Section 5
Application of other legislation prohibiting or restricting disclosure
Part 1 · Introductory Provisions · Chapter 2 — General Application Provisions
This Act applies to the exclusion of any provision of other legislation that— (a) prohibits or restricts the disclosure of a record of a public body or private body; and (b) is materially inconsistent with an object, or a specific provision, of this Act.
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
- A strong pro-access override: PAIA prevails over other laws that restrict disclosure where they are materially inconsistent with it.
- A secrecy clause elsewhere doesn't automatically defeat a PAIA request.
Relevant tool
PopiGuard helps you test whether another law really blocks disclosure, or whether s.5 means PAIA prevails.