PART III ACCESS TO RECORDS OF GOVERNMENTAL BODIES CHAPTER 1 RIGHT AND MANNER OF ACCESS Right of access to records 10. (1) Subject to this Act, a person shall, on request, be given access to any record of a governmental body. (2) Subsection (1) shall apply notwithstanding any other law restricting or prohibiting the disclosure of a record or authorising the withholding of a record whether or not such other law came into force before or after the commencement of this section. [(3) Where the disclosure of a record of a governmental body is restricted or prohibited or the withholding of a record of a governmental body is authorised by or under any other law, the provisions of this Act shall not be construed so as to authorise the disclosure of the record otherwise than in accordance with this Act.] ([4]3) Nothing in this Act shall prevent a governmental body or any of its organs from - (a) giving access to a record; or (b) correcting personal information, other than as required by this Act, where the body or organ is permitted or required to do so by or under any law. Form of requests 11. (1) A request for access to a record of a governmental body shall - (a) be made orally or in writing to the information officer of the body at his or her address, phone or fax number or electronic mail address; (b) provide sufficient particulars to enable an official of the governmental body to identify the record; (c) if a particular form of access described in section 23 is preferred, indicate that form; (d) state whether the record in question is preferred in a particular official language; (e) state the purpose for which access is sought and, if applicable, include the prescribed request fee referred to in section 15(2); (f) specify a postal address or fax number, and, if the request includes an urgency application referred to in section 18(2), a phone number, for the requester in the Republic; [and] (g) [state the manner in which] if, in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, state that manner and the necessary particulars to be so informed; and (h) in the case of a request for access to a record containing personal information, state the capacity in which the requester is making the request and include - (i) the requester's identity document or a certified copy thereof; or (ii) any other proof of the requester's identity to the satisfaction of the information officer of the body. (2) If a request for access is made orally to the information officer of a governmental body, the information officer shall reduce such request to writing and shall - (a) [in the case of] where the request is made in person, provide a copy thereof to the requester; or (b) [in the case of] where the request is made telephonically, send a copy thereof to the requester. (3) On receiving a request (other than an oral request) for access to a record, the information officer of the governmental body concerned shall as soon as reasonably practicable but in any event within 14 days after the request is received, notify the requester that the request has been received. (4) A request for access to a record containing personal information may be made - (a) by the individual to whom the personal information relates or his or her authorised representative; (b) if the individual referred to in paragraph (a) is - (i) under the age of 16 years, by a person having parental responsibility for the individual; (ii) incapable of managing his or her affairs, by a person appointed by the court to manage those affairs; (iii) deceased, by the personal representative of the individual. Duty to assist requesters 12. (1) If a requester informs the information officer of a governmental body that he or she wishes to make a request for access to a record of that governmental body or another governmental body, the information officer shall render such assistance, free of charge, as may be necessary to enable the requester to comply with section 11(1). (2) Where a [person] requester has made a request for access to a record of a governmental body that does not comply with section 11(1), the information officer of the governmental body shall not refuse the request because of such non-compliance unless the information officer has - (a) notified the [person] requester of an intention to refuse the request and stated in the notice - (i) the reasons for the contemplated refusal; and (ii) that the information officer or another official identified by the information officer would assist the requester [or identified another official of the governmental body to assist the requester], in order to make the request in a form that would remove the ground for refusal; (b) given the requester a reasonable opportunity to seek such assistance; (c) as far as practicable, furnished the [person] requester with any information, including information about the records (other than [records] information that may be withheld in terms of this Act) held by the body which are relevant to the request, that would assist the making of the request in such a form; and (d) given the [person] requester a reasonable opportunity to confirm the request or alter it to comply with section 11(1). (3) When computing the period of 30 days referred to in section 17(1), the period commencing on the date on which notice is given under subsection (2) and ending on the date on which the person confirms or alters the request shall be disregarded. (4) Where the information officer of a governmental body receives a request for access to a record and it is apparent upon receipt of the request that it should have been directed to another governmental body, the information officer shall - (a) render such assistance as may be necessary to enable the person to direct the request; or (b) transfer the request in accordance with section 13, to the information officer of the appropriate governmental body. (5) If a person is assisted by an information officer in terms of subsection (4)(a) to direct his or her