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Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)

Board Notices

Promotion of Access to Information Manual in terms of Section 14 of the Promotion of Access to Information Act 2 of 2000

A. Particulars in terms of Section 14 of the Act

5. Procedures to request Access to Information/Records [Section 14(1)(d)]

 

5.1 Any person, whether natural or juristic, may make a request under the Act for access to information.

 

5.2 The requester may make a request on his/her behalf or on behalf of any other person.

 

5.3 The requester must use the prescribed form, attached hereto under Part C and marked Form A, to make a request for access to information.

 

5.4 The request must include the following minimum information:

 

INFORMATION REQUIRED

DESCRIPTION

Details of the requester

Enough information about the requester so as to ensure that the requester is easily identifiable. The information should include the requester’s contact details, i.e. postal address, email address, fax and/or telephone number.

Details of the record requested

Enough information about the record to make it reasonably easy to identify.

Manner of access to the record

A description of the form or manner in which the record should be provided or made accessible.

Manner in which to inform the requester of access

The manner in which the requester wishes to be informed about the IRBA’s decision in relation to the request.

Language choice

The language in which the requester wishes to receive the requested record1.

Capacity of the authorised person making the request

When a request is made on behalf of someone else, proof of the capacity in which the request is made and/or authority to make such a request.

 

5.5 Requesters who are unable to read or write can make verbal requests to the Deputy Information Officer, who shall complete Form A on behalf of the requester.

 

5.6 The request must be directed to the Deputy Information Officer, whose contact details are set out in paragraph 3 above.

 

5.7 The request may either be hand-delivered, posted, faxed or sent via email.

 

5.8 Telephonic and informal requests will only be accepted in respect of records set out in paragraph 7 below.

 

5.9 The information on the prescribed form must be provided to the satisfaction of the Deputy Information Office or Information Officer, failing which, the request will be delayed until such time that the information is complete.

 

5.10 A requester is required to pay the fee set out under Section B, in respect of a request for a record.

 

5.11 Notwithstanding the request fee payable in terms of paragraph 5.10 above, the requester may, if granted access to the requested record, be required to pay additional fees set out in Section B for the reproduction, search and preparation of the records or transactions related to the record that has been requested.

 

5.12 The Deputy Information Officer will notify the requester to pay the prescribed fee (if any) before any further processing of the request.

 

5.13 The Deputy Information Officer will inform the requester of the IRBA’s decision within 30 days after receipt of the request, which period may be extended, on notice to the requester, by a further period not exceeding 30 days.

 

5.14 The period within which the Deputy Information Officer has to inform the requester of the decision will be subject to such extension, over and above the period mentioned in paragraph 5.13 above, as may be required to give a third party a chance to make representations to the Deputy Information Officer where the record requested is with regard to the records of that third party.

 

5.15 The time periods prescribed by the Act will not commence until such time as the Deputy Information Officer and/or the Information Officer is satisfied that all pertinent information has been furnished to the IRBA by the requester.

 

5.16 Notwithstanding a request for access to any record listed in paragraph 6 below, access to the requested record, or any part thereof, may be refused on the grounds set out in the Act.

 

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1 Notwithstanding the language of preference indicated, the IRBA will only furnish the record in the requested language, if the record exists in that language