6
Request for record
An applicant who requires access to a record that is in the custody or control of a public body shall make a
request, in writing, to the public body, giving adequate and precise details to enable the public body to locate the
information so requested.
7 Fees for access to records and related services by public body
Subject to any exemption prescribed under this Act or any other enactment, an applicant shall be required to
pay such fee as may be so prescribed for—
(a) obtaining access to any record; and
(b) any service rendered in connection with the provision of access to any record by the public body concerned.
8 Duty to assist applicants
(1) The head of a public body shall take every reasonable step to assist an applicant and shall, subject to section eleven or twelve, respond as soon as is reasonably possible in the circumstances, but not later than thirty days,
to each request for access to a record.
(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 the 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 six 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 be 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 take notes
from such record or part thereof.
[Paragraph amended by section 25 of Act 5 of 2003]
(2) …..
[Subsection repealed by section 25 of Act 5 of 2003]
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 thirty 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.