PAIA Manual
MANUAL IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT NO 2 OF 2000
Manual prepared in accordance with section 51 of the Promotion of Access to Information Act, No. 2 of 2000 (as amended) in respect of Garlicke & Bousfield Incorporated.
The aim of this Manual is to assist potential requestors in requesting access to information (documents or records) from Garlicke & Bousfield as contemplated under the Act. The Manual contains an index of all records under the control or possession of Garlicke & Bousfield Inc.
The Manual may be amended from time to time and as soon as any amendments have been made, the latest version of the Manual will be published and distributed.
In order to obtain access to information from Garlicke & Bousfield under the Act, a you need to meet certain procedural requirements, the record requested must be required for the exercise or protection of a right, and there must be no grounds for refusal.
You are invited to contact the Information Officer should you require any assistance in respect of the use or content of this Manual.
The following words or expressions will bear the following meanings in this Manual:
Definitions
“the Act” or “PAIA” means the Promotion of Access to Information Act No. 2 of 2000, together with any regulations published thereunder;
“Garlicke & Bousfield” or “the firm” means Garlicke & Bousfield Incorporated, structured as an incorporated professional partnership which renders legal services, including legal advice and legal representation, to individual clients, businesses and organisations;
“Information Officer” means the designated information officer/s described in this Manual;
“Manual” means this Manual, together with all annexures thereto as amended and made available at the offices of Garlicke & Bousfield from time to time;
“POPI Act” means the Protection of Personal Information Act, No. 4 of 2013;
“SAHRC” means the South African Human Rights Commission;
“you” refers to any person making a request for access to a record that is under the control of Garlicke & Bousfield.
Contact Details [Section 51(1)(a) of the Act]
Name of private body: Garlicke & Bousfield Incorporated
Registration number: 1977/003506/21
Head of body:
Yvonne Boden (Chief Executive Officer)
Bongani Mgaga (Chairman)
Designated Information Officer: Sandrisha Rajbunsie
Email: Sandrisha.rajbunsie@gb.co.za
Physical address:
7 Torsvale Crescent
La Lucia Ridge Office Estate
4051
kwaZulu-Natal
Postal address:
P.O. Box 1219
Umhlanga Rocks
4320
kwaZulu-Natal
Telephone: +27 31 5705300
Telefax: +27 31 5705301
Email: mailur@gb.co.za
Website: www.gb.co.za
The official PAIA guide
In accordance with section 10 of the Act, the South African Human Rights Commission (“SAHRC”) is required to publish a guide containing information reasonably required by a person wishing to exercise or protect any right in terms of this Act. The guide does not yet appear to have been compiled however, and it is not clear when it will be available.
Enquiries regarding the guide can be addressed to the SAHRC, the contact details of which are as follows:
Postal address:
South African Human Rights Commission
Promotion of Access to Information Act Unit
Research & Documentation Department
Private Bag X2700
Houghton, 2041
Telephone: +27 11 877 3600
Fax: +27 11 403 0625
Website: www.sahrc.org.za
E-mail: lidlamini@sahrc.org.za
Information freely available (section 51(1)(c))
Certain information is freely available for inspection without the need to request access to this information in terms of the Act. This information is as follows:
All information provided on the website of Garlicke & Bousfield is freely available as well as any other information in the public domain, such as articles published in the media.
Information available in accordance with other legislation (section 51(1)(d))
Certain information is kept by Garlicke & Bousfield and is available for inspection in accordance with legislation other than the Act. A list of this information appears in Annexure A.
Information that is held by Garlicke & Bousfield and may be requested (section 51(1)(e))
Garlicke & Bousfield keeps certain information which is collected in the normal course of business. A list of this information appears in Annexure B.
Other information as may be prescribed under section 51(1)(f)
The Minister of Justice and Constitutional Development has, to date, not made any regulations in this regard.
