Parliamentary Question: DoT: Budgetary Transfers

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QUESTION NO 147

Mr G G Boinamo (DA) asked the Minister of Transport:

What (a) statutory provisions, (b) regulations, (c) policy instruments and (d) practices govern the (i) classification, (ii) protection against the release or access, (iii) protection for other purposes such as preservation and (iv) release upon request for access of (aa) documented information and (bb) undocumented information held by (aaa) his department or (bbb) any other entities who receive budgetary transfers from his department?

REPLY:

The Minister of Transport:
(b) (c) (d) (i) (ii) (iii) (iv) (aa) and (bb)

The Department of Transport (DoT) uses the following legislative prescripts, to wit Promotion of Access to Information Act, 2000 (Act No 2 of 2000), and its Regulations, the Minimum Information Security Standards document (MISS), the Constitution of the Republic of South Africa, 1996 (Act No 108 of 1996), as amended, and the National Archives of South Africa Act, 1996 (Act No 43 of 1996). The DoT also uses internal Security Policies for the classification, protection against release or access, protection for the other purposes such as prevention and release upon request for access of documented information and undocumented information held in the Department’s custody.

The MISS document lays down the minimum standards for the handling of classified information in all Government institutions and also prescribes how such institutions may send classified information to one another in the knowledge that the risk of compromising such information has been eliminated.

Accessing and severing of information and refusal thereof is dealt with in terms of the Promotion of Access to Information Act, 2000 (Act No 2 of 2000), and its Regulations. The Promotion of Access to Information Act is a creature of section 32 (2) of the Constitution.
(aaa) and (bbb)



All the above prescripts are applicable to all institutions and entities, including the Department of Transport.