Department of Justice and Constitutional Development
4 October 2019
Promotion of Access to Information Act Rules have been amended.
The justice and constitutional development department published the amended Rules of Procedure for Application to Court in Government Gazette 42740.
Definitions added include High Court rules meaning the “Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High Court of South Africa” and Magistrates’ Courts Rules meaning the “Rules Regulating the Conduct of the Proceedings of the Magistrates’ Courts of South Africa”.
The amended rules also stipulate that an application contemplated in section 78 of the act must be brought within 180 days from the date of the applicable event in sections 78(2).
Detail is also provided on applications and ex parte representations.
Applications must be brought in accordance with and governed by rule 6 of the High Court Rules, when brought in the High Court or Rule 55 of the Magistrates’ Courts Rules when brought in a Magistrates’ Court.
Ex parte representations must be made under oath or affirmation of the truth in writing and, where applicable, supported by documents.
Information officers, upon receipt of the application, must provide a copy of the application to all other parties affected by the application that have not been cited.
Amended Administrative Review Rules in terms of the Promotion of Administrative Justice Act are also published.
Detail is provided on application to High Court where no record, or incomplete record, has been furnished; applications to High Court where record has been furnished; applications to Magistrates’ Court and condonation.
Both sets of amended rules come into effect on 4 November 2019.
Meanwhile, the department has also published amended regulations relating to the Promotion of National Unity and Reconciliation Act:
• Notice 1285– amendment of Regulations Relating to Assistance to Victims in Respect of Higher Education and Training – amendments to come into force on 1 January 2020 (regulation 9 on 7 November 2019);
• Notice 1286 – amendment of Regulations Relating to Assistance to Victims in Respect of Basic Education – regulations apply for six years from 7 November 2014.