Section 67
Mandatory protection of records privileged from production in legal proceedings
Part 3 · Access to Records of Private Bodies · Chapter 4 — Grounds for Refusal of Access to Records
The head of a private 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
- You must refuse access to a record that is privileged from production in legal proceedings — unless the person entitled to the privilege has waived it.
- Legal professional privilege survives a PAIA request; only the privilege-holder can waive it.
Relevant tool
PopiGuard helps you identify privileged records and confirm whether privilege has been waived before any release under s.67.