1. In terms of the provisions of the above-mentioned Act which is already operative, any person may apply for access to any information or records in the possession or under the control of, inter alia, a public body and which might be used by such a person to exercise or protect his or her rights. However, this Act also provides for the restriction of this right where refusing access to certain information or records is justified. The aforementioned Act is obtainable from the Government Printing Works, 90 Plein Street, Cape Town, 8001 (telephone number (021) 465-7531).
2. Every school and college, in terms of the definition of "public body" (paragraph (b)) in section 1 of the above-mentioned Act, is considered to be a separate public body (with the principal as the information officer).
3. With a view to the correct handling of future requests of this nature, the Western Cape Education Department (WCED) will place detailed, yet simple guidelines on the WCED-Website: wced.wcape.gov.za in due course.  (This document is available here.)  As these are only guidelines, schools and colleges should note that they, as separate public bodies, must develop their own procedures and processes on how to handle these requests. It is the responsibility of each principal as information officer to ensure that the provisions of the above-mentioned Act are executed. Hard copies of the guidelines will be made available only on request to schools that do not have access to the Internet. As an alternative, these schools may also obtain hard copies from neighbouring schools that do have access to the Internet.
4. Please bring the contents of this circular to the attention of the chairpersons of governing bodies and all other persons concerned.


SIGNED: A.J. VAN NIEKERK
HEAD: EDUCATION
DATE: 2003:05:14