Marius Scheepers & Company Attorneys


mariusscheepers@irodo.com

Electronic Communications & Transactions Act Compliance:

Marius Scheepers & Company,
P.O. Box 38197,
Faerie Glen,
Pretoria,
South Africa,
0043

C/O 519 Spuy Street,
Sunnyside,
Pretoria

Telephone / Fax no.:
+27 (0)12 991 4487

Data / Fax no.:
+27 (0)82 565 5140

Mobile no.:
+27 (0)82 569 4198



Marius Scheepers and Company Attorneys and their associates accept no liability for any damages or losses suffered as a result of actions taken based on information contained herein. They are committed to regularly update all information that is subject to change from time to time. Any person may contact them for further information and to arrange for a consultation to deal with a specific issue or send an e-mail to mariusscheepers@irodo.com The information contained herein does not serve as alternative to legal advice that may be provided during a furrow assessment of the case at a proper consultation.


www.ccma.org.za

www.ccma.co.za
www.labour.org.za
www.irodo.com





 

 

(updated 01/03)

 

GOVERNMENT NOTICE

 

DEPARTMENT OF JUSTICE

 

No. R. 223 9 March 2001

 

PROMOTION OF ACCESS TO INFORMATION ACT, 2000

REGULATIONS RELATING TO THE PROMOTION OF ACCESS TO INFORMATION

 

The Minister for Justice and Constitutional Development has, under section 92 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), made the regulations in the Schedule.

 

SCHEDULE

 

Definition

1. In these Regulations any word or expression to which a meaning has been assigned in the Act shall bear that meaning and, unless the context otherwise indicates -

"the Act" means the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).

 

Form of request

2. A request for access to a record, as contemplated in section 18(1) of the Act, must be made in the form of Form A of the Annexure.

 

Fees for records of public body

3.(1) The fee for reproduction, referred to in section 15(3) of the Act, is as follows:

R

(a) For every photocopy of an A4-size page or

part thereof 0,60

(b) For every printed copy of an A4-size page or part

thereof held on a computer or in electronic or machine-

readable form 0,40

(c) For a copy in a computer-readable form on -

(i) stiffy disc 5,00

(ii) compact disc 40,00

(d) (i) For a transcription of visual images,

for an A4-size page or part thereof 22,00

(ii) For a copy of visual images 60,00

(e) (i) For a transcription of an audio record,

for an A4-size page or part thereof 12,00

(ii) For a copy of an audio record 17,00

(2)               The request fee payable by every requester, other than a personal requester referred to in section 22(1) of the Act, is R 35,00.

(3)               The access fees payable by a requester referred to in section 22(7) of the Act, unless exempted under section 22(8) of the Act, are as follows:

R

(a) For every photocopy of an A4-size page or

part thereof 0,60

(b) For every printed copy of an A4-size page or part

thereof held on a computer or in electronic or machine-

readable form 0,40

(c) For a copy in a computer-readable form on -

(i) stiffy disc 5,00

(ii) compact disc 40,00

(d) (i) For a transcription of visual images,

for an A4-size page or part thereof 22,00

(ii) For a copy of visual images 60,00

(e) (i) For a transcription of an audio record,

for an A4-size page or part thereof 12,00

(ii) For a copy of an audio record 17,00

(f) To search for the record for disclosure, R 15,00 for each hour or part of an hour, excluding the first hour, reasonably required for such search.

(4) The actual postal fee is payable when a copy of a record must be posted to a requester.

(5) For purposes of section 22(2) of the Act the following applies:

(a) Six hours as the hours to be exceeded before a deposit is payable; and

(b) one third of the access fee is payable as a deposit by the requester.

Form of request

4. A request for access to a record, as contemplated in section 53(1) of the Act, must be made in the form of Form B of the Annexure.

Fees for records of private body

5.(1) The fee for reproduction referred to in section 52(3) of the Act, is as follows:

R

(a) For every photocopy of an A4-size page or

part thereof 1,10

(b) For every printed copy of an A4-size page or part

thereof held on a computer or in electronic or machine-

readable form 0,75

(c) For a copy in a computer-readable form on -

(i) stiffy disc 7,50

(ii) compact disc 70,00

(d) (i) For a transcription of visual images,

for an A4-size page or part thereof 40,00

(ii) For a copy of visual images 60,00(e) (i) For a transcription of an audio record,

for an A4-size page or part thereof 20,00

(ii) For a copy of an audio record 30,00

(2) The request fee payable by a requester, other than a personal requester, referred to in section 54(1) of the Act is R 50,00.

(3) The access fees payable by a requester referred to in section 54(7) of the Act, unless exempted under section 54(8) of the Act, are as follows:

R

(a) For every photocopy of an A4-size page or

part thereof 1,10

(b) For every printed copy of an A4-size page or part

thereof held on a computer or in electronic or machine-

readable form 0,75

(c) For a copy in a computer-readable form on -

(i) stiffy disc 7,50

(ii) compact disc 70,00

(d) (i) For a transcription of visual images,

for an A4-size page or part thereof 40,00

(ii) For a copy of visual images 60,00

(e) (i) For a transcription of an audio record,

for an A4-size page or part thereof 20,00

(ii) For a copy of an audio record 30,00

(f)                 To search for the record for disclosure, R 30,00 for each hour or part of an hour reasonably required for such search.