Garlicke & Bousfield uses the personal information in its care in the following ways:
- to provide legal services and continue to advise and assist you;
- to manage fees and payments;
- collect and recover money owed;
- to prevent fraud;
- to carry out the necessary identity checks to comply with anti-money laundering legislation;
- to send marketing information;
- to enable the firm to respond to enquiries or because you referred the firm to someone;
- when you are the other party in a matter in which the firm has been instructed;
- staff administration;
- communications with the firm may be monitored for compliance with laws and internal policies;
- CCTV images are recorded for security purposes and for the prevention of crime.
The categories of data subjects about which personal information is held include clients, service providers, staff, suppliers and contractors. For further information on the purpose and legal basis for which personal information is processed, please see Annexure C.
Transborder flow of information
Insofar as the transborder flow of information is concerned, the firm does not transfer your personal information outside of South Africa, except where required in certain matters and where the firm has your express permission to do so. Where your personal information is transferred outside of South Africa, the firm will ensure that there are laws or rules in place to ensure adequate levels of protection.
General description of security measures
The firm employs the following technology and security measures to ensure the confidentiality and integrity of the personal information:
- firewalls;
- virus protection software and update protocols;
- logical and physical access controls;
- secure setup of hardware and software making up the IT infrastructure;
- any outsourced service providers who process personal information on behalf of the firm are contracted to implement security controls.
When making a request for information from Garlicke & Bousfield, you must –
- obtain and complete the prescribed form (Form C) attached to this Manual (Annexure D).
- submit the completed form to the Information Officer by fax or email.
- ensure that the Information Officer is provided with sufficient detail to identify the information requested.
- indicate the form of information access required if access is granted.
- provide your telephone number, fax number, postal address and email address, if available.
- indicate which right is being exercised or protected and explain why the information requested is required in order to exercise or protect the right.
- indicate how the outcome of the decision must be communicated. The decision will be communicated in writing, so there is a choice of fax, post or email. If it is to be communicated in a manner additional to this, the additional manner must be indicated and details provided.
- if the request is being made on behalf of another person, proof must be provided of the capacity of the person making the request on another’s behalf. The proof must be sufficient to satisfy Garlicke & Bousfield.
- pay the applicable fees, and a deposit where necessary.
If the information requested exists and allowing access to it does not affect a third party, the request will be processed within 30 days. This period may be extended once in certain circumstances.
It should be noted that any and all records, whether specifically listed herein or not, shall only be made available subject to the provisions of the Act. An application for access to the information requested will not automatically be granted. There are certain grounds on which an application for access to information may be refused under the Act. More information on this is provided in clause 11, below.
One of the grounds of refusal is where access to a record would involve the unreasonable disclosure of personal information about a third party (section 34 of the Act).
Processing of personal information is regulated by the POPI Act. Under the POPI Act, Garlicke & Bousfield will be obliged to use information in its possession only for the purpose for which it was collected and to keep information only for as long as it is required by law. Garlicke & Bousfield will also be required to delete personal information records once they are no longer needed for the purpose for which they were collected.
Refusal of access to records
This list is not comprehensive and covers many of the exemptions applicable to individuals. Further exemptions can be found in the Act.
The Information Officer must refuse a request for access to a record if disclosure of the information by Garlicke & Bousfield would:
- involve the unreasonable disclosure of personal information;
- disclose a third party’s trade secrets;
- disclose information that would be likely to cause harm to the commercial or financial interests of a third party;
- constitute an action for breach of a duty of confidence owed to a third party in terms of the law or in terms of an agreement;
- reasonably be expected to endanger the life or physical safety of an individual;
- in the case of a record containing information about research, be likely to cause serious disadvantage;
- involve disclosure of a record that is privileged from production in legal proceedings, unless the person entitled to privilege has waived the privilege.
The Information Officer may refuse a request for access to a record if disclosure of the information by Garlicke & Bousfield would:
- be likely to prejudice or impair the security of a building, structure or system, including a computer or communication system, a means of transport or any other property;
- be likely to prejudice or impair methods, systems, plans or procedures for the protection of an individual, the safety of the public, any part of the public or the security of property.
Access to a record may not be refused if consent has been granted to you in writing.
