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GOVERN~NT G=~. 3 ~BRUARY 2000
PROMOTtON OF ACCESS TO tNFOWATtON ACT, 2W
No.
20852
Act No.
17
2,2000
record, as contemplated in section 29(2)(u) 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 “
5
(ii)(tia)) Lhe record for disclosure to the requester.
(8) The Minister may, by notice in the Gu:etre—
(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;
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(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 J ctitegory
of records;
(e) exempt any person or record or category of persons or records for a stipulated 15
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 ch~rged, such fee does not Jpply.
Records that cannot be found or do not exist
23. (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) is in the public body’s possession but cannot be found: or
(ii) does not exist,
the information officer of a public body must. by way of affidavit or affirmation. notify 25
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
30
search on behalf of the information officer.
(3) For the purposes of this Act, the notice in terms of subsection ( i ) is to be regarded
as a decision to refuse a request for access to the record.
(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
35
a ground for refusal contemplated in Chapter 4 of this Part.
Deferral of access
24. ( 1 ) If the information oficer of a public body decides [o grant a request for access
to a record, but that record—
((I) is to be published within 90 days after the receipt or transfer of the request or
such further period as is reasonably necessary for printing and translating the 40
record for the purpose of publishing it:
(b) is required by law to be published but is yet to be published: or
(c) has been prepared for submission to any legislature or a particular person but
is yet to be submitted.
the information officer may defer giving access to the record for a re~sonable period. 45
(2) If access to a record is deferred in terms of subsection ( 1). the information oticer
must notify the requester concemed—
(a) that the requester may, within 30 days after that notice is given. make
representations to the information officer why the record is required before
jO
such publication or submission; and
(b) of the likely period for which access is to be deferred.
(3) If a requester makes representations in terms of subsection (2)(a). the information
officer must, after due consideration of those representations, grant the request for
access only if there are reasonable grounds for believing that the ‘requester will suffer
substantial prejudice if access to the record is deferred for the likely period referred to 55
in subsection (2)(b).