(4) The actual postal fee is payable when a copy of a record must be posted to a requester.

(5) For purposes of section 54(2) of the Act the following applies:

(a) Six hours as the hours to be exceeded before a deposit is payable; and

(b)               one third of the access fee is payable as a deposit by the requester.

Notice of internal appeal

6.                  Notice of an internal appeal, as contemplated in section 75(1) of the Act, must be lodged in the form of Form C of the Annexure.

 

Appeal fees

7.                  The appeal fee payable in respect of the lodging of an internal appeal by a requester against the refusal of his or her request for access, as contemplated in section 75(3)(a) of the Act, is R 50,00 .

Value-added tax

8.                  Public and private bodies registered under the Value-Added Tax Act, 1991 (Act No. 89 of 1991), as vendors may add value added tax to all fees prescribed in terms of these regulations.

Commencement

9. These regulations shall come into operation on 9 March 2001.

 

ANNEXURE

 

FORM A

 

REQUEST FOR ACCESS TO RECORD OF PUBLIC BODY

(Section 18(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000))

[Regulation 2]

 

FOR DEPARTMENTAL USE

Reference number:

Request received by (state rank, name and surname of information officer/deputy information officer) on (date) at (place).

Request fee (if any): R ....................................

Deposit (if any): R ...................................

Access fee: R ...................................

SIGNATURE OF INFORMATION OFFICER/DEPUTY INFORMATION OFFICER

A. Particulars of public body

 

The Information Officer/Deputy Information Officer:

B.                 Particulars of person requesting access to the record

 

(a) The particulars of the person who requests access to the record must be recorded below.

(b) Furnish an address and/or fax number in the Republic to which information must be sent.

(c) Proof of the capacity in which the request is made, if applicable, must be attached.

Full names and surname: Identity number: Postal address:

Fax number: Telephone number: E-mail address:

Capacity in which request is made, when made on behalf of another person:

C.                 Particulars of person on whose behalf request is made

 

This section must be completed only if a request for information is made on behalf of another person.

Full names and surname:

Identity number:

D.                Particulars of record

 

(a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.

(b) If the provided space is inadequate please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.

1.                  Description of record or relevant part of the record:

2.                  Reference number, if available:

3.                  Any further particulars of record:

E.                 Fees

 

(a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.

(b) You will be notified of the amount required to be paid as the request fee.

(c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.

(d) If you qualify for exemption of the payment of any fee, please state the reason therefor.

Reason for exemption from payment of fees:

F.                  Form of access to record

If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.

 

Disability:

 

Form in which record is required:

Mark the appropriate box with an X.

NOTES:

(a) Your indication as to the required form of access depends on the form in which the record is available.

(b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.

(c)    The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.

 

 

1. If the record is in written or printed form -

 

 

 

 

copy of record*

 

 

 

inspection of record

 

2. If record consists of visual images -

(this includes photographs, slides, video recordings, computer-generated images, sketches, etc.)

 

 

 

 

view the images

 

 

 

copy of the images*

 

 

 

transcription of the images*

 

 

3. If record consists of recorded words or information which can be reproduced in sound -

 

 

 

 

listen to the soundtrack (audio cassette)

 

 

 

transcription of soundtrack*

(written or printed document)

 

 

 

 

4. If record is held on computer or in an electronic or machine-readable form -

 

 

 

 

printed copy of record*

 

 

 

printed copy of information derived from the record*

 

 

 

copy in computer readable form*

(stiffy or compact disc)

 

 

*If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you?

A postal fee is payable.

 

YES

 

NO

 

 

Note that if the record is not available in the language you prefer, access may be granted in the language in which the record is available.

 

 

In which language would you prefer the record?

 

G.                Notice of decision regarding request for access

 

You will be notified in writing whether your request has been approved/denied. If you wish to be informed thereof in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your request for access to the record?

Signed at this day of 20

SIGNATURE OF REQUESTER / PERSON ON WHOSE BEHALF REQUEST IS MADE

FORM B

 

REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY

(Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000))

[Regulation 4]

A. Particulars of private body

 

The Head:

 

B. Particulars of person requesting access to the record

 

(a) The particulars of the person who requests access to the record must be recorded below.

(b) Furnish an address and/or fax number in the Republic to which information must be sent.

(c) Proof of the capacity in which the request is made, if applicable, must be attached.

Full names and surname: Identity number: Postal address:

Fax number: Telephone number: E-mail address:

Capacity in which request is made, when made on behalf of another person:

C.                 Particulars of person on whose behalf request is made

 

This section must be completed only if a request for information is made on behalf of another person.

