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Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)

Part 3 : Access to Records of Private Bodies

Chapter 3 : Manner of Access

54. Fees

 

 

1) The head of a private body to whom a request for access is made must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

[Sub-section (1) amended by section 110 of Act No. 4 of 2013].

 

2) If—
a) the search for a record of a private body in respect of which a request for access by a 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 head of the private body concerned, require more than the hours prescribed for this purpose for requesters, the head must by notice require the 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.

[Sub-section (2) amended by section 110 of Act No. 4 of 2013].

 

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 a complaint to the Information Regulator or an application with a court 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 complaint to the Information Regulator or application.

[Sub-section (3) amended by section 110 of Act No. 4 of 2013].

 

4) If a deposit has been paid in respect of a request for access which is refused, the head of the private body concerned must repay the deposit to the requester.

 

5) The head of a private body may 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 private 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;
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.