ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT
(as amended January 2008)
42F
Enforcement of orders of Commission
(1) Subject to this section, on application by the Commission or an interested party, any
decision made by the Commission in terms of section 42D may be registered in the High Court
and, upon registration, may be enforced in the same way as a judgment of the High Court.
(2) Part II of the Civil Matters (Mutual Assistance) Act [Chapter 8:02] and any relevant
rules of court shall apply to the registration and enforcement of an order in terms of subsection
(1) as if—
(a) the order were a judgment in a designated country as defined in section 2 of the Act;
and
(b) the Commission or the interested party making the application were a judgment creditor as defined in section 4 of that Act; and
(c) the responsible party in respect of whom the order was made were a judgment debtor.
(3) An order may be registered and enforced in terms of subsection (1) even if a prosecution been instituted in respect of any contravention or failure to comply with the order.
42G Penalty for contravention of decisions or orders of Commission
Any person who without lawful excuse contravenes or fails to comply with any decision or
order of the Commission made in terms of this Part shall be guilty of an offence and liable to a
fine not exceeding level seven or to imprisonment for a period not exceeding six months or to
both such fine and such imprisonment.
42H Council to keep records
(1) The Council shall cause minutes of all proceedings of and decisions taken at every
meeting of the Council to be entered in books kept for the purpose.
(2) Any minutes referred to in subsection (1) which purport to be signed by the chairperson
of the meeting to which the minutes relate or by the chairperson of the next following meeting
of the Council, as the case may be, shall be accepted for all purposes as prima facie evidence of
the proceedings of and decisions taken at the meeting concerned.
(3) In addition to the minutes it is required to keep by subsection (1), the Council shall keep
proper records of all its proceedings, findings and recommendations in terms of this Part.
(4) The records referred to in subsection (3) shall be kept at the offices of the Council and
be open to inspection by interested parties during normal office hours.
(5) The Council shall, at the request of any interested party and on payment of such fee as
may be prescribed, furnish him or her with a certified copy of or an extract from any record referred to in subsection (3).
PART VIII
MEDIA AND INFORMATION FUND
43
Establishment and vesting of Media and Information Fund
(1) There is hereby established a fund to be known as the Media and Information Fund.
(2) Subject to this Part, the Fund shall be vested in and administered by the Commission as
trustee.
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