This document is Adams & Adams' Promotion of Access to Information Act (PAIA) manual. It provides details about the firm such as contact information for submitting access to information requests, descriptions of the types of records held, and procedures for requesting access. The manual was compiled to comply with South Africa's PAIA, which gives citizens the right to request information from private bodies like law firms.
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PAIA MANUAL | ADAMS & ADAMS
1. Manual: PROMOTION OF ACCESS TO INFORMATION ACT
Approved by:
Date Approved:_________
Date Revised: N/A
_________________________________
CHAIRMAN - GM du Plessis
Page 1 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”)
2. 2
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
3. 3
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.
4. 4
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
5. 5
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: dave.forbes@adamsadams.com
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.
6. 6
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: PAIA@sahrc.org.za
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.
7. 7
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
8. 8
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
9. 9
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.
10. 10
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.
11. 11
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.
12. 12
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
13. 13
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.
14. 14
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
15. 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:
16. FORM C: REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
2
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:
……………………………………………………………………………………………………………………………………………..
……………………………………………………………………………………………………………………………………………..
……………………………………………………………………………………………………………………………………………..
……………………………………………………………………………………………………………………………………………..
……………………………………………………………………………………………………………………………………………..
17. FORM C: REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
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:
……………………………………………………………………………………………………………………………………………..
……………………………………………………………………………………………………………………………………………..
……………………………………………………………………………………………………………………………………………..
18. FORM C: REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
4
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
19. 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
20. 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
PROMOTIONOF ACCESS TO INFORMATIONACT, 2000
REGULATIONS REGARDINGTHE PROMOTIONOF ACCESS TO
INFORMATION
The Minister for Justice and Constitutional Development has, under section92 of the '
Promotionof Accessto Information Act,2000 (ActNo.2 of 2000),made the regulations
in the Schedule.
SCHEDULE
CHAPTER 1
GENERALPROVISIONS
Definition
1. IntheseRegulationsanywordorexpression to whichameaninghasbeen
assigned in the Act bears that meaning and, unless the context otherwise indicates-
"the Act" means the Promotionof Access to information Act,2000 (Act No.2 of
2000).
21. 6 No. 23119 GOVERNMENT GAZETTE, 15 FEBRUARY 2002
Availabilityof guide
2.(1) The Human Rights Commission must, as soon as possible after the guide has
been compiled in termsof section1O(1) or updatedinterms ofsection 1O(3)of the Act-
make availablea copy of the guide,in each official language -
(i) tothe headofthe national department responsible for Government
communications and information services;
(ii) to every placeof legal depositas definedin section 6 of the Legal
DepositAct, 1997 (Act No. 54 of 1997), and everytertiary
education institution establishedby or under any law; and
(iii) uponrequest, to theheadof aprivate body;
make available, in each official language-
(i)totheinformationofficersofpublicbodiessuchnumber of copies
of the guide as the information officer concerned has indicatedin
order to comply with regulation3(1) or (2); and
(ii) totheDirector-General:Communicationssuchnumber of copies
of theguideastheDirector-Generalhasindicatedinorderto
comply with regulation3(3);
publish the guide in each official languagein the Gazette;
make available a copy of the guide in each official language for public
inspectionduringofficehoursattheoffices oftheHumanRights
Commission; and
makeavailabletheguideonthewebsiteoftheHumanRights
Commission.
(2) The Human Rights Commission may, on request, make available to the persons
and the institutions referredto in subregulation (l)(a)additional copiesof the guide in
the official languages requested.
(3) (a) Subjecttoparagraph(b),the Human Rights Commission may not charge any fee
for a copy of theguidemadeavailableinterms of subregulation (1) or (2) or for
inspection of a copy of the guidein 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.
22. STAATSKOERANT, 15 FEBRUARIE 2002 No. 23119 7
3.(1)TheinformationofficeroftheDepartment ofJustice andConstitutional
Development must, within30 days after receipt of the copies of the guidein terms of
regulation2(l)(b)(i), provide-
(a)everyMagistrate'sOfficewith at leastonecopyoftheguideineach
official language; and
(b)allotheroffices of theDepartment of JusticeandConstitutional
Development with at least one copyof the guide in each of the official
languagesusedforthepurposes of governmentascontemplatedin
section 6(3) of the Constitution by the province in which such office is
located: Provided that a copyofthe guide must beso providedin at least
two ofthe official languages.
