Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)
Promotion of Access to Information (PAIA) Manual
9. Procesure for Requesting Access to Information
The Act provides for two types of fees, namely:
9.5.1 NON-REFUNDABLE REQUEST FEE
A requester, other than a personal requester, requesting access to information held by the Department will be required to pay the prescribed request fee of R35, 00, as specified on Form A, before the request will be processed. Persons listed under paragraph 9.5.4 of this manual are exempted from paying request fees.
The DIO will withhold a record(s) until the requester concerned has paid the applicable fees (if any).
9.5.2 ACCESS FEE
|•||An access fee is payable in all instances where a request for access to information is granted for reproduction costs and, if applicable, the postal fee and the time reasonably required to search for and prepare the record for disclosure.|
|•||Persons listed under paragraph 9.5.4 of this manual are exempted from paying an access fee.|
|•||A requester requesting copies of records that are publicly available does not have to pay the request fee of R35, 00, but must pay the access fee for reproduction, if applicable.|
The DIO will withhold a record until the requester has paid the applicable fees if any.
If the search for a record(s) and the preparation of the record(s) for disclosure, including arrangements to make it available in the requested format, would require more than the hours prescribed for this purpose in the regulations, the DIO must by notice require the requester to pay as a deposit the prescribed portion (not more than a third) of the access fee which would be payable if the request is granted.
If a deposit has been paid in respect of a request for access which is then refused, the DIO of the DHS will refund the deposit to the requester.
The following persons are exempted from paying the access fee contemplated in section 22(6) of the Act:
|•||A single person whose annual income after permissible deductions does not exceed R14 712, 00 per annum.|
|•||Married persons or life partners whose combined annual income after permissible deductions does not exceed R27 192,00 per annum.|
|•||Where the cost of collecting any fee in respect of the search and preparation of a record for disclosure exceeds the amount charged, such fee does not apply.|
|•||The search and preparation cost do not apply to the personal records of a requester.|
|•||The request and access fees do not apply to records requested by a maintenance officer or maintenance investigator for purposes of a maintenance investigation or inquiry in terms of the provisions of the Maintenance Act, 1998 (Act No. 99 of 1998), or the Regulations made under section 44 of that Act.|