Section 40
Mandatory protection of records privileged from production in legal proceedings
Part 2 · Access to Records of Public Bodies · Chapter 4 — Grounds for Refusal of Access to Records
The information officer of a public body must refuse a request for access to a record of the body if the record is privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege.
Source: SAFLII — Promotion of Access to Information Act 2 of 2000 (consolidated, updated 11 October 2024) — cross-checked verbatim before publishing.
Beyond the text
What this means in practice
- Privileged records must be refused unless the privilege-holder waives it — the public-body twin of s.67.
- Legal professional privilege survives a PAIA request.
Relevant tool
PopiGuard helps identify privileged records and confirm any waiver before release under s.40.