Access to a record must be granted if:
- it would reveal a substantial contravention of, or failure to comply with the law, or imminent and serious public safety or environmental risk, and
- the public interest in the disclosure outweighs the harm contemplated by the disclosure.
If a third party will be affected by the disclosure of information requested, that third party must be informed within 21 days that such a request has been made. The third party then has 21 days to make representations as to why the request should be refused, or to grant the request.
Once all submissions have been heard by the Information Officer, a decision will be made as to whether or not access will be granted. Should access be granted, the record must be made available within thirty days of you being informed of the decision.
If access is not granted to the record, the decision may be appealed in the High Court. The appeal must be lodged within 30 days. Proper reasons must be given as to why the request was not granted.
Prescribed Fees
Where you seek access to a record containing personal information about yourself, you are not required to pay the request fee. Where you not seeking access to personal information, you are required to pay the required request fee.
The Information Officer must, by notice, require you to pay the prescribed request fee, if any, before further processing the request.
After the Information Officer has made a decision on the request, you must be notified in the required form.
If the request is granted then further access fees must be paid for reproduction, for search and preparation, and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.
The prescribed fees are as follows:
| Fees for the Manual of a private body (regulation 9(2)(c)) | |
| The fee for a copy of the Manual, per A4 page or part | R1.10 |
| Fees for the records of a private body (regulation 11(1)) | |
| for every photocopy of an A4-size page or part thereof | R1.10 |
| for every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form | R0.75 |
| for a copy in computer-readable form on – | |
| stiffy disc | R7.50 |
| compact disc | R70.00 |
| for a transcription of visual images, for an A4-size page or part thereof | R40.00 |
| for a copy of visual images | R60.00 |
| for a transcription of an audio record, for an A4-size page or part thereof | R20.00 |
| for a copy of an audio record | R30.00 |
| The request fee payable by a Requester, other than a personal Requester (regulation 11 (2)) | R50,00 |
| The access fees payable by a Requester whose request for access to a record of a private body has been granted is required to pay a reasonable access fee for a copy of a record, or of a transcription of the content of a record, and if applicable the postal fee – (regulation 54(7)) | |
| for every photocopy of an A4-size page or part thereof | R1.10 |
| for every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form | R0.75 |
| for a copy in computer-readable form on – | |
| stiffy disc | R7.50 |
| compact disc | R70.00 |
| for a transcription of visual images, for an A4-size page or part thereof | R40.00 |
| for a copy of visual images | R60.00 |
| for a transcription of an audio record, for an A4-size page or part thereof | R20.00 |
| for a copy of an audio record | R30.00 |
| The time reasonably required to search for the record and prepare the record for disclosure to the Requester, per hour | R30.00 |
Availability of Manual under section 51(1)(f)
This Manual is available for inspection by the general public upon request, during office hours and free of charge, at the office of Garlicke & Bousfield. Copies of the Manual may be made, subject to the prescribed fees.
Copies may also be requested from the South African Human Rights Commission.
The Manual is also posted on Garlicke & Bousfield’s website, referred to above.
This manual was last updated on: 20 April 2021
Records kept by Garlicke & Bousfield in accordance with other legislation in terms of section 51(1)(d) of the Act.
Garlicke & Bousfield keeps records in accordance with the following legislation. This is not an exhaustive list:-
Currency and Exchanges Act 9 of 1933
Insolvency Act 24 of 1936
Pension Funds Act 24 of 1956
Income Tax Act 58 of 1962
Administration of Estates Act 66 of 1965
National Building Regulations and Building Standards Act 103 of 1977
Copyright Act 61 of 1978
Attorneys Act 53 of 1979
Regional Services Councils Act 109 of 1985
Trust Property Control Act 57 of 1988
Value Added Tax Act 89 of 1991
Occupational Health and Safety Act 85 of 1993
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Trade Marks Act 194 of 1993
Labour Relations Act 66 of 1995
Tax on Retirement Funds Act 38 of 1996
Basic Conditions of Employment Act 75 of 1997
Employment Equity Act 55 of 1998
Competition Act 89 of 1998
Skills Development Act 97 of 1998
Debt Collectors Act 114 of 1998
Prevention of Organised Crime Act 121 of 1998
Medical Schemes Act 131 of 1998
Skills Development Levies Act 9 of 1999
Financial Intelligence Centre Act 38 of 2001
Unemployment Insurance Act 63 of 2001
Unemployment Insurance Contributions Act 4 of 2002
Electronic Communications and Transactions Act 25 of 2002
National Credit Act 34 of 2005
Companies Act 71 of 2008
Consumer Protection Act 68 of 2008
Tax Administration Act 28 of 2011
Records kept in terms of the above legislation may, in certain instances (and insofar as the information contained therein is of a public nature), be available for inspection without a person having to request access thereto in terms of the Act.
