access request Archives

Section 18 | Form of requests

(1) A request for access must be made in the prescribed form to the information officer of the public body concerned at his or her address or fax number or electronic mail address.

(2) The form for a request of access prescribed for the purposes of subsection (1) must at least require the requester concerned –

(a) to provide sufficient particulars to enable an official of the public body concerned to identify –

(i) the record or records requested; and

(ii) the requester;

(b) to indicate which applicable form of access referred to in section 29(2) is required;

(d) to specify a postal address or fax number of the requester in the Republic;

(e) if, in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, to state that manner and the necessary particulars to be so informed; and

(f) if the request is made on behalf of a person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the information officer.

(3)

(a) An individual who because of illiteracy or a disability is unable to make a request for access to a record of a public body in accordance with subsection (1), may make that request orally.

(b) The information officer of that body must reduce that oral request to writing in the prescribed form and provide a copy thereof to the requester.

Section 19 | Duty to assist requesters

(1) If a requester informs the information officer of –

(a) a public body that he or she wishes to make a request for access to a record of that public body; or

(b) a public body (other than a public body referred to in paragraph (a) or (b)(i) of the definition of “public body” in section 1) that he or she wishes to make a request for access to a record of another public body,

the information officer must render such reasonable assistance, free of charge, as is necessary to enable that requester to comply with section 18(1).

(2) If a requester has made a request for access that does not comply with section 18(1), the information officer concerned may not refuse the request because of that non-compliance unless the information officer has –

(a) notified that requester of an intention to refuse the request and stated in the notice –

(i) the reasons for the contemplated refusal; and

(ii) that the information officer or another official identified by the information officer would assist that requester in order to make the request in a form that would remove the grounds for refusal;

(b) given the requester a reasonable opportunity to seek such assistance;

(c) as far as reasonably possible, furnished the requester with any information (including information about the records, other than information on the basis of which a request for access may or must be refused in terms of any provision of Chapter 4 of this Part, held by the body which are relevant to the request) that would assist the making of the request in that form; and

(d) given the requester a reasonable opportunity to confirm the request or alter it to comply with section 18(1).

(3) When computing any period referred to in section 25(1), the period commencing on the date on which notice is given in terms of subsection (2) and ending on the date on which the person confirms or alters the request for access concerned must be disregarded.

(4) If it is apparent on receipt of a request for access that it should have been made to another public body, the information officer of the public body concerned must –

(a) render such assistance as is necessary to enable the person to make the request, to the information officer of the appropriate public body; or

(b) transfer the request in accordance with section 20 to the last-mentioned information officer,

whichever will result in the request being dealt with earlier.

Section 20 | Transfer of requests

(1) If a request for access is made to the information officer of a public body in respect of which –

(a) the record is not in the possession or under the control of that body but is in the possession of another public body;

(b) the record’s subject matter is more closely connected with the functions of another public body than those of the public body of the information officer to whom the request is made; or

(c) the record contains commercial information contemplated in section 42 in which any other public body has a greater commercial interest,

the information officer to whom the request is made must as soon as reasonably possible, but in any event within 14 days after the request is received –

(i) transfer the request to the information officer of the other public body or, if there is in the case of paragraph (c) more than one other public body having a commercial interest, the other public body with the greatest commercial interest; and

(ii) if the public body of the information officer to whom the request is made is in possession of the record and considers it helpful to do so to enable the information officer of the other public body to deal with the request, send the record or a copy of the record to that information officer.

(2) If a request for access is made to the information officer of a public body in respect of which –

(a) the record is not in the possession or under the control of the public body of that information officer and the information officer does not know which public body has possession or control of the record;

(b) the record’s subject matter is not closely connected to the functions of the public body of that information officer and the information officer does not know whether the record is more closely connected with the functions of another public body than those of the public body of the information officer to whom the request is made; and

(i) was created by or for another public body; or

(ii) was not so created by or for any public body, but was received first by another public body,

the information officer to whom the request is made, must as soon as reasonably possible, but in any event within 14 days after the request is received, transfer the request to the information officer of the public body by or for which the record was created or which received it first, as the case may be.

(3) Subject to subsection (4), the information officer to whom a request for access is transferred, must give priority to that request in relation to other requests as if it were received by him or her on the date it was received by the information officer who transferred the request.

(4) If a request for access is transferred, any period referred to in section 25(1) must be computed from the date the request is received by the information officer to whom the request is transferred.

(5) Upon the transfer of a request for access, the information officer making the transfer must immediately notify the requester of –

(a) the transfer;

(b) the reasons for the transfer; and

Section 21 | Preservation of records until final decision on request

If the information officer of a public body has received a request for access to a record of the body, that information officer must take the steps that are reasonably necessary to preserve the record, without deleting any information contained in it, until the information officer has notified the requester concerned of his or her decision in terms of section 25 and –

(a) the periods for lodging an internal appeal, a complaint to the Information Regulator, an application with a court or an appeal against a decision of that court have expired; or

(b) that internal appeal, complaint to the Information Regulator, application or appeal against a decision of that court or other legal proceedings in connection with the request has been finally determined, whichever is the later.

