contrary to the provisions of this Act; or (b) the provisions of section 56(1), 57, 59(1) or (2) or 60(1) have not been or are not being complied with in respect of the meeting, commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment. (3) If - (a) the conviction of a member of a governing body for an offence under subsection (2) is a third or any subsequent conviction of the member for an offence under that subsection; (b) the governing body to which the third or subsequent conviction relates is the same governing body to which the previous convictions relate; and (c) the meeting to which the third or any subsequent conviction relates is not the same meeting as that to which any previous conviction relates, the court concerned may order termination of his or her membership of that governing body. Regulations 126. The President in consultation with the Commission may, by proclamation in the Gazette make regulations - (a) as to any matter which is required or permitted by this Act to be prescribed; (b) after consultation with the Minister of Finance and with the approval of a Joint Parliamentary Committee designated by the Speaker of the National Assembly, prescribing in accordance with sections 15, 16, 22 and 85(3) the fees to be paid in terms of this Act; (c) prescribing in accordance with section 115 the procedure for lodging an appeal or an application with an Information Court and for proceedings before the Court and the review of those proceedings; (d) prescribing forms for requests for access or correction, internal appeals and any notices (other than those referred to in section 115(1)(c)(vii)) to be given under this Act; (e) as to any matter which it is reasonably necessary or expedient to regulate in order that the objects of this Act stated in section 2 may be achieved. Repeal or amendment of laws 127. The laws mentioned in the Schedule are repealed or amended to the extent set out therein. Short title and commencement 128. (1) This Act shall be called the Open Democracy Act, 1995 and shall come into operation on a date determined by the President by proclamation in the Gazette. (2) Different dates may be determined under subsection (1) in respect of different provisions of this Act. SCHEDULE LAWS REPEALED OR AMENDED (Section 127) At this stage it is envisaged that some of the provisions of the following laws should be amended or repealed: Defence Act, 1957 (Act No. 44 of 1957) Police Act, 1958, (Act No. 7 of 1958) Correctional Services, 1959 (Act No. 8 of 1959) Archives Act, 1962 (Act No. 6 of 1962) Armaments Development and Production, 1968 (Act No. 57 of 1968) National Supplies Procurement Act, 1970 (Act No. 89 of 1970) Criminal Procedure, 1977 (Act No. 51 of 1977) Petroleum Products Act, 1977 (Act No. 120 of 1977) National Key Points, 1980 (Act No. 102 of 1980) Internal Security, 1982 (Act No. 74 of 1982) Protection of Information, 1982 (Act No. 84 of 1982) Investigation of Serious Economic Offences, 1991 (Act No. 117 of 1991) Prevention of Public Violence and Intimidation, 1991 (Act No. 139 of 1991) Interception and Monitoring Prohibition, 1992 (Act No. 127 of 1992) Drug and Drug Trafficking, 1992 (Act No. 140 of 1992) Further Indemnity, 1992 (Act No. 151 of 1992)