PAIA MANUAL | ADAMS & ADAMS

Manual: PROMOTION OF ACCESS TO INFORMATION ACT

Approved by:

Date Approved:_________

Date Revised: N/A

_________________________________

CHAIRMAN - GM du Plessis

of 14

Version 1

ADAMS & ADAMS

PROMOTION OF ACCESS TO INFORMATION ACT MANUAL

compiled in accordance with the requirements of Section 51 of the

Promotion of Access to Information Act

Act No. 2 of 2000 (“the Act”)

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INDEX

1. ....................................................................................INTERPRETATION TO THIS MANUAL

2. .....................................................................................................................INTRODUCTION

3. ..........................................................CONTACT DETAILS IN TERMS OF SECTION 51 (1) (a)

4. .......................................SECTION 10 GUIDE TO THE ACT IN TERMS OF SECTION 51 (1) (b)

5. ................................................. SECTION 51(1)(c) NOTICE(S) IN TERMS OF SECTION 52 (2)

6. ...........................RECORDS OF THE FIRM WHICH ARE AVAILABLE IN ACCORDANCE WITH

ANY OTHER LEGISLATION IN TERMS OF SECTION 51(1)(d)

7. ............SECTION 51(1)(e) REQUEST PROCEDURE FOR ACCESS TO RECORDS OF THE FIRM

8. .............................................................................FEE SCHEDULE IN TERMS OF SECTION 54

9. .............................OTHER INFORMATION AS MAY BE PRESCRIBED IN TERMS OF THE ACT

10. ..........................................................................................................................ANNEXURES

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1. INTERPRETATION TO THIS MANUAL

Adams & Adams is defined as a private body in terms of the Act.

In this manual, unless the context indicates a contrary intention, the following words

and expressions shall bear the meanings assigned to them hereunder and cognate

words and expressions shall bear corresponding meanings:

Chairman the Head of the Firm;

Information Officer the Chief Operating Officer;

Constitution The Constitution of the Republic of South Africa,1996;

Requester Any person or entity requesting access to a record held by

Adams & Adams;

SAHRC the South African Human Rights Commission;

Section 10 Guide the guide compiled by the South African Human Rights

Commission in terms of section 10 of the Promotion of Access

to Information Act No 2 of 2000;

The Act The Promotion of Access to Information Act No 2 of 2000, as

amended and its accompanying regulations;

The Firm Adams & Adams;

The Minister The Minister of Justice and Correctional Services.

Reference to any information in this manual in addition to that specifically required in

terms of Section 51 of the Act does not create any right or entitlement to receive such

information, other than in terms of the Act.

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2. INTRODUCTION

Adams & Adams is a leading South African law firm specialising in intellectual property

law and general commercial, property and litigation legal services.

Adams & Adams currently has sixty eight partners supported by a professional

complement of over one hundred and thirty experienced attorneys and three hundred

and eighty five support staff. There are offices in South Africa (Pretoria,

Johannesburg Cape Town, Durban), Mozambique (ARIPO), Angola, Tanzania

(Zanzibar), Burundi, Lesotho, Swaziland, Botswana, Namibia and an OAPI office based

in Cameroon. Adams & Adams boasts a worldwide network of attorneys,

correspondents and associates, enabling the Firm to handle intellectual property and

legal matters in any country where this may be required.

The Firm is characterised by a strong commitment to professionalism, client care and

partner accessibility which form the cornerstones of the practice.

This manual has been compiled in fulfilment of the requirements of section 51(1) of

the Act.

3. CONTACT DETAILS IN TERMS OF SECTION 51 (1) (a)

Chairman: Gérard du Plessis

Information Officer: David Forbes

Postal Address: P O Box 1014

Pretoria

0001

South Africa

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Physical Address: Lynnwood Bridge Office Park

4 Daventry Street

Lynnwood Manor

Pretoria

South Africa

Docex: 81, Pretoria

Telephone: +27 (12) 432-6000

Fax: +27 (12) 432-6599

E-mail: [email protected]

Website: www.adamsadams.com

4. SECTION 10 GUIDE TO THE ACT IN TERMS OF SECTION 51 (1) (b)

4.1 The Act grants a requester access to records of a private body, if the record is

required for the exercise or protection of any rights.