(2) The information officerof a public body must, within30 days after receipt of the
copies of the guide in terms of regulation2(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 governmentascontemplated in section 6(3)oftheConstitutionbythe .
provime in which such officeis located: Provided that a copy of the guide must beso
providedin at leasttwo of the official languages.
(3) The Director-General: Communications must, within 30 days after receiptof the
copies of theguide in terms of regulation 2(l)(b)(ii), provideeverypost office, as
definedinsection 1of the Postal Services Act, 1998 (ActNo. 124of 1998), with at least
onecopy of theguide in eachoftheofficiallanguagesusedforthepurposes of
government as contemplated in section 6(3) oftheConstitution by the province in which
such post officeis located: Provided that a copy of the guide mustbe so providedin at
least two of the official languages.
(4) The headofan officereferred toinsubregulations(1) and (2)and the personin
charge of a post office referred to in subregulation(3) -
(a)must,duringofficehoursanduponrequest,makeavailableforpublic
inspection a copy of the guideinthe official languages available;
(b) may not charge afee for a public inspection referredto in paragraph (a);
and
!
23. 8 No. 23119 GOVERNMENT GAZETTE, 15 FEBRUARY 2002
(c) may, in respect of a copy of the guide or part thereof made available in
a manner other than that contemplatedin paragraph (a), charge the fee
prescribedin Item 1 of Part Iof AnnexureA.
CHAPTER 2
ACCESS TO RECORDSOF PUBLIC BODIES
Availability of manual: Public body
4.(1) The information officerof a public body must, immediately after the manual has
been compiled in termsof section 14(1) or updated in terms of section14(2)of the Act-
(a)makeavailable a copy of themanual in each of thethreeofficial
languages in which the manualis compiled to-
(i)everyplace of legaldepositasdefinedinsection 6 of theLegal
Deposit Act, 1997;
(ii)theHumanRightsCommission;and
(iii) 'everyoffice of thatpublicbody;
(b) publishthemanual in three of the official languages in the Gazette; and
(c)makeavailablethemanual on thewebsite, if any, of thepublicbody.
(2) The information officerof 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 officerof a public body may not charge any fee for a copyof the
manual made availablein terms of subregulation (1) or(2).
5. The HumanRightsCommissionandthehead of anoffice referred to in
regulation 4(1)(a)(iii)-
(a)must,duringofficehoursanduponrequest,makeavailableforpublic
inspection copiesof the manualin all the official languages available;
(b) may not charge a fee for a public inspection referredto in paragraph (a);
and
/
24. STAATSKOERANT,15 FEBRUARIE 2002 No.23119 9
(c) may, in respectof a copy of the manual or part thereof made availablein
a manner other than that contemplatedin paragraph (a), charge the fee
prescribedin Item 1 of PartII of Annexure A.
Formof request
6. A requestforaccess toa recordascontemplatedinsection 18(1)of theAct must
. substantially correspond with FormA of Annexure 8.
Feesfor records of public body
7.(1) The fees for reproduction referredto in section 15(3)of the Act are prescribed
in Item2 of Part IIof Annexure A.
(2) Therequest fee payablebyeveryrequester,otherthan a personalrequester,
referredto in section 22(1)of the Act is prescribed in Item 3 of Part I1of Annexure A.
(3) The accessfeespayablebyarequesterreferredto in section 22(7),unless
exempted under section 22(8),of the Act are prescribedin Item4 of Part IIof Annexure
A.
Noticeof internal appeal
8. Notice of aninternalappealascontemplated in section 75(1) of theActmust
substantially correspond with Form6 of Annexure 8.
CHAPTER 3
ACCESS TO RECORDSOF PRIVATEBODIES
Availabilityof manual: Private body
9.(1) Thehead of aprivatebodymust,immediatelyafterthemanualhasbeen
compiled in terms of section 51(1) or updated in terms of section 51(2) of the Act -
(a) make availableacopyofthemanualto -
(i) theHumanRightsCommission;and
(ii)thecontrotlingbody of whichthatprivatebodyisamember, if
applicable;
(b)publishthemanualinthe Gazette;and
(c)makeavailable the manual on thewebsite, if any,oftheprivatebody.
25. 10 No. 23119 GOVERNMENTGAZETTE, 15 FEBRUARY 2002
(2) Thehead of aprivatebody -
(a)must,duringofficehoursanduponrequest,makeavailableforpublic
inspection a copyof the manual;
(b) may not charge a fee for a public inspection referredto in paragraph (a);
and
(c) may, in respect of a copy of the manual or part thereof made availablein
a manner other than that contemplatedin paragraph(a), charge the fee
prescribedin item 1of Part 111 of Annexure A.