Records kept by Garlicke & Bousfield in terms of section 51(1)(e)
Company secretarial and legal records
Memorandum of incorporation
Annual financial statements
Records relating to appointment of directors and auditors
Statutory registers and records
Minute book of directors’/shareholders’ meetings and resolutions
Contracts and agreements
Financial records
Electronic accounting records
Taxation records
Asset registers
Annual financial statements
Banking records (relating to business and trust accounts held)
Operational documents and records
Operating procedure Manuals
Internal phone lists
Address lists
Company policies
Directives to staff
Minutes of meetings
General housekeeping information
Commercial contracts
Employment contracts
Employment equity report
Skills development report
Human resource information (including internal policies and procedures)
Garlicke & Bousfield employee records
Personal information relating to past, present and prospective employees and directors
Insurance policies
Rules and regulations relating to the pension fund and/or provident fund
Information relating to Garlicke & Bousfield marketing, business plans, systems and procedures
Requisitions, permits, licences, authorisations, approvals, applications, consents required for the day to day running of Garlicke & Bousfield
Records relating to information technology (hardware, software and data collection and storage)
Rules and regulations relating to the medical aid and Pension Fund
Marketing records
Client records
Client data base (consisting of personal client details; commercial and financial information, information relating to agreements, proposals and intellectual and other property rights of clients)
Human resources
Employee records
Employment contracts
Payroll records
Employment equity records
UIF records
Medical aid records
Pension Fund records
Legal services
Client matter/trust records
Information technology (IT)
IT contracts and operational records
Asset and policy records
Communications
Correspondence between persons within and without Garlicke & Bousfield not covered by the records described above. This includes supplier and service records, correspondence with clients and internal correspondence.
Website
Garlicke & Bousfield’s website is www.gb.co.za and is accessible to anyone who has access to the Internet. The website contains various categories of information relating to the firm, including areas of expertise; legal services; specialist fields; editorials; literature; careers; directors’ resumes; and contact details.
Other sources of information
Garlicke & Bousfield maintains a library containing books, periodicals and other publications of a legal and/or commercial nature.