request to another information officer, the period of 30 days referred to in section 17(1) shall be computed from the date the request is received by the other information officer. Transfer of requests 13. (1) Where a request for access to a record is made to the information officer of a governmental body and - (a) the record is not in the possession or under the control of that body but is in the possession of another governmental body; [or] (b) the subject-matter of [which] the record is more closely connected with the functions of another governmental body than those of the governmental body of the information officer to whom the request is made; or (c) the record contains commercial information contemplated in section 36(2) in which any other governmental body has a greater commercial interest, the information officer to whom the request is made shall promptly, but not later than 14 days after the request is received - (i) transfer the request to the information officer of the other governmental body or, if there is in the case of paragraph (c) more than one other governmental body having a commercial interest, the other governmental body with the greatest commercial interest; and (ii) if [it is necessary] the governmental body of the information officer to whom the request is made, is in possession of the record and considers it helpful to do so in order to enable the information officer of the other governmental body to deal with the request, send the record or a copy of the record to that information officer. (2) Where a request for access to a record is made to the information officer of a governmental body and - (a) the record is not in the possession or under the control of that body and the information officer does not know which governmental body has possession or control of the record; (b) the subject-matter of the record is not closely connected to the functions of that body and the information officer does not know whether the record is more closely connected with the functions of another governmental body than those of the governmental body of the information officer to whom the request is made; and (c) the record - (i) was created by or for another governmental body; or (ii) was not so created by or for any governmental body, but was received first by another governmental body, the information officer of the governmental body to whom the request is made, shall promptly but not later than 14 days after the request is received, transfer the request to the information officer of the governmental body - (i) by or for which the record was created; or (ii) which received it first, as the case may be. (3) If a request which is to be transferred in terms of subsection (1) or (2) includes an urgency application referred to in section 18(1), the request shall [not later than seven days] be so transferred immediately or, if that is not reasonably practicable, within five days after it is received. (4) Upon the transfer of a request in terms of subsection (1) or (2), the information officer making the transfer shall promptly notify the requester of - (a) the transfer; (b) the reasons for the transfer; and (c) the period within which the request should be dealt with[, is 30 days after it is so transferred]. Preservation of records pending decision on request, complaint and appeal 14. Where the information officer of a governmental body has received a request for access to a record of the body, the head of the body shall take [the] such steps [that] as are reasonably necessary to preserve the record, without deleting any information contained in it, until the information officer has notified the requester of [its] his or her decision in terms of section 17 and - (a) the periods for lodging an internal appeal with the head of the governmental body or an appeal with the Information Court have expired; or (b) any such internal appeal, complaint or appeal has been finally determined, whichever is the later. Payment of request fee 15. (1) For the purposes of this section and section 85(3), access to a record is not sought in order to further a commercial interest if the record - (a) contains personal information about the requester; or (b) is sought for the purpose of - (i) gathering news for the production of, or disseminating news by, a broadcast, publication or newspaper or other similar periodical; (ii) education or academic research by an educational or non-profit research body or a member or employee of that body in his or her capacity as such; or (iii) legal proceedings to which the requester is or may be a party. (2) Where a requester is seeking access to a record in order to further a commercial interest, he or she shall be liable to pay the prescribed request fee. (3) Where - (a) the information officer of a governmental body to whom a request for access to a record is made, is of the reasonable opinion that the requester is seeking access to the record in order to further a commercial interest; and (b) the requester has not paid the prescribed request fee, the information officer shall by notice require the requester to pay the prescribed request fee and in that notice state that the requester may lodge an internal appeal with the head of the governmental body [within 30 days after notice is given], or a complaint with the Public Protector, about the payment of the request fee, and the procedure for lodging such an appeal and a complaint. (4) If the prescribed request fee is payable in respect of a request, the decision on the request in terms of section 17 may be deferred until that fee is paid. Payment of deposit 16. (1) Where the search for a record in respect of which a request for access was made or the preparation of the record for disclosure would, in the reasonable opinion of the information officer concerned require - (a) in the case of a requester contemplated in section 22(4), more than 30 hours; or (b) in any other case, more than six hours, the information officer may by notice