Section 22 | Fees

(1) The information officer of a public body to whom a request for access is made, must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

[Section 22(1) substituted by section 110 (Schedule) of Act 4 of 2013]

(2) If—

(a) the search for a record of a public body in respect of which a request for access by a requester has been made; and

(b) the preparation of the record for disclosure (including any arrangements contemplated in section 29(2)(a) and (b)(i) and (ii)(aa)),

would, in the opinion of the information officer of the body, require more than the hours prescribed for this purpose for requesters, the information officer must by notice require the requester to pay as a deposit the prescribed portion (being not more than one third) of the access fee which would be payable if the request is granted.

[Section 22(2) substituted by section 110 (Schedule) of Act 4 of 2013]

(3) The notice referred to in subsection (1) or (2) must state—

(a) the amount of the deposit payable in terms of subsection (2), if applicable;

(b) that the requester may lodge an internal appeal, a complaint to the Information Regulator or an application with a court, as the case may be, against the tender or payment of the request fee in terms of subsection (1), or the tender or payment of a deposit in terms of subsection (2), as the case may be; and

(c) the procedure (including the period) for lodging the internal appeal, complaint to the Information Regulator or application, as the case may.

[Section 22(3) substituted by section 110 (Schedule) of Act 4 of 2013]

(4) If a deposit has been paid in respect of a request for access which is refused, the information officer concerned must repay the deposit to the requester.

(5) The information officer of a public body must withhold a record until the requester concerned has paid the applicable fees (if any).

(6) A requester whose request for access to a record of a public body has been granted must pay an access fee for reproduction and for search and preparation contemplated in subsection (7)(a) and (b), respectively, for any time reasonably required in excess of the prescribed hours to search for and prepare (including making any arrangements contemplated in section 29(2)(a) and (b)(i) and (ii)(aa)) the record for disclosure.

(7) Access fees prescribed for the purposes of subsection (6) must provide for a reasonable access fee for –

(a) the cost of making a copy of a record, or of a transcription of the content of a record, as contemplated in section 29(2)(a) and (b)(i), (ii)(bb), (iii) and (v) and, if applicable, the postal fee; and

(b) the time reasonably required to search for the record and prepare (including making any arrangements contemplated in section 29(2)(a) and (b)(i) and (ii)(aa)) the record for disclosure to the requester.

(8) The Minister may, by notice in the Gazette –

(a) exempt any person or category of persons from paying any fee referred to in this section;

(b) determine that any fee referred to in this section is not to exceed a certain maximum amount;

(d) determine that any fee referred to in this section does not apply to a category of records;

(e) exempt any person or record or category of persons or records for a stipulated period from any fee referred to in subsection (6); and

(f) determine that where the cost of collecting any fee referred to in this section exceeds the amount charged, such fee does not apply.

Section 24 | Deferral of access

If the information officer of a public body decides to grant a request for access to a record, but that record –
1. is to be published within 90 days after the receipt or transfer of the request or such further period as is reasonably necessary for printing and translating the record for the purpose of publishing it;
2. is required by law to be published but is yet to be published; or
3. has been prepared for submission to any legislature or a particular person but is yet to be submitted,
  the information officer may defer giving access to the record for a reasonable period.
If access to a record is deferred in terms of subsection (1), the information officer must notify the requester concerned –
1. that the requester may, within 30 days after that notice is given, make representations to the information officer why the record is required before such publication or submission; and
2. of the likely period for which access is to be deferred.
If a requester makes representations in terms of subsection (2)(a), the information officer must, after due consideration of those representations, grant the request for access only if there are reasonable grounds for believing that the requester will suffer substantial prejudice if access to the record is deferred for the likely period referred to in subsection (2)(b).

Section 25 | Decision on request and notice thereof

Except if the provisions regarding third party notification and intervention contemplated in Chapter 5 of this Part apply, the information officer to whom the request is made or transferred, must, as soon as reasonably possible, but in any event within 30 days, after the request is received –
1. decide in accordance with this Act whether to grant the request; and
2. notify the requester of the decision and, if the requester stated, as contemplated in section 18(2)(e), that he or she wishes to be informed of the decision in any other manner, inform him or her in that manner if it is reasonably possible.
If the request for access is granted, the notice in terms of subsection (1)(b) must state –
1. the access fee (if any) to be paid upon access;
2. the form in which access will be given; and
3. that the requester may lodge an internal appeal, a complaint to the Information Regulator or an application with a court, as the case may be, against the access fee to be paid or the form of access granted, and the procedure (including the period) for lodging the internal appeal, complaint to the Information Regulator or application, as the case may be.
If the request for access is refused, the notice in terms of subsection (1)(b) must-
1. state adequate reasons for the refusal, including the provisions of this Act relied upon;
2. exclude, from such reasons, any reference to the content of the record; and
3. state that the requester may lodge an internal appeal, complaint to the Information Regulator or an application with a court, as the case may be, against the refusal of the request, and the procedure (including the period) for lodging the internal appeal, complaint to the Information Regulator or application, as the case may be.