Formof request
10. A request for accessto a record as contemplatedinsection53(1)ofthe Act must
substantially correspond with FormC of Annexure 8.
Feesfor recordsof private body
11.(1) The fees for reproduction referred toin section 52(3)of the Act are prescribed .
in Item 2of Part Illof Annexure A.
(2) The request fee payablebyarequester,otherthanapersonalrequester,
referredto in section 54(1)of the Act is prescribedin Item 3 of Part Illof AnnexureA.
(3) Theaccessfeespayablebyarequesterreferred to in section 54(7),unless
exemptedundersection 54(8),of the Actareprescribed in Item 4 of Part Ill of
Annexure A.
CHAPTER 4
REPEAL AND COMMENCEMENT
Repeal
12. The regulations published under Government NoticeNo. R.223of 9 March2001
are hereby repealed.
Commencement
13.Theseregulationscomeintooperationon 15 February2002.
26. STAATSKOERANT, 15 FEBRUARIE 2002 No. 23119 11
ANNEXURE A
GENERAL: VALUE-ADDEDTAX
Public and private bodies registered undertheValue-Added TaxAct, 1991 (ActNo.89
of 1991), as vendors may add value-addedtax to all fees prescribedinthis Annexure.
PART I
FEES IN RESPECTOF GUIDE
1.
1.
2.
The fee for a copy ofthe 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 RESPECTOF PUBLIC BODIES
The fee for a copyof the manual as contemplatedinregulation 5(c)is R0,60 for .
every photocopy of anACsize pageor part thereof.
The feesfor reproduction referredto in regulation 7(1)are asfollows:
For every photocopyof an A4size page or
part thereof
For everyprintedcopy of an A4-site page or part
thereof held on a computeror in electronic or machine-
readable form
For a copyin a computer-readable formon -
(i) stiffydisc
(ii) compactdisc
(i)For atranscription of visualimages,
for an A4-size page or part thereof
(ii)Foracopy of visualimages
(i) For atranscription of an audiorecord,
for an A4-size pageor part thereof
(ii)Foracopyofanaudiorecord
R
0,60
0,40
5,OO
40,00
22,oo
60,OO
12,oo
17,OO
27. 12 No. 23119 GOVERNMENT GAZETTE, 15 FEBRUARY 2002
3. Therequest fee payablebyeveryrequester,otherthanapersonalrequester,
referredto in regulation 7(2)is R35,OO.
4. Theaccessfeespayablebyarequesterreferredto in regulation 7(3) areas
follows:
R
(l)(a) For every photocopy of an A4-size page or
part 0,60
(b)Foreveryprintedcopy of an A4-sizepageorpart
thereof held on a computer or in electronicor machine-
readableform 0,40
(c)Foracopy in acomputer-readable form on -
(i) stiffydisc 5,OO
(ii) compactdisc 40,OO
(d)(i)Foratranscriptionofvisualimages,
for an A4-sizepageorpartthereof22,oo
(ii) Foracopyofvisualimages 60,OO
(e) (i) Foratranscription of anaudiorecord,
for an A4-size pageor partthereof 12,oo
(ii)Foracopy of anaudiorecord 17,OO
(f) Tosearch for and prepare the record for disclosure,R15,OO for each hour
or partof an hour, excluding the first hour, reasonably required for such
search and preparation.
(2) Forpurposesofsection22(2) of theAct,thefollowingapplies:
(a) Six hours as thehoursto beexceeded before a depositispayable;
and
(b) onethird of theaccessfee is payable as adepositbythe
requester.
(3) The actual postage is payable when a copyof a record must be. posted
to a requester.
28. ~~ -
STAATSKOERANT, 15 FEBRUARIE 2002 No. 23119 13
1.
2.
3.
4.
PART 111
FEES IN RESPECTOF PRIVATE BODIES
The feefor a copy of the manual as contemplatedin regulation 9(2)(c)is R1,lO
for every photocopy of an A4-size page or part thereof.
