PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 39 of 70
making any arrangements contemplated in section 29 (2) (a) and (b) (i) and (ii)
(aa)) the record for disclosure.
(7) Access fees prescribed for the purposes of subsection (6) must provide for a
reasonable access fee for(a)
the cost of making a copy of a record, or of a transcription of the
content of a record, as contemplated in section 29 (2) (a) and (b) (i),
(ii) (bb), (iii) and (v) and, if applicable, the postal fee; and
(b)
the time reasonably required to search for the record and prepare
(including making any arrangements contemplated in section 29 (2) (a)
and (b) (i) and (ii) (aa)) the record for disclosure to the requester.
(8) The Minister may, by notice in the Gazette(a)
exempt any person or category of persons from paying any fee referred
to in this section;
(b)
determine that any fee referred to in this section is not to exceed a
certain maximum amount;
(c)
determine the manner in which any fee referred to in this section is to
be calculated;
(d)
determine that any fee referred to in this section does not apply to a
category of records;
(e)
exempt any person or record or category of persons or records for a
stipulated period from any fee referred to in subsection (6); and
(f)
determine that where the cost of collecting any fee referred to in this
section exceeds the amount charged, such fee does not apply.
55 Records that cannot be found or do not exist
(1) If(a)
all reasonable steps have been taken to find a record requested; and
(b)
there are reasonable grounds for believing that the record(i)
(ii)
is in the private body's possession but cannot be found; or
does not exist,
the head of a private body must, by way of affidavit or affirmation, notify the
requester that it is not possible to give access to that record.
(2) The affidavit or affirmation referred to in subsection (1) must give a full
account of all steps taken to find the record in question or to determine whether the
record exists, as the case may be, including all communications with every person
who conducted the search on behalf of the head.
(3) For the purposes of this Act, the notice in terms of subsection (1) is to be
regarded as a decision to refuse a request for access to the record concerned.
(4) If, after notice is given in terms of subsection (1), the record in question is
found, the requester concerned must be given access to the record unless access is
refused on a ground for refusal contemplated in Chapter 4 of this Part.
56 Decision on request and notice thereof
(1) Except if the provisions regarding third party notification and intervention
contemplated in Chapter 5 of this Part apply, the head of the private body to whom
the request is made must, as soon as reasonably possible, but in any event within
30 days, after the request has been received or after the particulars required in
terms of section 53 (2) have been received(a)
decide in accordance with this Act whether to grant the request; and
(b)
notify the requester of the decision and, if the requester stated, as
contemplated in section 53 (2) (e), that he or she wishes to be informed
of the decision in any other manner, inform him or her in that manner if
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