Interpretation
(1) The information officer of a public body— (a) must refuse a request for access to a record contemplated in section 34(1), 35(1), 36(1), 37(1)(a), 38(a), 39(1)(a), 40 or 43(1); or (b) may refuse a request for access to a record contemplated in section 37(1)(b), 38(b), 39(1)(b), 41(1)(a) or (b), 42(1) or (3), 43(2), 44(1) or (2) or 45, unless the provisions of section 46 apply.
(2) A provision of this Chapter in terms of which a request for access to a record must or may or may not be refused, may not be construed as— (a) limited in its application in any way by any other provision of this Chapter in terms of which a request for access to a record must or may or may not be refused; and (b) not applying to a particular record by reason that another provision of this Chapter in terms of which a request for access to a record must or may or may not be refused, also applies to that record.
What this means in practice
- This maps the public-body refusal grounds into 'must refuse' (mandatory) and 'may refuse' (discretionary), all subject to the s.46 public-interest override.
- Each ground stands independently — more than one can apply to the same record, and each is assessed on its own.
PopiGuard maps each request against every applicable ground and flags which are mandatory versus discretionary.