4.2 If a public body lodges a request for access to information with the Firm, the

public body must be acting in the public interest.

4.3 Requests in terms of the Act shall be made in accordance with the prescribed

procedures, at the rates provided and gazetted by the Minister from time to

time. The applicable forms and tariffs are specified in the Act.

4.4 Requesters are referred to the Section 10 Guide to the Act which has been

compiled by the SAHRC. The Section 10 Guide contains information that will

be of assistance to requesters for purposes of exercising their Constitutional

rights.

mailto:[email protected]

http://www.adamsadams.com/

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4.5 The Section 10 Guide is available from the SAHRC at the details below:

South African Human Rights Commission

Private Bag X2700

Houghton

2041

Telephone: +27 (11) 877-3600

Fax: +27 (11) 403-0625

Email: [email protected]

Website: www.sahrc.org.za

5. SECTION 51(1)(c) NOTICE(S) IN TERMS OF SECTION 52 (2)

The Firm has not yet submitted to the Minister any descriptions of categories of

records which are automatically available without having to request access in terms of

the Act. The Minister has accordingly not published any such descriptions in terms of

the provisions of section 52 (2) of the Act and all requests for access to information

should accordingly be made in accordance with the procedure set out in paragraph 7

of this manual.

Save for marketing and publicity material, all records held by the Firm are deemed to

be confidential and any request for access to information will be balanced against,

inter alia, the principles of legal professional privilege, attorney-client confidentiality,

and the limitations to the the right of access of information set out in section 36 of the

Constitution and sections 5 and 62 of the Act.

mailto:[email protected]

http://www.sahrc.org.za/

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6. RECORDS OF THE FIRM WHICH ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER

LEGISLATION IN TERMS OF SECTION 51(1)(d)

6.1. To the extent applicable, the Firm maintains such information and documents

as may be required in accordance with, inter alia, the following legislation:

No. Reference Act

1. No. 66 of 1965

Administration of Estates Act

2. No. 53 of 1979 Attorneys Act

3. No. 75 of 1997 Basic Conditions of Employment Act

4. No. 53 of 2003 Broad-Based Black Economic Empowerment Act

5. No. 71 of 2008 Companies Act

6. No. 130 of 1993 Compensation for Occupational Injuries and

Diseases Act

7. No. 68 of 2008 Consumer Protection Act

8. No. 98 of 1978 Copyright Act

9. No. 37 of 1997 Counterfeit Goods Act

10. No. 9 of 1933 Currency and Exchanges Act

11. No. 195 of 1993 Designs Act

12. No. 55 of 1998 Employment Equity Act

13. No. 25 of 2002 Electronic Communications and Transactions Act

14. No. 38 of 2001 Financial Intelligence Centre Act

15. No. 58 of 1962 Income Tax Act

16. No. 70 of 2002 Information Act

17. No. 28 of 2013 Intellectual Property Amendment Act

18. No. 24 of 1936 Insolvency Act

19. No. 66 of 1995 Labour Relations Act

20. No. 131 of 1998 Medical Schemes Act

21. No. 17 of 1941 Merchandise Marks Act

22. No. 34 of 2005 National Credit Act

23. No. 85 of 1993 Occupational Health and Safety Act

24. No. 57 of 1978 Patents Act

25. No. 24 of 1956 Pension Funds Act

26. No. 15 of 1976 Plant Breeders' Rights Act

27. No. 2 of 2000 Promotion of Access to

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Information Act

28. No. 62 of 1977 Registration of Copyright in Cinematograph Films

Act

29. No. 97 of 1998 Skills Development Act

30. No. 9 of 1999 Skills Development Levies Act

31. No. 77 of 1968 Stamp Duties Act

32. No. 38 of 1996 Tax on Retirement Funds Act

33. No. 194 of 1993 Trade Marks Act

34. No. 57 of 1988 Trust Property Control Act

35. No. 63 of 2001 Unemployment Insurance Act

36. No. 4 of 2002 Unemployment Insurance Contributions Act

37. No. 89 of 1991 Value Added Tax Act

6.2. Schedule of records held by the Firm

The following is a list of the subjects on which the Firm holds records and the

categories into which the stated subjects fall.