The fees for reproduction referred toin regulation 11(1) are as follows:
R
(a)ForeveryphotocopyofanA4-sizepageor
partthereof 1,lo
(b) ForeveryprintedcopyofanA4-sizepageorpart
thereof held on a computer orin electronic or machine-
readable 0,75
(c) For a copy in acomputer-readableformon -
(i)stiffy 7,50
(ii)compact 70,OO
(d) (i)For atranscription ofvisualimages,
foranA4-sizepageor partthereof 40,OO
(ii)For a copy of visualimages 60,OO
(e)(i)Foratranscription of anaudiorecord,
foran A6size pageorpartthereof 20,oo
(ii)Foracopy of anaudiorecord 30,OO
Therequestfeepayablebyarequester,otherthanapersonalrequester,
referred toin regulation 1l(2)is R50,OO.
The access fees payable by a requester referred toin regulation 11(3) are as
follows:
R
(1)(a) For every photocopy of an A4-size page or
partthereof 1,lO
(b) For everyprintedcopy of an Adsize pageorpart
thereof held ona computer or in electronicor machine-
readable 0,75
(c)For a copy in acomputer-readableformon -
002056368
29. 14 No. 23119 GOVERNMENT GAZElTE, 15 FEBRUARY 2002
(i)stiffy 7,50
(ii)compact 70,OO
(i) For atranscription of visualimages,
for an A4-sizepage or partthereof 40,OO
(ii) For a copy of visualimages 60,OO
(i) For atranscriptionofanaudiorecord,
foranA4-sizepage or partthereof20,oo
(ii) For a copy of anaudio record 30,OO
To search for and prepare the record for disclosure,R30,OO for each hour
or part of an hour reasonably required for such searchand preparation.
For purposes of section54(2) of the Act, the following applies:
(a) Six hours as the hours to be exceeded before a depositispayable;
and
(b) onethird of theaccessfee is payableasadeposit by the
requester.
The actual postageis payable when a copyof a record must be posted
to a requester.
30. STAATSKOERANT, 15 FEBRUARIE 2002 No. 23119 15
ANNEXURE B
FORMA
REQUEST FOR ACCESS TO RECORDOF PUBLIC BODY
(Section 18(1) of the Promotionof Access to Information Act,2000
(Act No. 2of 2000))
[Regulation61
FOR DEPARTMENTAL USE
~~ ~
Reference number:
Request received by
(state rank, name and surnameof information officer/deputy information officer) on
(date)at
Request fee(if any): R ........................ ...........
Deposit(if any): R ...................................
Access fee: R ...................................
SIGNATURE OF INFORMATION
OFFICER/DEPUTYlNFORMATlON
OFFICER
A. Particularsof publicbody
The Information OfficerIDeputy Information Officer:
31. 6. Particularsof personrequestingaccess to therecord
(a) Theparticularsoftheperson who requestsaccess to therecordmustbe
given below.
(6) The addressand/orfax number in the Republic to which the informationis to
be sent,must be given.
(c) Proof of thecapacity in whichtherequest is made,ifapplicable,mustbe
attached.
Full names and surname:
Identity number:
Postal address:
~~~
Fax number:
Telephonenumber: . E-mailaddress:
Capacity in which requestis made, when madeon behalf of another person:
C. Particularsof personon whose behalfrequest is made
~~ ~
Thissection must be completedONLYif a request for informationis made Onbehalf
of another person.
Full names and surname:
Identity number:
32. STAATSKOERANT, 15 FEBRUARIE 2002 No. 23119 17
D. Particularsof record
(a) Provide full particularsof the record to which accessis requested, including
the reference number if that is known to you, to enable the record to be
located.
(b) If the provided spaceis inadequate, please continue on a separate folio and
attachit to this form.Therequester must sign ail the additional folios.
1. Descriptionof recordorrelevant part of therecord:
2. Referencenumber, ifavailable:
3. Anyfurtherparticulars of record:
E. Fees
(a) A requestforaccess to a record, other than arecordcontainingpersonal
information about yourself, will be processed only after arequest fee has
been paid.
(b) You willbe notifiedof the amount requiredto be paidas the request fee.
(c) The feepayable foraccesstoa record dependsonthe formin 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 exemptionfrom paymentof fees:
33. 18 No. 23119 GOVERNMENT GAZETTE, 15 FEBRUARY 2002
F. Form of access to record
you areprevented by a disability to read, view or listen to the recordin the form of
xess provided forin 1 to 4 below, stateyour disabiljty and indicate in which form the
?cordis required.
3sability:
I
Form inwhich recordis required: .
Mark theappropriate box withanX.
NOTES:
(a) Compliance with your request for access in the specified form may depend
on the formin which the recordis available.