| type of personal information | purpose | legal basis for processing | |
| Identification details | Name, title, proof of identity (identity or passport number), company registration number, date of birth, physical address, job title, employer details, signatures. | This enables us to: – provide you with legal services; – to continue to advise and assist you; – manage fees and payments; – collect and recover money owed to us; – process payments and prevent fraud; – to carry out necessary identity checks to comply with anti-money laundering legislation to prevent fraud. | Legitimate interests – to deliver legal services to our clients. In order to enter into a contract with you. In order to comply with our legal obligations. |
| Personal and/or business contact details | Home and/or business address, telephone numbers, cell phone number, email address, organization details | ||
| Employment information | |||
| Education and qualification information | |||
| Family information | Marriage, divorce, adoption, surrogacy, dependants, child settlement, relatives’ names | ||
| Immigration and travel information | |||
| Wills and inheritance information | |||
| Information on property ownership, company records | |||
| Financial and payment information | Financial information: tax number, VAT number, banking details, and other payment data (including the source of funds) | ||
| Special personal information, where permitted by law | Religious or philosophical beliefs; race or ethnic origin; trade union membership; political persuasion; health or sex life; biometric information; or criminal behaviour. | ||
| Credit reporting, where permitted by law | |||
| Matter-related information | Information relating to the matter for which you are seeking advice or representation and any other proceedings against you or a third party related to you. | ||
| Identification details, contact details. | Name, title, address, telephone number, mobile number, email address, organisation details and details of the enquiry. | To send marketing information, like monthly newsletters. | Consent. |
| To enable us to respond to your enquiry or because you referred us to someone. | Legitimate interests | ||
| Identification details, contact details, financial information, other personal information concerning you and/or your business. | When you are the other party to a matter on which we have been instructed | Legitimate interests to provide legal services to our clients | |
| IT logs and online identifiers | Communications we send to you electronically, details of incoming and outgoing emails and telephone calls, and other IT logs | Use of our IT systems and access to secure office areas is automatically logged. Communications may be monitored for compliance with laws and internal policies. | Legitimate interests – to improve safety and security. In order to comply with our legal obligations. |
| CCTV images | These are images captured by our CCTV cameras | The images are recorded for security purposes and for the prevention of crime. | Legitimate interests – to improve safety and security. |
Form for requesting access to record:
Download PDF
The aim of the Manual is to assist potential requestors in requesting access to information (documents or records) from Garlicke & Bousfield as contemplated under the Act.
The Manual may be amended from time to time and as soon as any amendments have been effected, the latest version of the Manual will be published and distributed in accordance with the Act.
A requester is invited to contact the Information Officer should he or she require any assistance in respect of the use or content of this Manual.
The following words or expressions will bear the following meanings in this Manual:
1.1 “the Act” means the Promotion of Access to Information Act No. 2 of 2000, together with any regulations published hereunder;
1.2 “Garlicke & Bousfield” means Garlicke & Bousfield Inc, structured as an incorporated professional partnership which renders
legal services including legal advice and legal representation to individual clients, businesses and organisations;
1.3 “Information Officer” means the head of the body or any of the designated information officers described in this Manual;
1.4 “Manual” means this manual, together with all annexures thereto as amended and made available at the offices of Garlicke &
Bousfield from time to time;
1.5 “SAHRC” means the South African Human Rights Commission.
Garlicke & Bousfield prides itself on being one of the oldest and largest legal practices in KwaZulu-Natal, South Africa. Whilst the challenges of the 21st century are profoundly different from those that faced the firm more than 150 years ago, our mission now is the same as it was then: to serve our clients’ needs with legal excellence, efficiency and integrity. From our new home on the hill at La Lucia and our centrally situated offices in the City of Durban and Johannesburg, Garlicke & Bousfield offers a wide range of specialist legal expertise in all facets of the law including but not limited to, inter alia, corporate and commercial law, conveyancing and property law, estates and trusts, labour law, commercial litigation, shipping and transport law, tax law, e-commerce and environmental and planning law and is a member of Multilaw (A Global Network of Independent Law Firms) which gives Garlicke and Bousfield access to over 4 500 carefully selected lawyers in more than 130 commercial centres throughout the world in order to fulfil its clients international needs.
Further information on Garlicke & Bousfield can be obtained from the company’s website www.gb.co.za.
Contact Details [Section 51(1)(a) of the Act]
Name of body: Garlicke & Bousfield Incorporated
Registration number: 1977/003506/21
Head of body: Bongani Mgaga (Chief Executive Officer) | Brian Jennings (Chairman)
Designated Information Officer: Graeme Palmer (Director)
Email: graeme.palmer@gb.co.za
Physical address:
7 Torsvale Crescent
La Lucia Ridge Office Estate
4051
KwaZulu-Natal
Postal address (Durban):
P O Box 1219
Umhlanga Rocks
4320
KwaZulu-Natal
Telephone: +27 31 5705300
Telefax: +27 31 5705301
E-mail: mailur@gb.co.za
THE GUIDE SECTION 51(1)(B) OF THE ACT]
The official PAIA guide.
