PAIA Manual

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:

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