DEPARTMENT DESCRIPTION OF RECORDS HELD

MANAGEMENT Documents pertaining to the partnership and the

partners of Adams & Adams

Resolutions of the partners of Adams & Adams

Minutes of meetings of the partner of Adams & Adams

Minutes of meetings of committees and sub-committees

of Adams & Adams

FINANCE Financial records and tax records

Insurance records

Auditors’ reports

Banking records for business and trust accounts

MARKETING Firm publications

Marketing brochures

Firm and attorney profiles

HUMAN RESOURCES

Staff training material

List of employees

Correspondence relating to personnel

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Employment contracts

Personnel records including personal details, disciplinary

records, performance and internal evaluation records

Unemployment Insurance Fund contribution records

Payroll records

Health and safety records

Internal policies and procedures

Codes of conduct

Fidelity Fund certificates

ADMINISTRATION Supplier lists, agreements and details of suppliers

Asset registers

Operational documents

LEGAL SERVICES

Opinions/Advice to clients

Correspondence with clients

Records regarding legal matters

Correspondence with third parties and legal practitioners

LIBRARY Publications including books, journals, periodicals and

circulars

Government and Provincial Gazettes

Precedents of case law and legal documents

Other legal resources, including domestic and

international sources

INFORMATION TECHNOLOGY

Records relating to computer software used by Adams &

Adams, including software, licence, support and

maintenance agreements

MISCELLANEOUS Various types of correspondence

7. SECTION 51(1)(e) REQUEST PROCEDURE FOR ACCESS TO RECORDS OF THE FIRM

To enable the Firm to process a request for access to information, kindly complete the

prescribed form C, which is available on the website of the SAHRC at

www.sahrc.org.za.


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On the prescribed form C provide clear, sufficient and unambiguous details to enable

the Firm to ascertain;

7.1. The identity of the requester (If the requester is represented by an agent,

sufficient proof showing authority to represent the requester and the identity

of the agent);

7.2. The record/s requested;

7.3. The right which the requester is seeking to exercise or protect with an

explanation of the reason the record is required to exercise or protect the

right;

7.4. The form of access required;

7.5. If the requester wishes to be informed of the decision in any manner (in

addition to a written decision) the manner and particulars thereof; and

7.6. The postal address or fax number of the requester in the Republic.

7.7. The request for access to information must be clearly identified as such and

marked for the attention of the Information Officer.

7.8. The applicable Prescribed fee as set out in the regulations to the Act must

accompany the request for access to information.

7.9. The duly completed prescribed Form C must be delivered to the Firm. The

contact details of the Firm are provided in paragraph 3 of this manual.

7.10. Upon due lodgement of a request for access to information lodged with the

Firm, the Information Officer will consider the request and notify the requester

of his decision, within the time periods stipulated in the Act, stating clearly

whether the request is granted or refused and advising the requester of

external remedies which the requester may pursue to dispute the Information

Officer’s decision.

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8. FEE SCHEDULE IN TERMS OF SECTION 54

The following provisions will apply to all requests for access to information held by the

Firm save for personal requests which will not be subject to a fee:

8.1. A requestor must pay the prescribed fees (currently R50.00) before a request

will be processed;

8.2. Where the preparation of the record requested requires more than the

prescribed hours (currently 6 hours), a deposit shall be paid (of not more than

one third of the access fee which would be payable if the request were

granted);

8.3. A requestor may lodge an application with a competent court against the

tender/payment of the request fee and/or deposit;

8.4. The Firm may withhold access to a record under its control until the requisite

fees have been paid;

8.5. If a request for access to information is granted, an access fee must be paid

before such information is made available to the requester;

8.6. The prescribed fees payable for the records of a private body which are

granted access to, are set out in the schedule on the website of the SAHRC at

www.sahrc.org.za

9. OTHER INFORMATION AS MAY BE PRESCRIBED IN TERMS OF THE ACT

9.1. Information or records not found

Where the Firm has taken all reasonable steps to find a record but such

record is not found, or is found not to exist, the Firm will provide notification

of this to the requester in the form of a sworn affidavit.


