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PROMOTION OF ACCESS TO INFORMATION ACT (2 of 2000)
SECTION 51 MANUAL FOR LearningNexus.co.za
EFFECTIVE DATE: 1 April 2010A. INTRODUCTION TO LearningNexus
LearningNexus is an On-line Training Provider.B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL
1. Contact details [Section 51(1)(a)] 2. The section 10 Guide on how to use the Act [Section 51(1)(b)] 3. Records available in terms of any other legislation [Section 51(1)(d)] 4. Access to the records held by the private body in question [Sections 51(1)(c) and 51(1)(e)] Records that are readily available (i.e. without a person having to request access, e.g. website, brochures): Records that may be requested. A description of the subjects of the records held by the body and the categories in which these subjects are classed [Section 51(1)(e)] The request procedures The requester must use the prescribed form to make the request for access to a record. This must be made to the head of the private body. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].
The requester must provide sufficient detail on the request form to enable the head of the private body to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c)].
The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s53(2)(d)]. If a request is made on behalf of a another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body [s53(2)(f)]. Fees: A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee: The head of the private body must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)]. The fee that the requester must pay to a private body is R50. The requester may lodge an application to the court against the tender or payment of the request fee [s 54(3)(b)]. After the head of the private body has made a decision on the request, the requester must be notified in the required form. If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s54(6)]. 5. Other information as may be prescribed [Section 51(1)(f)] 6. Availability of the manual [Section 51(3)] 7. Fees in respect of private bodies
The fees for copies are stipulated in the relevant regulations that may be accessed via the SAHRC’s website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za). 8. Prescribed forms REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)) [Regulation 10] A. Particulars of private body B. Particulars of person requesting access to the record (a) The particulars of the person who requests access to the record must be given below.
(b) The address and/or fax number in the Republic to which the information is to be sent must be given. (c) Proof of the capacity in which the request is made, if applicable, must be attached. Full names and surname: Identity number: Postal address: Fax number: Telephone number: E-mail address: Capacity in which request is made, when made on behalf of another person:
C. Particulars of person on whose behalf request is made This section must be completed ONLY if a request for information is made on behalf of another person.
Full names and surname: Identity number:
D. Particulars of record (a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
(b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios. 1. Description of record or relevant part of the record: 2. Reference number, if available: 3. Any further particulars of record
E. Fees (a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
(b) You will be notified of the amount required to be paid as the request fee. (c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record. (d) If you qualify for exemption of the payment of any fee, please state the reason for exemption. Reason for exemption from payment of fees:
F. Form of access to record If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.
Disability: F o r m in w h i c h r e c o r d i s r e q u ir e d : Mark the appropriate item with an X. NOTES: (a) Compliance with your request in the specified form may depend on the form in which the record is available. (b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form. (c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested. 1. If the record is in written or printed form: copy of record* inspection of record 2. If record consists of visual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.): view the images copy of the images* transcription of the images* 3. If record consists of recorded words or information which can be reproduced in sound: listen to the soundtrack (audio cassette) transcription of soundtrack* (written or printed document) 4. If record is held on computer or in an electronic or machine-readable form: printed copy of record* printed copy of information derived from the record* copy in computer readable form* (stiffy or compact disc) *If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you? Postage is payable. YES NO G. Particulars of right to be exercised or protected H. Notice of decision regarding request for access Signed at ___________________________________________________________this day of 20___ DISCLAIMER: This template has been drafted to assist private bodies to comply with the provisions of the Promotion of Access to Information Act, Act 2 of 2000, as amended, as well as the regulations made in terms thereof. The document template was created based on the information available at the time of its creation. Although care has been taken to be as reliable and accurate as possible, it remains a guide only and the authors cannot be held liable for any reliance placed on the content provided.
Annexure
LIST OF LEGISLATION THAT MIGHT APPLY / IN TERMS OF WHICH RECORDS MIGHT HAVE TO BE HELD BY PRIVATE BODY Administration of Estates Act, No. 66 of 1965 |