8. HOW TO REQUEST RECORDS

 

Records, whether specifically listed in Manual or not, will only be made available subject to the provisions of the Act.

 

9. FORM OF REQUEST

 

The Requester must use the prescribed form to make the request for access to a record. This must be made to the Information Officer at the address, fax number or electronic mail address of the body concerned [See s 53(1) of the Act].

 

The Requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the Requester. The Requester should also indicate which form of access is required and specify a postal address, fax number in the Republic or email address. The Requester should also indicate if, in addition to a written reply, any other manner is to be used to inform the Requester and state the necessary particulars to be so informed [See s 53(2)(a) and (b) and (c) and (e) of the Act].

 

The Requester must identify the right that is sought to be exercised or protected and provide an explanation of why the requested record is required for the exercise or protection of that right [See s 53(2)(d) of the Act].

 

If a request is made on behalf of another person, the Requester must submit proof of the capacity in which the Requester is making the request to the satisfaction of the head of the private body [See s 53(2)(f) of the Act].

 

10. FEES

 

A Requester who seeks access to a record containing personal information about that Requester is not required to pay the request fee. Every other Requester, who is not requesting access to a record containing personal information about him/her or itself, must pay the required request fee

The Information Officer must by notice require the Requester (other than a personal Requester) to pay the prescribed request fee (if any) before further processing the request [See s 54(1) of the Act].

 

If access to a record/s is granted by ASGI, the Requester may be required to pay an access fee for the search for and preparation of the records and for re-production of the record/s. 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. The Requester may lodge an application to the court against the tender or payment of the request fee [See s 54(3)(b) of the Act]. The access fees which apply are set out in Part III of Annexure A of the Regulations to the Act. ASGI can withhold a record/s until such access fees have been paid.

 

11. DECISION ON REQUEST

 

After the Information Officer has made a decision on the request, the Requester will be notified using the required form. If the request is granted then a further access fee must be paid for reproduction, for search and preparation, and for any time that has exceeded the prescribed hours to search for and prepare the record for disclosure [See s 54(6) of the Act].

 

12. GROUNDS OF REFUSAL OF ACCESS

 

In terms of Part 3, Chapter 4 of the Act ASGI may and in certain instances must refuse access to records on the grounds set out in the Act. The grounds include-

 

12.1 professional privilege;

12.2 that the record constitutes privileged information for the purposes of legal proceedings;

12.3 that it is necessary to protect the commercial information or the confidential information of a third party;

12.4 that it is necessary to protect the commercial information of or of ASGI;

12.5 that it is necessary to protect the safety of individuals or property;

12.6 that it is necessary to protect the research information of a third party or of ASGI; and

12.7 that granting access would result in the unreasonable disclosure of personal information about a third party.

 

13. RECORDS OR INFORMATION NOT FOUND

 

If, after all reasonable steps to locate a record have been taken, no record is found, then the Information Officer will notify the Requester, by way of an affirmation or affidavit that access to the requested and titled document cannot be provided. The affirmation or affidavit will include a detailed account of the steps taken to try to locate the record.

 

Should a record be found at a later stage, the Information Officer shall provide the Requester with access to such record, unless access to the record is refused on the grounds permitted by the Act (Part 3, Chapter 4).

 

14. OTHER INFORMATION UNDER SECTION 51(1)(F) OF THE ACT

 

The Minister of Justice and Constitutional Development has to date not made any regulations regarding disclosure of other information.

 

15. AVAILABILITY OF THE MANUAL AS CONTEMPLATED BY SECTION 51(3)

This Manual is available for inspection by the general public upon request, during office hours and free of charge, at the offices of ASGI. Copies of the Manual may be made, subject to the prescribed fees having been paid. Copies may also be requested from the South African Human Rights Commission. The Manual is also posted on ASGI’s website referred to above.

 

16. PRESCRIBED FORMS AND FEE STRUCTURE IN RESPECT OF PRIVATE BODIES AS CONTEMPLATED BY SECTION 53 AND 54 OF THE ACT

 

The forms and fee structure prescribed under the Act are available from the Government Gazette, or at the website of the Department of Justice and Constitutional Development (www.doj.gov.za), under the 'regulations' section as well as the SAHRC website (www.sahrc.org.za).