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The sworn affidavit will provide a full account of all steps taken by the Firm to

find the record or to determine the existence thereof.

If the requested record is later found by the Firm, the requester shall be

notified and furnished with the requested document in the manner stipulated

by the requester in the request for access to information previously lodged by

the requester (this will apply to instances where the Firm does not object to

disclosing the requested information).

Where the requested record is later found, but the Information Officer

objects to disclosing the record to the requester, the Firm shall notify the

requester of the Firm’s decision and advise the requester of external appeal

remedies available to dispute the refusal of access to information.

9.2. Information requested about a third party

Where any information relating to a third party is requested from the Firm by

a requester, the Firm will notify the third party of the request.

The third party will have an opportunity to grant his, her or its consent to the

disclosure of the record or to make representations as to why the requested

record should not be disclosed to the requester.

Where the Firm decides to grant access to the record, it will notify all affected

third parties who will be entitled to approach a competent court by way of

application in relation to such decision.

9.3. This manual is available for inspection at the offices of Adams & Adams.

Copies of this manual may be obtained by request at the prescribed fees from

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Adams & Adams or alternatively the manual can be accessed on the Firm’s

website www.adamsadams.com and The South African Human Rights

Commission website www.sahrc.org.za.

9.4. Remedies available to a requester upon refusal of access

9.4.1. Internal remedies

The Firm does not have any internal appeal procedures that may be followed

after a request for access information has been refused. As such, the decision

made by the Information Officer is final and requestors will have to exercise

such external remedies at their disposal if the request for information is

refused and the requestor is not satisfied with the answer supplied.

9.4.2. External remedies

A requester that is dissatisfied with the Information Officer’s decision may,

within 30 days of notification of the decision, apply to a competent court for

relief.

Likewise, a third party dissatisfied with the Information Officer’s decision

may, within 30 days of notification of the decision, apply to a competent

court for relief.

For purposes of the Act, the courts that have jurisdiction over these

applications are the Constitutional Court, the High Court or another court

with similar status.

http://www.adamsadams.com/


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10. ANNEXURES

10.1. Prescribed Form C

10.2. Prescribed Fee Schedule

This Manual may be updated and amended from time to time as necessary and the

latest version will be publicised in the manner prescribed by the Act.

Version 1

Last updated: 22 December 2015

J752

REPUBLIC OF SOUTH AFRICA

FORM C 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 10]

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 given below. (b) The address and/or fax number in the Republic to which the information is to be sent must be given. (c) Proof of the capacity in which the request is made, if applicable, must be attached.

Full names and surname: …………………………………………………………………………………………………………

Identity number:

Postal address: …………………………………………………………………………………………………………

Telephone number: (………) ………………………….….. Fax 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:

FORM C: REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY

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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 for exemption.

Reason for exemption from payment of fees: …………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………….. ……………………………………………………………………………………………………………………………………………..


3

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 below, 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) Compliance with your request for access in the specified form may depend 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? Postage 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 record requested is required for the exercise or protection of the aforementioned right: …………………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………………….. ……………………………………………………………………………………………………………………………………………..


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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 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 ………………………………year ……….

