PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 38 of 70
(b)
to indicate which form of access is required;
(c)
to specify a postal address or fax number of the requester in the
Republic;
(d)
to identify the right the requester is seeking to exercise or protect and
provide an explanation of why the requested record is required for the
exercise or protection of that right;
(e)
if, in addition to a written reply, the requester wishes to be informed of
the decision on the request in any other manner, to state that manner
and the necessary particulars to be so informed; and
(f)
if the request is made on behalf of a person, to submit proof of the
capacity in which the requester is making the request, to the reasonable
satisfaction of the head.
54 Fees
(1) The head of a private body to whom a request for access is made must by
notice require the requester, other than a personal requester, to pay the prescribed
request fee (if any), before further processing the request.
[NB: Sub-s. (1) has been substituted by s. 110 of the Protection of Personal Information
Act 4 of 2013, a provision which will be put into operation by proclamation. See
PENDLEX.]
(2) If(a)
the search for a record of a private body in respect of which a request
for access by a requester, other than a personal requester, has been
made; and
(b)
the preparation of the record for disclosure (including any arrangements
contemplated in section 29 (2) (a) and (b) (i) and (ii) (aa)),
would, in the opinion of the head of the private body concerned, require more than
the hours prescribed for this purpose for requesters, the head must by notice
require the requester, other than a personal requester, to pay as a deposit the
prescribed portion (being not more than one third) of the access fee which would be
payable if the request is granted.
[NB: Sub-s. (2) has been substituted by s. 110 of the Protection of Personal Information
Act 4 of 2013, a provision which will be put into operation by proclamation. See
PENDLEX.]
(3) The notice referred to in subsection (1) or (2) must state(a)
the amount of the deposit payable in terms of subsection (2), if
applicable;
(b)
that the requester may lodge an application with a court against the
tender or payment of the request fee in terms of subsection (1), or the
tender or payment of a deposit in terms of subsection (2), as the case
may be; and
[NB: Para. (b) has been substituted by s. 110 of the Protection of Personal Information
Act 4 of 2013, a provision which will be put into operation by proclamation. See
PENDLEX.]
(c)
the procedure (including the period) for lodging the application.
[NB: Para. (c) has been substituted by s. 110 of the Protection of Personal Information Act
4 of 2013, a provision which will be put into operation by proclamation. See PENDLEX.]
(4) If a deposit has been paid in respect of a request for access which is refused,
the head of the private body concerned must repay the deposit to the requester.
(5) The head of a private body may withhold a record until the requester
concerned has paid the applicable fees (if any).
(6) A requester whose request for access to a record of a private body has been
granted must pay an access fee for reproduction and for search and preparation
contemplated in subsection (7) (a) and (b), respectively, for any time reasonably
required in excess of the prescribed hours to search for and prepare (including
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