Question NW576 to the Minister of International Relations and Cooperation
22 March 2024 - NW576
Powell, Ms EL to ask the Minister of International Relations and Cooperation
With reference to her reply to question 117 on 23 February 2024, on what specific legislative prescripts and/or provisions may minutes of meetings held between the President of the Republic, Mr MC Ramaphosa, and other Heads of State and officials from foreign governments be rendered classified by the Government and withheld from public view?
Reply:
Section 32 of the Constitution of the Republic of South Africa, 1996, grants the right of access to any information held by the State and provides that national legislation must be enacted to give effect to this right.
However, the Promotion of Access to Information Act No. 2 of 2000 (PAIA) provides the grounds for refusal of requested information as contemplated in Chapter 4 of the Act. In terms of Section 41, if disclosing information prejudices the defence of the Republic, the security of the Republic and/or the international relations of the Republic, such information is then protected under PAIA.
Section 41 reads as follows:
“41. (1) The information officer of a public body may refuse a request for access to a record of the body if its disclosure—
(a) could reasonably be expected to cause prejudice ~
(i) the defence of the Republic; 25
(ii) the security of the Republic; or
(iii) subject to subsection (3), the international relations of the Republic; or
(b) would reveal information—
(i) supplied in confidence by or on behalf of another state or an international organisation;
(ii) supplied by or on behalf of the Republic to another state or an international organisation in terms of an arrangement or international agreement, contemplated in section 231 of the Constitution, with that state or organisation which requires the information to be held in confidence; or
(iii) required to be held in confidence by an international agreement or customary international law contemplated in section 231 or 232, respectively, of the Constitution.”
PAIA allows access to be refused to information supplied in confidence by, or on behalf of another State or international organisation, or that is required to be held in confidence by an international agreement or customary international law. It is on this legislative basis that the minutes of the meetings held between the President of the Republic, Mr MC Ramaphosa, and other Heads of State and officials from foreign governments, cannot be disclosed.