(2) Where necessary, the head of a public body shall create a record for an applicant if—
(a) the record can be created from a machine readable record in the custody or under the control of
public body using its normal computer hardware and software and technical expertise; and
(b) creating the record will not unreasonably interfere with the operations of the public body.
9 Contents of response
(1) A response by the head of a public body to a request made in terms of section 6 shall inform the
applicant—
(a) whether or not he is entitled to access to the record or a part of the record; and
(b) the place where, time when and manner in which such access will he given.
(2) Where the head of a public body refuses access to a record or part of a record, he shall inform the
applicant of the reasons therefor.
(3) An applicant whose request for a record or part of a record has been refused by the head of a public
body may request the Commission to review the public body’s decision.
(4) The head of a public body may refuse a request for a record or part of a record if granting access to
such a record—
(a) will contravene this Act; or
(b) will result in the disclosure of personal information pertaining to a third party that is protected from
disclosure in terms of Part III; or
(c) is not in the public interest.
10 Access to information
(1) Where an applicant is granted access to a record or part of a record, the head of a public body shall—
(a) give him the opportunity to examine such record or part thereof; or
(b) where the applicant has requested a copy of a record or part of a record, provide him with such copy
if it can be reproduced, and where it cannot be reproduced, give the applicant an opportunity to
examine such record or part thereof.
(2) An applicant shall provide adequate details so as to enable the public body to locate the record
sought.
11 Extension of time limit for responding
(1) The head of a public body may extend the time for responding to a request by a further period not
exceeding 30 days or, with the Commission’s permission, for a longer period if—
(a) the applicant does not give sufficient detail to enable the public body to identify the requested record;
or
(b) a large number of records is requested or is required to be searched, and meeting the time limit will
unreasonably interfere with the operations of the public body; or
(c) more time is needed to consult with a third party affected by the request or another public body before
the head of the public body can decide whether or not to give the applicant access to the requested
record.
(2) Where the time is extended in terms of subsection (1), the head of the public body shall inform the
applicant—
(a) of the reason for such extension; and
(b) when he should expect a response.
12 Transfer of request
(1) The head of a public body may, within 10 days after a request for access to a record is received,
transfer the request to another public body if it appears to him that the record is in the custody or under the
control of that other public body or affects that other body.
(2) Where a request is transferred in terms of subsection (1), the head of the transferring public body
shall notify the applicant of such transfer.
(3) The head of the public body to whom the transfer was made shall respond to the applicant’s request
not later than 30 days after receiving the request, unless the time for responding has been extended in terms of
section 11.
13 Delegation by head of public body
(1) The head of a public body may delegate to any person any function of a head of a public body under
this Act, except such power of delegation.
(2) A delegation made in terms of subsection (1) shall be in writing and may contain any conditions or
restrictions the head of the public body considers appropriate.
PART III
PROTECTED INFORMATION
14 Protection of deliberations of Cabinet and local government bodies
(1) No information relating to the deliberations of Cabinet or any of its committees shall he revealed or
disclosed to any person who is not authorised to have access to such information.
(2) The information referred to in subsection (1) shall include—
(a) any advice, policy considerations and recommendations made to Cabinet; and
(b) any draft legislation or regulations prepared for submission or submitted to Cabinet.
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