complaint Archives

Section 10 | Guide on how to use Act

(1) The Information Regulator must update and make available the existing guide that has been compiled by the South African Human Rights Commission containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in this Act and the Protection of Personal Information Act, 2013.

(2) The guide must, without limiting the generality of subsection (1), include a description of—

(a) the objects of this Act and the Protection of Personal Information Act, 2013;

(b) the manner and form of a request for—

(i) access to a record of a public body contemplated in section 11; and
(ii) access to a record of a private body contemplated in section 50;

(c) the assistance available from the information officer of a public body in terms of this Act and the Protection of Personal Information Act, 2013;

(d) the assistance available from the Information Regulator in terms of this Act and the Protection of Personal Information Act, 2013;

(e) all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act and the Protection of Personal Information Act, 2013, including the manner of lodging—

(i) an internal appeal;
(ii) a complaint to the Information Regulator; and
(iii) an application with a court against a decision by the information officer of a public body, a decision on internal appeal, a decision by the Information Regulator or a decision of the head of a private body;

(f) the provisions of sections 14 and 51 requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;

(g) the provisions of sections 15 and 52 providing for the voluntary disclosure of categories of records by a public body and private body, respectively;

(h) the notices issued in terms of sections 22 and 54 regarding fees to be paid in relation to requests for access; and

(i) the regulations made in terms of section 92.

(3) The Information Regulator must, if necessary, update and publish the guide at intervals of not more than two years.

(4) The guide must be made available as prescribed.

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 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.