03 February 2008

515 Presidential Pardons SAHA submits appeal

FOIP submitted a request for access to information in terms of PAIA to the Department of the Presidency in November 2007 for further detail of the '515 Presidential Pardons' referred to in the 2006-2007 Annual Report of the Presidency:' Section B: Branch Reports', 'Tables', Page 7, Table 12.

In SAHA’s view disclosure of this information is not only just in terms of the Act but is consistent with the spirit of openness and disclosure regarding the inter-related issues of indemnity, amnesty and pardons that form the basis of a number of recent pieces of legislation: namely the Promotion of National Unity and Reconciliation Act of 1995, the Indemnity and Further Indemnity Acts of 1990 and 1991 and PAIA.

This request has been refused on the grounds of Section 34(1) of PAIA (unreasonable disclosure of third party personal information). FOIP has responded by submitting an Internal Appeal in accordance with Section 74 and on the grounds of: Section 34(2)(c); Section 25(3)(a); and Section 46. FOIP is awaiting a response in terms of Section 77(2).

For further information, please contact:

Charlotte Young
Research and Outreach Officer
Freedom of Information Programme
t +27 11 717 1941
f +27 11 717 1964
e foip@saha.org.za