……………………………………………………………… SIGNATURE OF REQUESTER / PERSON ON WHOSE BEHALF REQUEST IS MADE

Government Gazette

REPUBLIC OF SOUTH AFRICA

Regulation Gazette No. 7278

Vol. 440 Pretoria 15 February 2002 No. 23119

AIDS HELPLINE: 0800-123-22 Prevention is the cure

STAATSKOERANT. 15 FEBRUARIE 2002 No. 23119 5

GOVERNMENT NOTICE GOEWERMENTSKENNISGEWING

DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT DEPARTEMENT VAN JUSTlSlE EN STAATKUNDIGE ONTWIKKELING

No. R. 187 15 February 2002

PROMOTION OF ACCESS TO INFORMATION ACT, 2000 REGULATIONS REGARDING 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

CHAPTER 1

GENERAL PROVISIONS

Definition

1. In these Regulations any word or expression to which a meaning has been

assigned in the Act bears that meaning and, unless the context otherwise indicates - "the Act" means the Promotion of Access to information Act, 2000 (Act No. 2 of

2000).

6 No. 23119 GOVERNMENT GAZETTE, 15 FEBRUARY 2002

Availability of guide

2.(1) The Human Rights Commission must, as soon as possible after the guide has

been compiled in terms of section 1 O(1) or updated in terms of section 1 O(3) of the Act-

make available a copy of the guide, in each official language - (i) to the head of the national department responsible for Government

communications and information services;

(ii) to every place of legal deposit as defined in section 6 of the Legal

Deposit Act, 1997 (Act No. 54 of 1997), and every tertiary

education institution established by or under any law; and

(iii) upon request, to the head of a private body; make available, in each official language - (i) to the information officers of public bodies such number of copies

of the guide as the information officer concerned has indicated in

order to comply with regulation 3(1) or (2); and

(ii) to the Director-General: Communications such number of copies of the guide as the Director-General has indicated in order to

comply with regulation 3(3); publish the guide in each official language in the Gazette;

make available a copy of the guide in each official language for public inspection during office hours at the offices of the Human Rights

Commission; and make available the guide on the website of the Human Rights

Commission.

(2) The Human Rights Commission may, on request, make available to the persons

and the institutions referred to in subregulation (l)(a) additional copies of the guide in the official languages requested.

(3) (a) Subject to paragraph (b), the Human Rights Commission may not charge any fee

for a copy of the guide made available in terms of subregulation (1) or (2) or for

inspection of a copy of the guide in terms of subregulation (l)(d).

(b) In respect of a copy of the guide made available in a manner other than that

contemplated in paragraph (a), the Human Rights Commission may charge the fee

prescribed in Item 1 of Part I of Annexure A.

STAATSKOERANT, 15 FEBRUARIE 2002 No. 23119 7

3.(1) The information officer of the Department of Justice and Constitutional

Development must, within 30 days after receipt of the copies of the guide in terms of

regulation 2(l)(b)(i), provide - (a) every Magistrate's Office with at least one copy of the guide in each

official language; and

(b) all other offices of the Department of Justice and Constitutional

Development with at least one copy of the guide in each of the official

languages used for the purposes of government as contemplated in

section 6(3) of the Constitution by the province in which such office is

located: Provided that a copy of the guide must be so provided in at least

two of the official languages.

(2) The information officer of a public body must, within 30 days after receipt of the

copies of the guide in terms of regulation 2(l)(b)(i), provide every office of that public body with at least one copy of the guide in each of the official languages used for the

purposes of government as contemplated in section 6(3) of the Constitution by the .

provime in which such office is located: Provided that a copy of the guide must be so

provided in at least two of the official languages.

(3) The Director-General: Communications must, within 30 days after receipt of the

copies of the guide in terms of regulation 2(l)(b)(ii), provide every post office, as

defined in section 1 of the Postal Services Act, 1998 (Act No. 124 of 1998), with at least

one copy of the guide in each of the official languages used for the purposes of

government as contemplated in section 6(3) of the Constitution by the province in which

such post office is located: Provided that a copy of the guide must be so provided in at

least two of the official languages.

(4) The head of an office referred to in subregulations (1) and (2) and the person in

charge of a post office referred to in subregulation (3) - (a) must, during office hours and upon request, make available for public

inspection a copy of the guide in the official languages available;

(b) may not charge a fee for a public inspection referred to in paragraph (a); and

!


(c) may, in respect of a copy of the guide or part thereof made available in

a manner other than that contemplated in paragraph (a), charge the fee

prescribed in Item 1 of Part I of Annexure A.

