Section 4 | Records held by official or independent contractor of public or private body

For the purposes of this Act, but subject to section 12, a record in the possession or under the control of – 

(a) an official of a public body or private body in his or her capacity as such; or
(b) an independent contractor engaged by a public body or private body in the capacity as such contractor, 

is regarded as being a record of that public body or private body, respectively. 

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 11 | Right of access to records of public bodies

(1) A requester must be given access to a record of a public body if – 

(a) that requester complies with all the procedural requirements in this Act relating to a request for access to that record; and
(b) access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part. 

(2) A request contemplated in subsection (1) excludes a request for access to a record containing personal information about the requester. 

(3) A requester’s right of access contemplated in subsection (1) is, subject to this Act, not affected by – 

(a) any reasons the requester gives for requesting access; or
(b) the information officer’s belief as to what the requester’s reasons are for requesting access.