(6) Access in the formrequested may be refused in certaincircumstances. In
such a case you will be informedif access will be grantedin another form.
(c) Thefeepayable for access to the record, ifany, will be determinedpatfly by
the formin which accessis reauested.
1. If therecord is inwrittenorprintedform:
copyof record* I
transcriptionofcopy ofthe images*view the images
images, sketches, etc.):
(this includes photographs, slides, video recordings, computer-generated
inspectionof record
2. If recordconsists of visualimages -
the images*
3. If recordconsistsof recordedwords or informationwhichcan be
renroduced in sound:
~ ~~~ ~ ~~~ ~~~
listento the
cassette)
(writtenor printed document)soundtrack (audio
transcription ofsoundtrace
4. ' If recordIs held on computer or inan electronic or machine-readable
form:
printedcopy of
(stiffy or compactfrom the record*
readable form*information derivedrecord*
copy in computerprinted copyof
disc)
34. STAATSKOERANT, 15 FEBRUARIE 2002 No. 23119 19
*If you requesteda copy or transcriptionof a record (above), do
Inwhich language wouldyou prefer the record?
granted in the language in which the record is available.
Note thatif the record is not availablein the language you prefer, access maybe
Postage is payable.
you wish the copy or transcriptionto be postedto.you?
NOYES
I I
G. Notice of decisionregardingrequestforaccess
You will be notified in writing whether your request has beenapproveddenied. If
you wish tobe informed in another manner, please specify the manner and provide
the necessary particulars to enable compliancewithyour request.
Howwould YOU preferto be informedof the decision regarding your request for access
to the record?
Signedat of 20
SIGNATURE OF REQUESTER / PERSON
ON WHOSE BEHALFREQUEST IS MADE
35. NOTICEOF INTERNAL APPEAL
(Section75 of the Promotionof Access to InformationAct, 2000 (Act No. 2of 2000))
[Regulation81
STATE YOUR REFERENCE
NUMBER:
A. Particularsof public body
The Information Officer/Deputy Information Officer:
B. Particularsof requesterlthirdpartywho lodgestheinternalappeal
(a) The particulars of the person who lodge the internal appeai must be given
below.
(6) Proof of thecapacityinwhichappeal is lodged, if applicable,mustbe
attached.
(c) If the appellant isa thirdpersonand not the person who originally requested
the information, the particularsof the requester mustbe given atC below.
Full names and surname:
Identity number:
Postal address:
Fax number:
Telephonenumber:E-mailaddress:
Capacity in which an internal appealon behalf of another personis lodged:
36. STAATSKOERANT, 15 FEBRUARIE 2002 No. 23119 21
C. Particularsof requester
This section mustbe completed ONLY if a third party (other than the requester)
lodges the internal appeal.
Full names and surname:
Identitynumber:
D. The decisionagainstwhichtheinternalappeal Os lodged
Mark the decision against which the internal appeal is lodged with an X in the
appropriate box:
Refusalof request for access
Decision regarding fees prescribedinterms of section 22 of the Act
Decision regardingthe extension of the periodwithin which the request
must be dealt within terms ofsection 26(1) of the Act
Decision interms of section 29(3)of the Act to refuse accessinthe form
requested by the requester
Decision to grant requestfor access
E. Groundsfor appeal
~~ ~
If the provided spaceis inadequate, please continue ona separate folio and attach
it to this form. Youmust sign all the additional folios.
State the groundson which theinternal appeal is based:
State any other information that may be relevantin consideringthe appeal:
37. 22 No. 23119 GOVERNMENT GAZETTE, 15 FEBRUARY 2002
F. Noticeof decision on appeal
You will be notifiedin writingof the decisionon your internal appeal. If you wish to
be informed in anothermanner,pleasespecifythemanner and providethe
necessary particularsto enable compliance with your request.