CHAPTER 2

ACCESS TO RECORDS OF PUBLIC BODIES

Availability of manual: Public body 4.(1) The information officer of a public body must, immediately after the manual has

been compiled in terms of section 14(1) or updated in terms of section 14(2) of the Act - (a) make available a copy of the manual in each of the three official

languages in which the manual is compiled to - (i) every place of legal deposit as defined in section 6 of the Legal

Deposit Act, 1997;

(ii) the Human Rights Commission; and

(iii) 'every office of that public body;

(b) publish the manual in three of the official languages in the Gazette; and

(c) make available the manual on the website, if any, of the public body.

(2) The information officer of a public body, may, on request, make available to the

institutions referred to in subregulation (l)(a) additional copies of the manual in the

official language requested.

(3) The information officer of a public body may not charge any fee for a copy of the

manual made available in terms of subregulation (1) or (2).

5. The Human Rights Commission and the head of an office referred to in

regulation 4(1)(a)(iii) -

(a) must, during office hours and upon request, make available for public

inspection copies of the manual in all the official languages available;

(b) may not charge a fee for a public inspection referred to in paragraph (a);

and /


(c) may, in respect of a copy of the manual or part thereof made available in

a manner other than that contemplated in paragraph (a), charge the fee

prescribed in Item 1 of Part II of Annexure A.

Form of request

6. A request for access to a record as contemplated in section 18(1) of the Act must . substantially correspond with Form A of Annexure 8.

Fees for records of public body

7.(1) The fees for reproduction referred to in section 15(3) of the Act are prescribed in Item 2 of Part II of Annexure A.

(2) The request fee payable by every requester, other than a personal requester,

referred to in section 22(1) of the Act is prescribed in Item 3 of Part I1 of Annexure A.

(3) The access fees payable by a requester referred to in section 22(7), unless exempted under section 22(8), of the Act are prescribed in Item 4 of Part II of Annexure

A.

Notice of internal appeal

8. Notice of an internal appeal as contemplated in section 75(1) of the Act must

substantially correspond with Form 6 of Annexure 8.

CHAPTER 3

ACCESS TO RECORDS OF PRIVATE BODIES

Availability of manual: Private body

9.(1) The head of a private body must, immediately after the manual has been

compiled in terms of section 51 (1) or updated in terms of section 51 (2) of the Act - (a) make available a copy of the manual to -

(i) the Human Rights Commission; and

(ii) the controtling body of which that private body is a member, if

applicable;

(b) publish the manual in the Gazette; and

(c) make available the manual on the website, if any, of the private body.


(2) The head of a private body - (a) must, during office hours and upon request, make available for public

inspection a copy of the manual;

(b) may not charge a fee for a public inspection referred to in paragraph (a);

and

(c) may, in respect of a copy of the manual or part thereof made available in

a manner other than that contemplated in paragraph(a), charge the fee

prescribed in item 1 of Part 111 of Annexure A.

Form of request

10. A request for access to a record as contemplated in section 53(1) of the Act must

substantially correspond with Form C of Annexure 8.

Fees for records of private body

11 .(1) The fees for reproduction referred to in section 52(3) of the Act are prescribed .

in Item 2 of Part Ill of Annexure A.

(2) The request fee payable by a requester, other than a personal requester,

referred to in section 54(1) of the Act is prescribed in Item 3 of Part Ill of Annexure A.

(3) The access fees payable by a requester referred to in section 54(7), unless

exempted under section 54(8), of the Act are prescribed in Item 4 of Part Ill of

Annexure A.

CHAPTER 4

REPEAL AND COMMENCEMENT

Repeal

12. The regulations published under Government Notice No. R. 223 of 9 March 2001

are hereby repealed.

Commencement

13. These regulations come into operation on 15 February 2002.


ANNEXURE A

GENERAL: VALUE-ADDED TAX 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 this Annexure.

PART I

FEES IN RESPECT OF GUIDE

1.

1.

2.

