2.1. The ACT grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.

2.2. Requests in terms of the ACT shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 5 and 6 of the Manual.

2.3. Requesters are referred to the Guide in terms of Section 10 which has been compiled by the South African Human Rights Commission, which will contain information for the purposes of exercising Constitutional Rights. The Guide is available from the SAHRC. The contact details of the Commission are:

Postal Address: Private Bag 2700, Houghton, 2041

Telephone Number: +27-11-877 3600

Fax Number: +27-11-403 0625

Website: www.sahrc.org.za 

• Basic Conditions of Employment Act 75 of 1997
• Companies Act 2008
• Compensation for Occupational Injuries and Diseases Act 130 of 1993
• Competition Act 89 of 1998
• Consumer Protection Act 68 of 2008
• Electronic Communications and Transactions Act 25 of 2002
• Employment Equity Act 55 of 1998
• Income Tax Act 58 of 1962
• Labour Relations Act 66 of 1995
• Occupational Health and Safety Act 85 of 1993
• Skills Development Act 97 of 1998
• Unemployment Insurance Act 63 of 2001
• Unemployment Insurance Contributions Act 4 of 2002

Company Records

• Incorporation Documents
• Memorandum of Articles Association

Financial Records

• Annual Financial Statements
• Tax Returns
• Accounting Records
• Banking Records
• Contracts
• Banking details

Employment records

• List of employees• Contracts of employment with directors, officers and employees

• Procedural agreements and policies
• Disciplinary records and documentation pertaining to disciplinary proceedings
• Training manuals
• Other information relating to employees

Correspondence

• Emails and WhatsApp’s

Income Tax Records

• SARS Payments

Logistics & Procurement

• Client list
• Contact information

5.1. The requester must use the prescribed Form 2 to make the request for access to a record. This must be made to the Director/Information Officer. This request must be made to the electronic mail address as detailed above.

5.2. 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.

5.3. 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.

5.4. If a request is made on behalf of 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.

6.1. On request of access to information, the duly authorised person, will by notice require the requester, other than a personal requester, to pay the prescribed fee as set out below before processing the request.

6.2. If the search for the record has been made and the preparation of the record for disclosure, including arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, the authorised person shall notify the requester to pay as a deposit the prescribed portion of the access fee.

6.3. A requester, whose request for access has been granted, must pay an access fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure including making arrangements to make it available in the request form.

6.4. The following is a breakdown of the fees structure for the purposes of determining the manner in which fees relating to a request for access to a record of a private body as per Part III of Regulation 187 published in the Government Gazette on the 15 February 2002:

6.5. The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R2,00 for every photocopy of an A4-size page or part thereof.

6.6. The fees for reproduction referred to in regulation 11(1) are as follows:
Reproduction of Information Fees Fees Charged
For every photocopy of an A4-size page or part thereof R2,00
For every printed copy of an A4-size page or part thereof held on a computer Or in electronic or machine readable form R1,00
For a copy in a computer-readable form on a Compact disc R70,00
for a transcription of visual images, for an A4-size page or part thereof R40,00
For a copy of visual images R60,00
for a transcription of an audio record, for an A4-size page or part thereof R20,00
For a copy of an audio record R30,00

6.7. The request fee payable by a requester, other than a personal requester, referred to in Regulation 11(2) is R50,00.

6.8. The access fees payable by a requester referred to in Regulation 11(3) are as follows:

Access of Information Fees Fees Charged
For every photocopy of an A4-size page or part thereof R2,00
For every printed copy of an A4-size page or part thereof held on a computer Or in electronic or machine readable form R1,00
For a copy in a computer-readable form on a Compact disc R70,00
for a transcription of visual images, for an A4-size page or part thereof R40,00
For a copy of visual images R60,00
for a transcription of an audio record, for an A4-size page or part thereof R20,00
For a copy of an audio record R30,00

6.9. To search for and prepare the record for disclosure, R30,00 for each hour or part of an hour reasonably required for such search and preparation.

6.10. For purposes of section 54(2) of the Act, the following applies:
6.10.1. Six hours as the hours to be exceeded before a deposit is payable; and

6.10.2. one third of the access fee is payable as a deposit by the requester.

6.10.3. The actual postage is payable when a copy of a record must be posted to a requester.

*All fees exclude VAT