require the requester to pay the prescribed portion (being not more than one third) of the access fee which would be payable if the request is granted as a deposit. (1A) No deposit shall be payable in respect of a request for access to a record that contains personal information about the requester. (2) The notice referred to in subsection (1) shall state - (a) the amount of the deposit; and (b) that the requester may lodge an internal appeal with the head of the governmental body, or a complaint with the Public Protector, against payment of a deposit or the amount thereof, and the procedure for lodging such an appeal and a complaint. (3) If a deposit is payable in respect of a request, the decision on the request in terms of section 17 may be deferred until that deposit is paid. (4) If a deposit has been paid in respect of a request which is [granted in terms of section 42] refused, the information officer shall repay the deposit to the requester. (5) If a request for access to a record is made by a member of Parliament, a provincial legislature or the council of a local government body in connection with the member's official duties, no deposit shall be payable in respect of the request. Decision on request and notice thereof 17. (1) The information officer of a governmental body to whom a request for access to a record is made or transferred, shall, subject to sections 18 and 19 and Chapter 3 - (a) in the case of a request for access to a record containing personal information about the requester, [if] as soon as reasonably practicable, but in any event, within 21 days[, but in any event, within 30 days]; or (b) in any other case, as soon as reasonably practicable, but in any event, within 30 days, after the request is received or transferred - (i) decide in accordance with this Act whether or not to grant the request; and (ii) give notice to the requester of the decision and, if the requester stated under section 11(1)(g) that he or she wishes to be informed in any other manner, inform him or her in that manner if it is reasonably practicable. (2) The notice given in terms of subsection (1) shall, if the request - (a) is granted, state - (i) the access fee (if any) to be paid upon access; (ii) the form in which access will be given; and (iii) that the requester may lodge an internal appeal with the head of the governmental body, or a complaint with the Public Protector, against the access fee to be paid or the form of access granted, and the procedure for lodging such an internal appeal and a complaint; (b) is refused, state - (i) the findings on any material questions of fact, referring to the material on which those findings were based; (ii) the reasons for the refusal (including the provision of this Act relied upon to justify the refusal) in such manner [so] as to enable the requester to understand the justification for the refusal and make an informed decision about whether to lodge an internal appeal with head of the body or a complaint with the Public Protector as contemplated in subparagraph (iii); and (iii) that the requester may lodge an internal appeal with the head of the governmental body, or a complaint with the Public Protector, against the refusal of the request, and the procedure for lodging such an internal appeal and a complaint. Urgent requests 18. (1) A requester who wishes [his or her request for] to obtain access to a record [to be given on an urgent basis] urgently shall include an application to that effect in the request (in this section referred to as an urgency application), and give reasons for the urgency. (2) If a request for access to a record includes an urgency application, the information officer of the governmental body concerned shall, subject to Chapter 3, immediately or, if that is not reasonably practicable, within five days, after the request has been received or transferred decide on the request, and give notice of the decision, as required by section 17(2)(a), [on an urgent basis] unless the information officer is satisfied on reasonable grounds that - (a) the nature of the reasons for the urgency furnished by the requester is such that the requester will suffer no prejudice if the request is decided upon within the period [of 30 days referred to] contemplated in section 17(1); or (b) it is impractical to decide on the request [on an urgent basis] within five days after the request has been received or transferred. (3) If the information officer of a governmental body refuses an urgency application on [reasonable] the grounds [as contemplated] mentioned in subsection (2)(a) or (b), he or she shall, [on an urgent basis] immediately or, if that is not reasonably practicable, within five days after the request concerned has been received or transferred, give notice to the requester of the refusal and state in the notice - (a) the findings on any material questions of fact, referring to the material on which those findings were based; (b) the reasons for the refusal (including the provision of this section relied upon to justify the refusal) in such manner [so] as to enable the requester to understand the justification for the refusal and make an informed decision about whether to lodge an internal appeal with the head of the [governmental] body,[or] a complaint with the Public Protector as contemplated in paragraph (c) or an appeal with an Information Court; and (c) that the requester may lodge an internal appeal with the head of the governmental body, [or] a complaint with the Public Protector or an appeal with an Information Court, against the refusal of the urgency application, and the procedure for lodging such an internal appeal, a complaint or an appeal. (4) If the notice of a decision in terms of subsection (2) or (3) is not given by fax but by post, the requester shall be informed by phone of the decision concerned. Extension of period to deal with request 19. (1) Subject to subsection (3), the information officer of a governmental body to