The fee for a copy of the guide as contemplated in regulations 2(3)(b) and 3(4)(c) is R0,60 for every photocopy of an A4-size page or part thereof.

PART II

FEES IN RESPECT OF PUBLIC BODIES

The fee for a copy of the manual as contemplated in regulation 5(c) is R0,60 for .

every photocopy of an ACsize page or part thereof.

The fees for reproduction referred to in regulation 7(1) are as follows:

For every photocopy of an A4size page or part thereof

For every printed copy of an A4-site page or part

thereof held on a computer or in electronic or machine-

readable form

For a copy in a computer-readable form on - (i) stiffy disc

(ii) compact disc

(i) For a transcription of visual images,

for an A4-size page or part thereof

(ii) For a copy of visual images

(i) For a transcription of an audio record,

for an A4-size page or part thereof

(ii) For a copy of an audio record

R

0,60

0,40

5,OO

40 , 00

22,oo

60,OO

12,oo

17,OO


3. The request fee payable by every requester, other than a personal requester, referred to in regulation 7(2) is R35,OO.

4. The access fees payable by a requester referred to in regulation 7(3) are as follows:

R

(l)(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,OO

(ii) compact disc 40,OO

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

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

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

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


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

(f) To search for and prepare the record for disclosure, R15,OO for each hour

or part of an hour, excluding the first hour, reasonably required for such

search and preparation.

(2) 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.

(3) The actual postage is payable when a copy of a record must be. posted to a requester.

~~ -

STAATSKOERANT, 15 FEBRUARIE 2002 No. 231 19 13

1.

2.

3.

4.

PART 111

FEES IN RESPECT OF PRIVATE BODIES

The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,lO

for every photocopy of an A4-size page or part thereof.

The fees for reproduction referred to in regulation 11 (1) are as follows:

R

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

part thereof 1 , l o (b) For every printed copy of an A4-size page or part


readable form 0,75

(c) For a copy in a computer-readable form on - (i) stiffy disc 7,50


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

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

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

for an A6size page or part thereof 20,oo


The request fee payable by a requester, other than a personal requester,

referred to in regulation 1 l(2) is R50,OO.

The access fees payable by a requester referred to in regulation 11 (3) are as

follows:

R (1 )(a) For every photocopy of an A4-size page or

part thereof 1,lO

(b) For every printed copy of an Adsize page or part


readable form 0,75

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

002056368

14 No. 23119 GOVERNMENT GAZElTE, 15 FEBRUARY 2002

(i) stiffy disc 7,50


(i) For a transcription of visual images,

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

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

(i) For a transcription of an audio record,



To search for and prepare the record for disclosure, R30,OO for each hour

or part of an hour reasonably required for such search and preparation.

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.

The actual postage is payable when a copy of a record must be posted

to a requester.


ANNEXURE B

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 61

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/DEPUTYlNFORMATlON OFFICER

A. Particulars of public body

The Information OfficerIDeputy Information Officer:

6. Particulars of person requesting access to the record

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

(6) The address and/or fax number in the Republic to which the information is to be sent, must be given.

(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:



~~ ~

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


Identity number:



(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 ail 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 f e e 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

for exemption.

Reason for exemption from payment of fees:


F. Form of access to record

\

you are prevented by a disability to read, view or listen to the record in the form of

xess provided for in 1 to 4 below, state your disabiljty and indicate in which form the

?cord is required.

3sability: I Form in which record is required: .

Mark the appropriate box with an X.

NOTES:

(a) Compliance with your request for access in the specified form may depend

on the form in which the record is available.

(6) 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 patfly by

the form in which access is reauested.


copy of record* I

transcription of copy of the images* view the images

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

inspection of record

2. If record consists of visual images -

the images*

3. If record consists of recorded words or information which can be renroduced in sound:

~ ~~~ ~ ~~~ ~~~

listen to the

cassette) (written or printed document) soundtrack (audio transcription of soundtrace

4. ' If record Is held on computer or in an electronic or machine-readable form:

printed copy of

(stiffy or compact from the record* readable form* information derived record* copy in computer printed copy of

disc)


*If you requested a copy or transcription of a record (above), do

In which language would you prefer the record?

granted in the language in which the record is available.

