Section 46
Mandatory disclosure in public interest
Part 2 · Access to Records of Public Bodies · Chapter 4 — Grounds for Refusal of Access to Records
Despite any other provision of this Chapter, the information officer of a public body must grant a request for access to a record of the body contemplated in section 34(1), 36(1), 37(1)(a) or (b), 38(a) or (b), 39(1)(a) or (b), 40, 41(1)(a) or (b), 42(1) or (3), 43(1) or (2), 44(1) or (2) or 45, if— (a) the disclosure of the record would reveal evidence of— (i) a substantial contravention of, or failure to comply with, the law; or (ii) an imminent and serious public safety or environmental risk; and (b) the public interest in the disclosure of the record clearly outweighs the harm contemplated in the provision in question.
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
- The public-body override: despite almost every refusal ground, access must be granted where the record reveals a substantial breach of the law or an imminent, serious public-safety/environmental risk, and the public interest clearly outweighs the harm.
- It means 'mandatory refusal' is never absolute for a public body either.
Relevant tool
PopiGuard builds the s.46 public-interest test into refusal decisions so a required override isn't missed.