whom a request for access to a record has been made or transferred, may extend the period of 30 days referred to in section 17(1) (in this section referred to as the original period of 30 days) once for a further period of not more than 30 days if - (a) the request is for a large number of records [and] or requires a search through a large number of records and compliance with the original period of 30 days would unreasonably interfere with the operations of the governmental body; (b) the request requires a search for records in, or collection thereof from, an office of the governmental body not situated in the same town or city as the office of the information officer that cannot reasonably be completed within the original period of 30 days; or (c) consultation among divisions of the governmental body or with another governmental body is necessary to decide upon the request and cannot reasonably be completed within the original period of 30 days. (2) Where notice of a request is required to be given to a third party [pursuant to] in terms of section 44(1), the original period of 30 days shall, subject to subsection (3), be extended for a further period of 30 days. (3) Where the original period of 30 days is extended in terms of subsection (1) or (2), the information officer of the governmental body concerned shall, within 30 days after the request is received or transferred, give notice to the requester of such extension and state therein - (a) the period of the extension; and (b) the reasons for the extension (including the provision of this Act relied upon to justify the refusal) in such manner as to enable the requester to understand the justification for the extension and, in the case of an extension under subsection (1), to make an informed decision about whether to lodge an internal appeal with head of the body or a complaint with the Public Protector as contemplated in paragraph (c)); and (c) in the case of an extension under subsection (1), state that the requester may lodge an internal appeal with the head of the governmental body, or a complaint with the Public Protector, against the extension, and the procedure for lodging such an internal appeal and a complaint. Deemed refusal of request 20. (1) Where the information officer of a governmental body fails to give his or her decision on a request for - (a) access to a record within the period contemplated in section 17(1); or (b) correction of personal information within the period contemplated in section [25]49C(5), the information officer shall, for the purposes of this Act, be deemed to have refused the request. (2) Where the head of a governmental body fails to decide on an internal appeal within the period contemplated in section 87(1), the head of the body shall, for the purposes of this Act, be deemed to have dismissed the internal appeal. Severability 21. (1) Notwithstanding any other provision of this Act, where a request is made for access to a record [which is intended to be refused] containing information that may be withheld under section 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 or 40 [by reason of information contained in the record], every part of the record which - (a) does not contain; and (b) can reasonably be severed from any part that contains, any such information, shall be disclosed. (2) Access shall be given to the part or parts of a record required to be disclosed in terms of subsection (1) by making a copy of the record after the deletion of such information. (3) For the avoidance of doubt, if a request for access to - (a) a part of a record is granted; and (b) the other part of the record is refused, as contemplated in subsection (1), the provisions of section 17(2)(a), subject to subsection (2) of this section, shall apply to paragraph (a) and the provisions of section 17(2)(b) to paragraph (b). Access fees 22. (1) [No] A requester whose request for access to a record has been granted shall be given access to the record [until] only if he or she has paid the access fee payable in respect of the request. (2) Regulations made in respect of access fees under section 126(b) shall - [(a) be made after consultation with the Minister of Finance; and (b)] prescribe a reasonable access fee for - ([i]a) the cost of making a copy of a record, or of a transcription of the content of a record, as contemplated in section 23(2) (in this section referred to as an access fee for reproduction); or ([ii]b) the time reasonably required to search for the record and prepare (including making any arrangements as contemplated in section 23(2)) the record for disclosure to the requester (in this section referred to as an access fee for search and preparation). (3) Where a record in respect of which a request for access was made, contains personal information about the requester, he or she shall pay an access fee for reproduction only. (4) Where the requester (other than a requester contemplated in subsection (3)) has stated in his or her request for access to a record that access to the record is required for the purpose of - (a) gathering news for the production of, or disseminating news by, a broadcast, publication or newspaper or other similar periodical; (b) education or academic research by an educational or non-profit [scientific] research body or a member or employee of that body in his or her capacity as such; or (c) legal proceedings to which the requester is or may be a party, the requester shall, unless the information officer concerned is of the reasonable opinion that the access is sought for a different purpose, be liable to pay an access fee for reproduction, search and preparation for any time reasonably required in excess of [10] 24 hours to search for and prepare the record (whichever is applicable). (5) [Where a requester is not liable to pay an access fee in terms of] In any case not covered by subsection (3) or (4), [he or she] the requester shall be liable to pay an access fee for reproduction, search