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

Postage is payable.

you wish the copy or transcription to be posted to. you?

NO YES

I I

G. Notice of decision regarding request for access

You will be notified in writing whether your request has been approveddenied. If

you wish to be informed 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

NOTICE OF INTERNAL APPEAL

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

[Regulation 81

STATE YOUR REFERENCE

NUMBER:

A. Particulars of public body

The Information Officer/Deputy Information Officer:

B. Particulars of requesterlthird party who lodges the internal appeal

(a) The particulars of the person who lodge the internal appeai must be given

below.

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

attached.

(c) If the appellant is a thirdperson and not the person who originally requested

the information, the particulars of the requester must be given at C below.


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)

lodges the internal appeal.


Identity number:

D. The decision against which the internal appeal Os 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 prescribed in terms of section 22 of the Act

Decision regarding the extension of the period within which the 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

requested by the requester

Decision to grant request for access

E. Grounds for appeal

~~ ~

I f 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 on which the internal appeal is based:

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

22 No. 231 19 GOVERNMENT GAZETTE, 15 FEBRUARY 2002

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 in another manner, please specify the manner and provide the

necessary particulars to enable compliance with your request.

State the manner:

Particulars of manner:


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 OfficerWdeputy information

officer's decision and, where applicable, the particulars of any third party to whom or

which the record relates, submitted by the information officeddeputy information

officer on (date) to the relevant authority.

OUTCOME OF APPEAL:

DECISION OF INFORMATION OFFICEWDEPUTY INFORMATION OFFICER

CONFIRMED/NEW DECISION SUBSTITUTED

NEW DECISION:

DATE RELEVANT AUTHORITY

RECEIVED BY THE INFORMATION OFFlCERlDEPUTY INFORMATION OFFICER FROM THE RELEVANT AUTHORITY ON (date):


FORM C

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 I O ]

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

given below.

(b) The address and/or fax number in the Republic to which the information is to

be sent must be given.

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

attached.


Identity number:

Postal address:

Fax number:

Telephone number: E-mail address:




This section must be completed ONLY if a request for information is made on behalf

of another person.


identity number:


(a) Provide full particulars of the record to which access is requested, including

the reference number if that is known fo you, to enable the record to be

located.

(6) 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.

I

(b) You will be notified of the amount required to be paid as the reguest 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) //you qualify for exemption of the payment of any fee, please state the reason for exemption.

L

Reason for exemption from payment of fees:

F. Form of access to record

1 If you are prevented by a disability to read, view or listen to the record in the form 04 mess provided for in 1 to 4 hereunder, state your disability and indicate in which form

le record is required.

Disability:

L

Form in which record is required:

.J

Mark the appropriate box with an X.

NOTES:

(a) Compliance with your request in the specified form may depend 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.


copy of record* I inspection of record

i


2. If record consists of visual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.):

view the images transcription of copy of the images* the images*

3. If record consists of recorded words or Information which can be reproduced in sound:

listen to the transcription of soundtrack* soundtrack (audio cassette)

(written or printed document) .

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

~ ~ ~~~ ~-

printed copy of printed copy of

(stiffy or compact from the record* readable form* information derived record* copy in computer

~~~ ~

: disc) *If you requested a copy or transcription of a record (above), do

Postage is payable.

you wish the copy or transcription to be posted to you? NO YES

G. Particulars of right to be exercised or protected

I f the provided space is inadequate, please continue on a separate folio and attach

it to this form. The requester must sign all the additlonal folios.

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

2. Explain why the record requested is required for the exercise 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 approve&denied. If

you wish to be informed in another manner, please specify the manner andprovide

the necessary particulars to enable compliance with your request. I How would you prefer to be informed of the decision regarding your request for access to the record?


SIGNATURE OF REQUESTER / PERSON ON WHOSE BEHALF REQUEST IS MADE

PAIA MANUAL | ADAMS & ADAMS

Law

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