Government Gazette

Vol. 421, No. 21362, 7 July 2000

GENERAL NOTICE

Notice 2555 of 2000

PROMOTION OF ACCESS TO INFORMATION ACT, 2000 (ACT NO. 2 OF 2000)

INVITATION TO MAKE SUBMISSIONS REGARDING PROPOSED COMMENCEMENT OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000 (ACT No. 2 OF 2000) AND PROMULGATION OF REGULATIONS

1. 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.

2. 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. 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.

4. Public and private bodies are also reminded that the following actions should be attended to:

1. The appointment of deputy information officers to alleviate the burden of information officers and to ensure that access is rendered within the prescribed periods.
2. The possible training of information officers and deputy information officers.
3. 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.

5. Comment on -

1. the draft regulations;
2. the viability of the incremental approach envisaged to put the Act into operation; and
3. 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.

Please submit your comment on or before 31 July 2000 to:

The Director: Secondary Legislation
Department of Justice
Private Bag X 81
Pretoria
0001

or

Room 403
Saambou Building
Church Square
Pretoria

or

Fax to (012) 328 5567

SCHEDULE

PROMOTION OF ACCESS TO INFORMATION ACT, 2000

DRAFT REGULATIONS RELATING TO THE PROMOTION OF ACCESS TO INFORMATION

Definitions

1. In these Regulations any word or expression to which a meaning has been assigned in the Act shall bear that meaning and, unless the context otherwise indicates -

"the Act" means the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000);

Form of request

2. 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.

Fees for records of public body

3. (1) The request fee payable by every requester, other than a personal requester, referred to in section 22(1) of the Act is R.................

(2) The access fees payable by a requester referred to in section 22(7) of the Act, unless exempted under section 22(8) of the Act, are as follows:

(3) A postal fee of R is payable when a copy of a record must be sent to a requester.

(4) For purposes of section 22(2) of the Act -

1. six hours as the hours to be exceeded before a deposit is payable; and
2. one third of the access fee is payable as a deposit by the requester.

Form of request

4. 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.

Fees for records of private body

5. (1) The request fee payable by a requester, other than a personal requester, referred to in section 54(1) of the Act is R

(2) The access fees payable by a requester referred to in section 54(7) of the Act, unless exempted under section 54(7) of the Act, are as follows:

(3) A postal fee of R is payable when a copy of a record must be sent to a requester.

(4) For purposes of section 54(2) of the Act -

1. six hours as the hours to be exceeded before a deposit is payable: and
2. one third of the access fee is payable as a deposit by the requester.

Notice of internal appeal

6. 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.

Appeal fees

7. 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, is R......................

ANNEXURE
FORM A

REQUEST FOR ACCESS TO RECORD OF PUBLIC BODY
(Section 18(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000))
[Regulation 2]

1. Particulars of public body

The Information Officer/Deputy Information Officer:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

2. Particulars of person requesting access to the record

Full names and surname: _______________________________________________________
_____________________________________________________________________________

Identity number: _______________________________________________________________

Postal address: _______________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
___________________________________ Fax number: ______________________________

Contact telephone number: __________________ E-mail address: ______________________

Capacity in which request is made, when made on behalf of another person: ______________
_____________________________________________________________________________

3. Particulars of person on whose behalf request is made

Full names and surname:________________________________________________________
_____________________________________________________________________________

Identity number:_______________________________________________________________

4. Particulars of record

1. Description of record or relevant part of the record: ______________________________________

________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

2. Reference number, if available: ______________________________________________________

3. Any further particulars of record: _____________________________________________________

________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

5. Fees

Reason for exemption from payment of fees: ___________________________________________
________________________________________________________________________________
________________________________________________________________________________

6. Form of access to record