and preparation. (6) Where a request for access to a record is made by a member of Parliament, a provincial legislature or the council of a local government body in connection with the member's official duties, no [an] access fee shall be payable in respect of the request. Access and forms of access 23. (1) Where a requester to whom notice has been given in terms of section 17(1) that his or her request for access to a record [was] has been granted in terms of this Act, the requester shall - (a) if an access fee is payable, upon payment of that fee; or (b) if no access fee is payable, immediately, be given access in one or more of the forms mentioned in subsection (2) and in the language contemplated in section 24. (2) Access to a record in terms of this Act shall be given to the requester concerned in one or more of the following forms: (a) If the record is in written or printed form, by supplying a copy of the record or by making arrangements for the inspection of the record; (b) if the record is not in written or printed form - (i) in the case of a record from which visual images or printed transcriptions of those images are capable of being reproduced by means of equipment which is ordinarily available to the governmental body concerned, by making arrangements to view those images or be supplied with copies or transcriptions of them; (ii) in the case of a record in which words or information are recorded in [a] such manner that they are capable of being reproduced in the form of sound by equipment which is ordinarily available to the governmental body concerned - (aa) by making arrangements to hear those sounds; or (bb) where the governmental body is capable of producing a written or printed transcript of those sounds by the use of equipment which is ordinarily available to it, by supplying such a transcript; (iii) in the case of a record which is held on computer, or in electronic or machine-readable form, and from which the governmental body is capable of producing a printed copy of the record, or part of it, or of information derived from it by using computer equipment and expertise ordinarily available to the governmental body concerned, by supplying such a copy; (iv) in the case of a record available in computer readable form, or capable of being made available in computer readable form, by supplying a copy in that form; (v) in any other case, by supplying a copy of the record. (3) Subject to section 21, if a requester has requested access in a particular form, access shall be given in that form, unless to do so would - (a) interfere unreasonably with the effective administration of the governmental body concerned; (b) be detrimental to the preservation of the record; or (c) amount to an infringement of copyright not [being] owned by the State or the governmental body concerned [and subsisting in material contained in the record]. (4) Where a requester has requested access in a particular form and, for a reason mentioned in subsection (3), access in that form is refused but access is given in another form, the fee charged (if any) shall not exceed what would have been charged if the requester had been given access in the form requested. (5) Where a requester with a visual or auditory disability is prevented by that disability from reading, viewing or listening to the record concerned in the form in which it is held by the governmental body concerned, the information officer of the body shall, if the requester so requests, take reasonable steps to make the record available to the requester in a form in which it is capable of being read, viewed or heard by the requester. (6) If information is made available to a requester in accordance with subsection (5), the requester shall not be required to pay an access fee which is more than the fee which the requester would otherwise have been required to pay but for the disability. (7) If a record is made available in terms of this Act to a requester for inspection, viewing or hearing he or she may make copies of, or transcribe extracts from, the record using his or her own equipment, unless to do so would - (a) interfere unreasonably with the effective administration of the governmental body concerned; (b) be detrimental to the preservation of the record; or (c) amount to an infringement of copyright not [being] owned by the State or the governmental body concerned [and subsisting in material contained in the record]. (8) If a record is required by this Act to be supplied to a requester, the record shall, on his or her request, be supplied by posting it to him or her. Language of access 24. Where access to a record is to be given to a person in terms of this Act and the person requests that access be given in a particular official language - (a) access shall be given in that language, if the record exists in that language; or (b) if the record does not exist in that language, the information officer of the governmental body concerned shall[, where possible,] cause it to be translated into that language, unless to do so would interfere unreasonably with the effective administration of the governmental body. [Correction of personal information 25. (1)(a) For the purposes of this section and section 26 "inaccurate" means incorrect, incomplete, misleading or not relevant to the purpose for which the record is held. (b) A record may be corrected in terms of this section by amending, supplementing or, subject to subsection (6), by deleting the inaccurate information. (2) Where a record containing personal information held by a governmental or private body is inaccurate, the information officer of the governmental body or chief executive officer of the private body shall, on request of the individual to whom the information relates, correct the information. (3) A request for correction shall - (a) be made orally or in writing to the information or chief executive officer of the body at his or her address, phone or fax number or electronic mail