In accordance with section 10 of the Act, the South African Human Rights Commission (“SAHRC”) has published a Guide containing information reasonably required by a person wishing to exercise or protect any right in terms of this Act. This Guide appears on the SAHRC’s website (www.sahrc.org.za under the “Publications” tab and under the heading “Legislation”) and contains the following information:
Part 1 – Why access to information (this sets out the objects of the Act)
Part 2 – Access to information
Part 3 – How to make a request for information (this includes details of the fees to be paid and explains your remedies in law regarding acts, omissions, rights and duties, including how to lodge an internal appeal and a court application)
Part 4 – When access to a record may be refused
Part 5 – General information
Part 6 – Public bodies from whom you can access records
Enquiries regarding the Guide can be addressed to the SAHRC, the contact details of which are as follows:
Post: South African Human Rights Commission
Promotion of Access to Information Act Unit
Research & Documentation Department
Private Bag X2700
Houghton 2041
Telephone: +27 11 877 3600
Fax: +27 11 403 0625
Website: www.sahrc.org.za
E-mail: lidlamini@sahrc.org.za
Information freely available.
Certain information is freely available at Garlicke & Bousfield’s offices and consists of recent editions of Garlicke & Bousfield’s newsletters, brochures and special publications.
Information Available In Accordance With Other Legislation
The company keeps records in accordance with the following legislation. This is not an exhaustive list:-
• Currency and Exchanges Act 9 of 1933
• Insolvency Act 24 of 1936
• Pension Funds Act 24 of 1956
• Income Tax Act 58 of 1962
• Administration of Estates Act 66 of 1965
• Stamp Duties Act 77 of 1968
• Companies Act 61 of 1973
• National Building Regulations and Building Standards Act 103 of 1977
• Copyright Act 61 of 1978
• Attorneys Act 53 of 1979
• Credit Agreements Act 75 of 1980
• Stock Exchanges Control Act 01 of 1985
• Regional Services Councils Act 109 of 1985
• Trust Property Control Act 57 of 1988
• Value Added Tax Act 89 of 1991
• Interception and Monitoring Prohibition Act 127 of 1992
• Occupational Health and Safety Act 85 of 1993
• Compensation for Occupational Injuries and Diseases Act 130 of 1993
• Trade Marks Act 194 of 1993
• Labour Relations Act 66 of 1995
• Tax on Retirement Funds Act 38 of 1996
• Basic Conditions of Employment Act 75 of 1997
• Employment Equity Act 55 of 1998
• Competition Act 89 of 1998
• Skills Development Act 97 of 1998
• Debt Collectors Act 114 of 1998
• Prevention of Organised Crime Act 121 of 1998
• Medical Schemes Act 131 of 1998
• Skills Development Levies Act 9 of 1999
• Financial Intelligence Centre Act 38 of 2001
• Unemployment Insurance Act 63 of 2001
• Unemployment Insurance Contributions Act 4 of 2002
• Electronic Communications and Transactions Act 25 of 2002
• National Credit Act 34 of 2005
• Companies Act 71 of 2008
• Consumer Protection Act 68 of 2008
• Tax Administration Act 28 of 2011
Records kept in terms of the above legislation may, in certain instances (and insofar as the information contained therein is of a public nature) be available for inspection without a person having to request access thereto in terms of the Act.
Information Held By Garlicke And Bousfield
Company secretarial and legal records:
• Memorandum and Articles of Association
• Annual Financial Statements
• Records relating to appointment of directors and auditors
• Statutory registers and records
• Minute book of directors’/shareholders meetings and resolutions
• Contracts and agreements.
