Government Gazette, No.
PROMOTION OF ACCESS TO INFORMATION ACT, 2000 (ACT No.
The Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (the Act), gives effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights. In General Notice 1813 published in Gazette No. 21146 of l 2 May 2000 interested parties were invited to submit requests or suggestions regarding the implementation of certain provisions of the Act.
It is now intended to put the Act, with the exception of sections 10, 14, 15, 16, 19, 51 and 52, into operation as soon as possible. At this stage the intended date for commencement is 15 September 2000. The outstanding sections will be put into operation as soon as possible thereafter and after certain outstanding issues, for instance the formulation of regulations in terms of those sections, have been addressed.
3.1 In order to ensure effective implementation of the Act, as proposed in paragraph 2 above, regulations must be promulgated for purposes of sections 18 and 53 which provide for the form of request for access to records, sections 22 and 54 which provide for the request and access fees and section 75 which provides for notice of appeal and appeal fees.
3.2 Draft regulations to give effect to the aforementioned sections are as set out in the Schedule hereto for comment. At this stage the amounts of the fees are not reflected in the draft regulations and motivated suggestions in this respect will be appreciated. The draft regulations will be finalised after the evaluation of comment received and will be promulgated simultaneously with the commencement of the Act. Due to the short period allowed to submit comment on the draft regulations, the regulations to be published will be regarded as interim regulations. Proper consultation will take place after the remaining regulations (in terms of those sections which will not commence on 15 September 2000) have been drafted.
The appointment of deputy information officers to alleviate the burden of information officers and to ensure that access is rendered within the prescribed periods.
The possible training of information officers and deputy information officers.
Depending on the number of internal appeals it may be necessary for the relevant authority (for instance a Minister) to delegate his or her powers.
Comment on a.
the viability of the incremental approach envisaged to put the Act into operation; and c.
the proposed date of commencement, will be appreciated. If no response is received by the closing date it will be deemed that you agree with our proposals.
"the Act" means the Promotion of Access to Information Act, 2000 (Act No.
A request for access to a record, contemplated in section 18(1) of the Act, must be made in the form of Form A of the Annexure.
The request fee payable by every requester, other than a personal requester, referred to in section 22(1) of the Act is R.
A postal fee of R is payable when a copy of a record must be sent to a requester.
For purposes of section 22(2) of the Act 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.
a. For every photocopy of an A4-size page or part thereof.
b. For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form.
c. For a copy in a computer readable form on i. ii. stiffy disk compact disk.
d. (i) For a transcription of visual images (ii) For a copy of a transcription of visual images.
e. (i) For a written transcription of an audio reproduction (ii) For a printed transcription of an audio reproduction.
f. i. aa. bb. On any request to inspect any written or printed record if the correct reference number is furnished if an incorrect or no reference number is furnished.
ii. iii. view a record of visual images listen to words or information recorded and and reproduced in the form of sound.
g. To search for the record and prepare the record for disclosure, R for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation.
A request for access to a record, contemplated in section 53(1) of the Act, must be made in the form of Form B of the Annexure.
For purposes of section 54(2) of the Act a.
six hours as the hours to be exceeded before a deposit is payable: and b.
c. i. ii. For a copy in a computer readable form on stiffy disk compact disk.
Notice of an internal appeal, contemplated in section 75(1) of the Act, must be lodged in the form of Form C of the Annexure.
The appeal fee payable in respect of the lodging of an internal appeal by a requester against the refusal of his or her request for access, contemplated in section 75(3)(a) of the Act, isR.
(Section 18(1) of the Promotion of Access to Information Act, 2000 (Act No.
The name and postal or street address, fax number or e-mail address of the information officer must be stated below.
The particulars of the person who requests access to the record must be recorded below.
Furnish an address and/or fax number in the Republic to which information must be sent.
Proof of the capacity in which the request is made, if applicable, must be attached.
This section must only be completed if a request for information is made on behalf of another person.
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.
If the space provided for is insufficient to complete this section, please continue on a separate folio and attach it to this form. The requester must sign all the Additional folios.
A request for access to the record will only be processed after a request fee has been paid, unless you are exempted from paying such fee.
You will be notified of the amount required to be paid as the request fee.
2. 3. Mark the appropriate box with an "X". NOTES: Your indication as to the required form of access depends on the form in which the record is available. 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.
If record consists of visual images (this includes photographs, slides, video recordings, computer generated images, sketches, etc.
Mark your choice below. REMEMBER: If you require a record to be posted to you, you will have to pay a postal fee.
If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you YES N?
Note that if the record is not available in the language you prefer, access may be granted in the language in which the record is available.
In which language would you prefer the record?
You will be notified in writing whether your request has been approved. If you wish to be informed thereof 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?
(Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No.
The name and postal or street address, fax number or e-mail address of the head of the private body must be stated below.
If the space provided for is insufficient to complete this section, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
The fee payable for access to the record depends on the form in which access is required. In such a ease you will be informed if access will tee "ranted in another form. The fee payable for access to the record, if any, will partly be determined by the form in which access is requested.
(Section 75 of the Promotion of Access to Information Act, 2000 (Act No.
NOTE: A person who lodges an internal appeal may have to pay an appeal fee. If an appeal fee is payable, the decision of the internal appeal may be deferred until the fee is paid.
The particulars of the person who is lodging the internal appeal, must be completed below.
Proof of the capacity in which appeal is lodged, if applicable, must be attached.
If the appellant is a third person and not the person who originally requested the information, the particulars of the requester must be stated at C below.
This section must ONLY be completed if a third party (other than the requester) is lodging the internal appeal.
Refusal of request for access.
Decision regarding fees determined in terms of section 22 of the Act.
Decision regarding the extension of the period within which 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 deny access in the form as requested by the requester.
Decision to grant request for access.
If the space provided for is insufficient to complete this section, please continue on a separate folio and attach it to this form. You must sign all the additional folios.
You will be notified in writing of the decision on your internal appeal. If you wish to be informed thereof in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.
(state rank, name and surname of information officer) Appeal accompanied by the reasons for the deputy information officer's decision and, where applicable, the particulars of any third party to whom or which the records relates to, submitted by deputy information officer on (date) to the relevant authority.