Section 26 | Extension of period to deal with request

The information officer to whom a request for access has been made or transferred, may extend the period of 30 days referred to in section 25(1) (in this section referred to as the “original period”) once for a further period of not more than 30 days, if –
1. the request is for a large number of records or requires a search through a large number of records and compliance with the original period would unreasonably interfere with the activities of the public body concerned;
2. the request requires a search for records in, or collection thereof from, an office of the public body not situated in the same town or city as the office of the information officer that cannot reasonably be completed within the original period;
3. consultation among divisions of the public body or with another public body is necessary or desirable to decide upon the request that cannot reasonably be completed within the original period;
4. more than one of the circumstances contemplated in paragraphs (a), (b) and (c) exist in respect of the request making compliance with the original period not reasonably possible; or
5. the requester consents in writing to such extension.
If a period is extended in terms of subsection (1), the information officer must, as soon as reasonably possible, but in any event within 30 days, after the request is received or transferred, notify the requester of that extension.
The notice in terms of subsection (2) must state –
1. the period of the extension;
2. adequate reasons for the extension, including the provisions of this Act relied upon; and
3. that the requester may lodge an internal appeal, complaint to the Information Regulator or an application with a court, as the case may be, against the extension, and the procedure (including the period) for lodging the internal appeal, complaint to the Information Regulator or application, as the case may be.

Section 28 | Severability

If a request for access is made to a record of a public body containing information which may or must be refused in terms of any provision of Chapter 4 of this Part, every part of the record which –
1. does not contain; and
2. can reasonably be severed from any part that contains,
  any such information must, despite any other provision of this Act, be disclosed.
If a request for access to –
1. a part of a record is granted; and
2. the other part of the record is refused,
  as contemplated in subsection (1), the provisions of section 25(2), apply to paragraph (a) of this subsection and the provisions of section 25(3) apply to paragraph (b) of this subsection.

Section 29 | Access and forms of access

1) If a requester has been given notice in terms of section 25(1) that his or her request for access has been granted, that requester must, subject to subsections (3) and (9) and section 31 –

a) if an access fee is payable, upon payment of that fee; or

b) if no access fee is payable, immediately,

be given access in the applicable forms referred to in subsection (2) as the requester indicated in the request, and in the language contemplated in section 31.

2) The forms of access to a record in respect of which a request of access has been granted, are the following:

a) If the record is in written or printed form, by supplying a copy of the record or by making arrangements for the inspection of the record;

b) if the record is not in written or printed form –

i) in the case of a record from which visual images or printed transcriptions of those images are capable of being reproduced by means of equipment which is ordinarily available to the public body concerned, by making arrangements to view those images or be supplied with copies or transcriptions of them;

ii) in the case of a record in which words or information are recorded in such manner that they are capable of being reproduced in the form of sound by equipment which is ordinarily available to the public body concerned –

aa) by making arrangements to hear those sounds; or

bb) if the public body is capable of producing a written or printed transcription of those sounds by the use of equipment which is ordinarily available to it, by supplying such a transcription;

iii) in the case of a record which is held on computer, or in electronic or machine-readable form, and from which the public body concerned is capable of producing a printed copy of –

aa) the record, or a part of it; or

bb) information derived from the record,

by using computer equipment and expertise ordinarily available to the public body, by supplying such a copy;

iv) in the case of a record available or capable of being made available in computer readable form, by supplying a copy in that form; or

v) in any other case, by supplying a copy of the record.

3) If a requester has requested access in a particular form, access must, subject to section 28, be given in that form, unless to do so would –

a) interfere unreasonably with the effective administration of the public body concerned;

b) be detrimental to the preservation of the record; or

c) amount to an infringement of copyright not owned by the State or the public body concerned.

4) If a requester has requested access in a particular form and for a reason referred to in subsection (3) access in that form is refused but access is given in another form, the fee charged may not exceed what would have been charged if that requester had been given access in the form requested.

5) If a requester with a disability is prevented by that disability from reading, viewing or listening to the record concerned in the form in which it is held by the public body concerned, the information officer of the body must, if that requester so requests, take reasonable steps to make the record available in a form in which it is capable of being read, viewed or heard by the requester.

6) If a record is made available in accordance with subsection (5), the requester may not be required to pay an access fee which is more than the fee which he or she would have been required to pay but for the disability.

7) If a record is made available in terms of this section to a requester for inspection, viewing or hearing, the requester may make copies of or transcribe the record using the requester’s equipment, unless to do so would –

a) interfere unreasonably with the effective administration of the public body concerned;

b) be detrimental to the preservation of the record; or

c) amount to an infringement of copyright not owned by the State or the public body concerned.

8) If the supply to a requester of a copy of a record is required by this section, the copy must, if so requested, be supplied by posting it to him or her.

9) If an internal appeal, complaint to the Information Regulator or an application to a court, as the case may be, is lodged against the granting of a request for access to a record, access to the record may be given only when the decision to grant the request is finally confirmed.