PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 20 of 70
22 Fees
(1) The information officer of a public 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 public 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 information officer of the body, require more than the
hours prescribed for this purpose for requesters, the information officer 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 internal appeal or an application with a
court, as the case may be, 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
(c)
the procedure (including the period) for lodging the internal appeal or
application, as the case may be.
[NB: Sub-s. (3) 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 information officer concerned must repay the deposit to the requester.
(5) The information officer of a public body must 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 public 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
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;
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