address; (b) provide sufficient particulars to enable an official or employee of the body to identify the record which contains the information that the requester regards as inaccurate; (c) specify the respect in which the requester regards the information as inaccurate; and (d) specify a postal address or fax number for the requester in the Republic. (4) Sections 12, 13, 14, 18 and 19 shall apply, with the necessary modifications, to a request for correction of personal information held by a governmental body. (5) The information officer of a governmental body to whom a request for correction of personal information is made or transferred, shall, subject to sections 18 and 19(1), read with subsection (4) of this section, within 30 days after the request is received or transferred, decide whether the information identified in the request is inaccurate, and if so - (a) correct the information and supply a copy of the part of the record containing the correction to the requester; (b) determine, so far as possible, whether the inaccurate information is in any other record of the governmental body and, if it is, make the same correction on the other record; (c) determine, so far as possible, whether the inaccurate information has been supplied by the governmental body to any other governmental body or person and notify any such governmental body or person of the correction which it has made; and (d) supply to the requester a copy of each notice which it gives in terms of paragraph (c). (6) Where the information officer of a governmental body decides upon a request for correction to delete information contained in a record, he or she shall, before making the deletion - (a) make a copy of the part of the record to be deleted; (b) make a note on that copy of the fact of the deletion to be made in the original record; and (c) retain such copy. (7) A governmental body or a person who has been notified in terms of subsection (5)(c) that such governmental body or person has been supplied with inaccurate information shall, within 30 days after being so notified, correct that information and notify the individual to whom the information relates that the correction has been made. (8) Where the information officer of a governmental body decides that the information referred to in a request for correction of personal information is accurate the information officer shall, free of charge and within 30 days after the request is received or transferred - (a) make a note in the record as near as possible to the point where the information appears - (i) of decision of the information officer that the information was accurate; (ii) that the accuracy of the information is disputed by the requester; and (iii) that the request is attached to the record, and attach the request to the record; (b) notify the requester - (i) of the decision that the information is accurate; (ii) that a note was made on the record as described in paragraph (a); (iii) that he or she may lodge an internal appeal with the head of the governmental body, or a complaint with the Public Protector, against the decision that the information is accurate, and supply a copy of the note to the requester; (c) take such steps as are necessary in the circumstances to enable the requester to provide a statement of any further reasons why he or she considers the information to be inaccurate; and (d) unless the information officer on reasonable grounds considers the statement irrelevant, defamatory or unnecessarily voluminous, attach the statement so provided to the record. (9) Where a record containing personal information has been corrected in terms of subsection (5) or (7), any disclosure or use of the record after such correction shall be in its corrected form. Compensation for inaccuracy 26. Where an individual has suffered damage by reason of inaccurate information held by a governmental or private body about that individual, he or she will be entitled to have recourse in accordance with the law.] Reports to Commission 27. The head of each governmental body shall annually submit to the Commission a report stating in relation to the governmental body - (a) the number of requests for access to records; (b) the number of those requests for access granted in full; (c) the number of those requests for access granted pursuant to section 42; (d) the number of requests for access refused in full and refused partially, the number of times each provision of the Act relied on to refuse access was invoked to justify refusal in full and partial refusal; (e) the number of requests for correction of personal information and the number of cases in which some or all of the personal information concerned was corrected; (f) the number of cases in which an extension of the period stipulated in section 17(1) or [25]49C(5) was made under section 19(1) or that section, read with section [25]49C(4), respectively; (g) the number of urgency applications [for an urgent decision on a request for access to a record] made under section 18[, and for correction of personal information under section 18, read with section 25(4)], and the number of cases in which it was granted; (h) the number of internal appeals lodged with the head of the body and the number of cases in which, as a result of an internal appeal, access was given to a record or a part thereof or a correction of inaccurate personal information was made; (i) the number of internal appeals which were lodged on the ground [of] that a request for access to a record or correction of personal information was deemed to have been refused in terms of section 20(1); (j) the number of appeals to an Information Court which were lodged on the ground [of] that an internal appeal was deemed to have been dismissed in terms of section 20(2); (k) the number of urgency applications [for an urgent decision on an internal appeal] made under section 88, and the number of cases in which it was granted; and (l) [any] such other matters as may be prescribed.