State the manner:
Particularsof manner:
Signed at this day of 20
SIGNATURE OF APPELLANT
38. STAATSKOERANT, 15 FEBRUARIE 2002 No. 23119 23
FOR DEPARTMENTAL USE:
OFFICIAL RECORDOF INTERNAL APPEAL:
Appealreceivedon)
(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 particularsof anythird party towhom or
which the record relates, submitted by the information officeddeputy information
officeron(date)o
OUTCOME OF APPEAL:
DECISION OF INFORMATIONOFFICEWDEPUTYINFORMATION OFFICER
CONFIRMED/NEW DECISION SUBSTITUTED
NEW DECISION:
DATE
RECEIVED BYTHE INFORMATION OFFlCERlDEPUTY INFORMATION OFFICER
FROMTHE RELEVANT AUTHORITYON (date):
39. 24 No. 23119 GOVERNMENT GAZETTE, 15 FEBRUARY 2002
FORM C
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section53(1)of the Promotionof Access to Information Act,2000
(Act No. 2 of 2000))
[RegulationIO]
A. Particularsof private body
The Head:
B.Particulars of personrequestingaccess to therecord
(a) Theparticulars of thepersonwhorequestsaccesstotherecordmustbe
given below.
(b) The address and/or fax numberin the Republicto which the informationis to
be sentmust be given.
(c) Proofofthecapacityinwhichtherequest is made, if applicable, must be
attached.
Full names and surname:
Identity number:
Postal address:
Fax number:
Telephonenumber:E-mailaddress:
Capacity in which request is made, when made on behalfof another person:
40. STAATSKOERANT, 15 FEBRUARIE 2002 No. 23119 25
C. Particularsof personon whose behalf request is made
Thissectionmust be completedONLYif a request for information is made on behalf
of another person.
Full names and surname:
identity number:
D. Particularsof record
(a) Provide full particulars of the recordto 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 ona separate folio and
attach it to this form.Therequester mustsign all the additional folios.
1. Descriptionof record or relevantpart of therecord:
2.Referencenumber, if available:
3. Any furtherparticulars ofrecord:
41. E. Fees
(a)Arequestforaccesstoarecord,otherthanarecord containingpersonal
information about yourself, will be processed only after arequest fee has
been paid.
I
(b) You will be notifiedof the amount required to be paid as the reguest fee.
(c) Thefee payable for accesstoarecord dependsonthe formin which access
is required and the reasonable time requiredto search for and prepare a
record.
(d) //youqualify for exemptionof the payment of any fee, pleasestatethereason
for exemption.
L
Reasonfor exemption from paymentof fees:
F. Form of access torecord
1If you are prevented by a disability to read, viewor listen to the recordin the form04
mess provided forin 1 to4 hereunder, stateyour disability and indicatein which form
le record is required.
Disability:
L
Form in which record is required:
.J
Mark the appropriate box with anX.
NOTES:
(a) Compliance with your requestin the specified form may dependon the form
in which the record is available.
(b) Access in theformrequestedmayberefused in certaincircumstances.In
such a case you will be informed if access will be grantedin another form.
(c) The fee payable for accessto the record, if any, will be determined partly by
the form in which access is requested.
1. If therecord is in writtenorprinted form:
copy of record* I inspectionof record
42. i
STAATSKOERANT, 15 FEBRUARIE 2002 No. 23119 27
2. If recordconsists of visualimages
(this includes photographs, slides, video recordings, computer-generated
images, sketches, etc.):
view the images transcription ofcopy of the images*
the images*
3. If recordconsistsofrecordedwordsorInformationwhichcan be
reproduced in sound:
listen tothe transcriptionof soundtrack*
soundtrack (audio
cassette)
(writtenor printeddocument).
form:
4. Ifrecord is heldoncomputeror in anelectronicormachine-readable
~ ~ ~~~ ~-
printed copy of printed copyof
(stiffy or compactfrom the record*
readable form* information derivedrecord*
copy in computer
~~~ ~
: disc)
*Ifyou requesteda copy or transcriptionof a record(above), do
Postage is payable.
you wish the copyor transcriptionto be posted to you?
NOYES
G. Particulars of rightto beexercisedorprotected
I f the provided space is inadequate, please continueon a separate folioand attach
it to this form. The requester mustsign all the additlonal folios.
1. lndicatewhichright is to beexercised or protected:
2. Explain whythe record requestedisrequired for the exercise or protectionofthe
aforementioned right:
43. 28 No. 23119 GOVERNMENTGAZETTE, 15 FEBRUARY 2002
H. Noticeof decisionregarding requestfor access
~
YOUwill be notified in writingwhether your request hasbeen approve&denied. If
you wish tobe informed in another manner, please specify the mannerandprovide
the necessary particulars to enable compliancewith yourrequest. IHowwould you prefer to be informed of the decisionregardingyour request foraccess
to the record?
Signed at this day of 20
SIGNATUREOF REQUESTER/ PERSON
ON WHOSE BEHALF REQUESTIS MADE