Full names and surname:

Identity number:

 

D.                Particulars of record

 

(a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.

(b) If the provided space is inadequate please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.

1.                  Description of record or relevant part of the record:

 

2.                  Reference number, if available:

 

3.                  Any further particulars of record:

 

E.                 Fees

 

(a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.

(b) You will be notified of the amount required to be paid as the request fee.

(c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.

(d) If you qualify for exemption of the payment of any fee, please state the reason therefor.

Reason for exemption from payment of fees:

F.                  Form of access to record

If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.

 

 

Disability:

 

Form in which record is required:

 

Mark the appropriate box with an X.

NOTES:

(a) Your indication as to the required form of access depends on the form in which the record is available.

(b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.

(c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.

 

 

1. If the record is in written or printed form -

 

 

 

 

copy of record*

 

 

 

inspection of record

 

 

2. If record consists of visual images -

(this includes photographs, slides, video recordings, computer-generated images, sketches, etc.)

 

 

 

 

view the images

 

 

 

copy of the images*

 

 

 

transcription of the images*

 

 

3. If record consists of recorded words or information which can be reproduced in sound -

 

 

 

 

listen to the soundtrack (audio cassette)

 

 

 

transcription of soundtrack*

(written or printed document)

 

 

4. If record is held on computer or in an electronic or machine-readable form -

 

 

 

 

printed copy of record*

 

 

 

printed copy of information derived from the record*

 

 

 

copy in computer readable form*

(stiffy or compact disc)

 

 

*If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you?

A postal fee is payable.

 

YES

 

NO

 

G.                Particulars of right to be exercised or protected

 

If the provided space is inadequate please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.

 

1.      Indicate which right is to be exercised or protected:

2.      Explain why the requested record is required for the exercising or protection of the aforementioned right:

H.                Notice of decision regarding request for access

 

You will be notified in writing whether your request has been approved/denied. If you wish to be informed thereof in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your request for access to the record?

Signed at this day of 20

 

SIGNATURE OF REQUESTER / PERSON ON WHOSE BEHALF REQUEST IS MADE

 

 

FORM C

 

NOTICE OF INTERNAL APPEAL

(Section 75 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000))

[Regulation 6]

 

 

STATE YOUR REFERENCE NUMBER:

 

NOTE: A person who lodges an internal appeal may have to pay an appeal fee.

If an appeal fee is payable, the decision of the internal appeal may be deferred until the fee is paid.

 

A.                 Particulars of public body

The Information Officer/Deputy Information Officer:

B.                 Particulars of requester/third party who lodges the internal appeal

 

(a) The particulars of the person who is lodging the internal appeal, must be completed below.

(b) Proof of the capacity in which appeal is lodged, if applicable, must be attached.

(c) If the appellant is a third person and not the person who originally requested the information, the particulars of the requester must be stated at C below.

Full names and surname:

Identity number:

Postal address: Fax number:

Telephone number: E-mail address: Capacity in which an internal appeal on behalf of another person is lodged:

C.                 Particulars of requester

 

This section must be completed ONLY if a third party (other than the requester) is lodging the internal appeal.

Full names and surname: Identity number:

D.                The decision against which the internal appeal is lodged

 

 

Mark the decision against which the internal appeal is lodged with an X in the appropriate box:

 

 

 

Refusal of request for access.

 

 

 

 

Decision regarding fees determined in terms of section 22 of the Act.

 

 

 

 

Decision regarding the extension of the period within which request must be dealt with in terms of section 26(1) of the Act.

 

 

 

 

Decision in terms of section 29(3) of the Act to refuse access in the form as requested by the requester.

 

 

 

 

Decision to grant request for access.

 

E.                 Grounds for appeal

 

If the provided space is inadequate please continue on a separate folio and attach it to this form. You must sign all the additional folios.

State the grounds upon which the internal appeal is based

State any other information that may be relevant in considering the appeal:

F.                  Notice of decision on appeal

 

You will be notified in writing of the decision on your internal appeal. If you wish to be informed thereof in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

State the manner:

Particulars of manner:

Signed at this day of 20

 

SIGNATURE OF APPELLANT

 

FOR DEPARTMENTAL USE:

OFFICIAL RECORD OF INTERNAL APPEAL:

Appeal received on (date) by (state rank, name and surname of information officer/deputy information officer).

Appeal accompanied by the reasons for the information officer/deputy information officer's decision and, where applicable, the particulars of any third party to whom or which the records, submitted by information officer/deputy information officer on (date) to the relevant authority.

 

OUTCOME OF APPEAL:

DECISION OF INFORMATION OFFICER/DEPUTY INFORMATION OFFICER CONFIRMED/SUBSTITUTED BY NEW DECISION

NEW DECISION:

 

DATE RELEVANT AUTHORITY

 

DATE RECEIVED BY THE INFORMATION OFFICER/DEPUTY INFORMATION OFFICER FROM THE RELEVANT AUTHORITY: