Requests for records​

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Any request for access to other records must be made on the prescribed form (Form C).

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Your request for information will be evaluated and you will be notified within 30 (thirty) days of receipt of your request of our decision.

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Notification of extension period (if required)

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In terms of the Act the 30 (thirty) day period mentioned above may be extended for a further period of not more than 30 (thirty) days under certain circumstances. Should we need to extend this period, we will provide you with notification of such extension.

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The request fee; access fee and/or deposit

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You will be informed of the request and/or access fee (if any) that is payable for making a request or having access to the records. A deposit may be requested whilst your request is being considered for the access fee, which is fully refundable should your request be refused. You must pay the request and access fee prior to the information being provided to you.

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Decision on request

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Your request for information may be granted or refused. You will be informed accordingly.

Should your request be refused, you will be given adequate reasons for the refusal and you may lodge an application to court against the refusal of the request. We will also provide you with details of the procedure for such application to court.

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Grounds for refusal

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We may legitimately refuse to grant you access to a requested record (if the information does not hide a substantial breach of the law, or a public safety or environmental risk) that falls within any of the following grounds for refusal:

• we are protecting personal information that we hold about a third person (who is a natural person), including a deceased person, from unreasonable disclosure;

• we are protecting commercial information that we hold about a third party (for example trade secrets, financial, commercial, scientific or technical information where disclosure may harm the commercial or financial interests of that third party);

• the disclosure of the record would result in a breach of a duty of confidence owed to a third party in terms of an agreement;

• the disclosure of the record would endanger the life or physical safety of an individual;

• the disclosure of the record would prejudice or impair the security of property or means of transport;

• the disclosure of the record would prejudice or impair the protection of a person in accordance with a witness protection scheme;

• the disclosure of the record would prejudice or impair the protection of the safety of the public;

• the record is privileged from production in legal proceedings, and the person entitled to legal privilege has not waived the privilege;

• the disclosure of the record (where the record contains trade secrets, financial, commercial, scientific, or technical information) would harm our commercial or financial interests;

• the disclosure of the record would put us at a disadvantage in contractual or other negotiations or prejudice us in commercial competition;

• the record is a computer program; and

• the disclosure of the record (where the record contains information about research being carried out or to be carried out by or on behalf of us or a third party) would expose us, the third party, the person carrying out the research or the subject matter of the research itself to serious disadvantage.

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Records that cannot be found or do not exist

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If we have searched for a record and it is believed that the record either does not exist or cannot be found, you will be notified by way of an affidavit or affirmation of this fact. We will include information regarding the steps that were taken to try to locate the record.

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Third party information

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If access is requested to a record that contains information about a third party, you must provide specific written consent of the third party or show that you require the information in order to exercise or protect a right. We are obliged to attempt to contact the third party to inform them of your request. This enables the third party the opportunity to respond by either consenting to the access or by providing reasons why access should be denied. In the event of the third party furnishing reasons for the denial of access, we will consider these reasons in determining whether access should be granted or not, and advise you accordingly.