Financial Records:
• Electronic Accounting records
• Taxation records
• Asset registers
• Annual financial statements
• Banking records (relating to business and trust accounts held)
Operational Documents and Records:
• Operating procedure manuals
• Internal phone lists
• Address lists
• Company policies
• Directives to staff
• Minutes of meetings
• General housekeeping information
• Commercial Contracts
• Client data base (consisting of personal client details, commercial and financial information, information relating to agreements, proposals and intellectual and other property rights of clients)
• Employment contracts
• Employment Equity Report
• Skills Development Report
• Human Resource Information (including internal policies and procedures)
• Garlicke & Bousfield, employee records
• Personal information relating to past, present and prospective employees and directors
• Insurance policies
• Rules and regulations relating to the pension fund and/or provident fund
• Information relating to Garlicke & Bousfield marketing, business plans, systems and procedures
• Requisitions, permits, licences, authorisations, approvals, applications, consents required for the day to day running of Garlicke & Bousfield
• Records relating to information technology (hardware, software and data collection and storage)
• Rules and regulations relating to the medical aid and Pension Fund
• Marketing records
Human Resources:
• Employee records
• Employment contracts
• Payroll records
• Employment equity records
• UIF records
• Medical aid records
• Pension Fund records
Legal services:
Client matter/trust records
Communications:
Correspondence between persons within and without Garlicke & Bousfield not covered by the records described above.
Website:
Garlicke & Bousfield’s website is www.gb.co.za and is accessible to anyone who has access to the Internet. The website contains various categories of information relating to the firm, including areas of expertise; legal services; specialist fields; editorials; literature; careers; directors’ resumes; and contact details.
Other Sources of Information:
Garlicke & Bousfield maintains a library containing books, periodicals and other publications of a legal and/or commercial nature.
The request procedures
It should be noted that any and all records, whether specifically listed herein or not, shall only be made available subject to the provisions of the Act.
Form of request
• The requester must use the prescribed form to make the request for access to a record. This must be made to the Information Officer. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].
• The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and specify a postal address or fax number in the Republic. The requester should also indicate if, in addition to a written reply, any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c) and (e)].
• The requester must identify the right that is sought to be exercised or protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2)(d)].
• If a request is made on behalf of another person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body [s 53(2)(f)].
Fees
• A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee:
• The Information Officer must by notice require the requester (other than a personal requester) to pay the prescribed request fee (if any) before further processing the request [s 54(1)].
• The fee that the requester must pay to a private body is R50. The requester may lodge an application to the court against the tender or payment of the request fee [s 54(3)(b)].
• After the Information Officer has made a decision on the request, the requester must be notified in the required form.
• If the request is granted then a further access fee must be paid for reproduction and for search and preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].
It should be noted that any and all records, whether specifically listed herein or not, shall only be made available subject to the provisions of the Act.
Form of request
• The requester must use the prescribed form to make the request for access to a record. This must be made to the Information Officer. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].
• The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and specify a postal address or fax number in the Republic. The requester should also indicate if, in addition to a written reply, any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c) and (e)].
• The requester must identify the right that is sought to be exercised or protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2)(d)].
• If a request is made on behalf of another person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body [s 53(2)(f)].
Fees
• A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee:
• The Information Officer must by notice require the requester (other than a personal requester) to pay the prescribed request fee (if any) before further processing the request [s 54(1)].
• The fee that the requester must pay to a private body is R50. The requester may lodge an application to the court against the tender or payment of the request fee [s 54(3)(b)].
• After the Information Officer has made a decision on the request, the requester must be notified in the required form.
• If the request is granted then a further access fee must be paid for reproduction and for search and preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].
Other Information As May Be Prescribed Under Section 51(1)(F)
The Minister of Justice and Constitutional Development has to date not made any regulations in this regard.
Availabilty Of Manual Under Section 51(1)(F)
• This Manual is available for inspection by the general public upon request, during office hours and free of charge, at the offices of Garlicke & Bousfield. Copies of the Manual may be made, subject to the prescribed fees.
• Copies may also be requested from the South African Human Rights Commission and the Government Gazette.
• The Manual is also posted on Garlicke & Bousfield’s website referred to above.
Prescribed Forms And Fee Structure In Respect Of Private Bodies
The forms and fee structure prescribed under the Act are available from the Government Gazette, or at the website of the Department of Justice and Constitutional Development www.doj.gov.za, under the “regulations” section as well as the SAHRC website www.sahrc.org.za.
