|Access to Information|
The Managing Director has duly authorised the Manager Corporate Affairs, to deal with all matters in connection with requests for information in terms of the Promotion of Access to Information Act, 2 of 2000.
Guide of South African Human Rights Commission
Requests for information in terms of ACT must be made in accordance with the prescribed procedures at the applicable rates.
Requesters are referred to the guide to be compiled by the South African Human Rights Commission, which will contain information for the purposes of exercising constitutional rights. The guide will be available in August 2003, and the contact details of the commission are:
Postal Address: Private Bag 2700
Telephone Number: +27 (11) 484 8300
Facsimile Number: +27 (11) 484 0582
RECORDS AND ACCESS TO RECORDS
A requester must be given access to a record/s if the requester complies with the following:
The requester complies with the procedural requirements in the Act relating to a request for access to that record and
Access to that record/s is not refused on any ground of refusal as set out in the Act.
Procedure for Access
If, in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, to state that manner and the necessary particulars to be so informed.
If the request is made on behalf of a person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the information officer.
An individual, who because of illiteracy or a disability is unable to make a request in accordance with 2.2.1 above, may make that request orally. The information officer must reduce such an oral request to writing in the prescribed form and provide a copy thereof to the requester.
Fees payable for a request
A requester who seeks access to a record containing personal information about that requester (a personal requester) is not required to pay the request fee. Every other requester must pay R35.00.
The information officer must notify the requester by notice, requiring the requester to pay the prescribed request fee and deposit (if any) before further processing the request.
The requester may lodge an internal appeal where appropriate, or an application to the court against the tender or payment of the fee.
If a deposit has been paid for a request that was referred, the information officer must repay the deposit to the requester.
If a request has been granted, then a further access fee, as published in the Government Gazette in terms of ACT, must be paid for the reproduction as well as for search and preparation time in excess of the stipulated hours to search and prepare the record for disclosure.
Access to a record will be withheld until all the applicable fees have been paid.
Fees payable are reflected in the accompanying Annexure.
GENERAL: VALUE-ADDED TAX (VAT)
Public and private bodies registered under the Value-Added Tax Act, 1991 (Act No. 89 of 1991), as vendors may add VAT to all fees prescribed in this Annexure.
FEES IN RESPECT OF GUIDE
The fee for a copy of the guide as contemplated in regulations 2(3)(b) and 3(4)(c) is R0.60 for every photocopy of an A4-size page or part thereof.
FEES IN RESPECT OF PUBLIC BODIES
The fee for a copy of the manual as contemplated in Regulation 5(c) is R0.60 for every photocopy of an A4-size page or part thereof.
The fees for reproduction referred to in Regulation 7(1) are as follows:
For every photocopy of an A4-size page or Part thereof R 0.60
For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form R 0.40
For a copy in a computer-readable form on:
The request fee payable by every requester, other than a personal requester, referred to in regulation 7(2), is R35.00.
The access fees payable by a requester referred to in Regulation 7(3) are as follows:
(a) For every photocopy of an A4-size page or part thereof held
on a computer or in electronic or machine-readable form. R0.60
(b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine or machine-readable form R0.40
(c) For a copy in a computer-readable form on
stiffy disc R5.00
compact disc R40.00
(d) (I) For a transcription of visual images,
for an A4-size page or part thereof R22.00
(ii) For a copy of visual images R60.00
(e) (I) For a transcription of an audio record,
for an A4-size page or part thereof R12.00
(ii) For a copy of an audio record R17.00
(f) To search for and prepared, the record for disclosure
for each hour or part of an hour, excluding the first
hour, reasonably required for such search and preparation. R15.00
For purposes of section 22(2) of the ACT, the following applies:
Six hours as the hours to be exceeded before a deposit is payable and
One third of the access fee is payable as a deposit by the requester.
The actual postage is payable when a copy of a record must be posted to a requester.
ARRANGEMENT ALLOWING INVOLEMENT IN FORMULATION OF POLICY AND PERFORMANCE OF FUNCTIONS
When FDC proposes new policy, it consults with relevant stakeholders. The process of participation differs according to the type of policy or project.
REMEDIES AVAILABLE IN RESPECT OF ACTS OR FAILURE TO ACT
The following procedures exist for persons to report or remedy alleged irregular, improper or unlawful official acts or omissions by the FDC or any of its employees:
Procedures for reporting or remedying:
Remedies in respect of acts or failures to act in terms of the Promotion of Access to information Act: The internal appeal authority for purposes of this Act is the FDC (Sections 74 77). After exhausting the internal appeal remedy an application may be lodge with a court (Section 78 82).
A public service employee may lodge a grievance or compliant for investigation by the Public Service Commission concerning an official act or omission (Section 35 of the Public Service Act, 1994).
A person may use labour remedies regarding official acts or omissions of a labour nature, namely disputes of rights (the Public Service Act, 1994, and Labour Relations Act, 1995)
A person may lodge a complaint with a labour inspector concerning any alleged contravention of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997 section 78(1)(a), or the Employment Equity Act, 1998 (Act No. 55 of 1998 section 34 (e).
A person may lodge a compliant with the Public Protector concerning a suspected unlawful or improper official act or omission (the Constitution and the Public Protector Act, 1994 (Act No. 23 of 1994).
A person may lodge a compliant with the South African Human Rights Commission concerning an official act or omission that is suspected to constitute a violation of or threat to any fundamental right (Human Rights Commission Act, 1994 (Act No. 54 of 1994).
In order to be protected from reprisals because of a disclosure regarding unlawful or irregular conduct by the employer or a fellow employee, the person in question may follow the disclosure procedures in the Protected Disclosures Act, 2000 (Act No. 26 of 2000).
A use other legal remedies such as the institution of proceedings for the judicial review of an administrative action in terms of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000).
Other supportive remedies:
A person may request reasons for an administrative action in terms of the Promotion of Administrative Justice Act, 2000 (section 5).
A person may request access to records of a government department or other public body in terms of the Promotion of Access to Information Act, 2000 (section 11).
Duty to report
A public service employee, in the course of his or her official duties, is obliged in terms of the Code of conduct to report to the appropriate authorities, fraud, corruption, nepotism, mal-administration and any other act which constitutes an offence or which is prejudicial to the public interest. An employee who fails to comply with this, is guilty of misconduct. (Regulation B.3 and C.4.10 of Chapter 2 of the Public Service Regulations, 2001).
The responsibility of every employer and employee to disclose criminal and any other irregular conduct in the workplace also underpins the Protected Disclosures Act, 2000 (Preamble).
CATEGORY OF RECORDS WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS IN TERMS OF THE ACT
No notice of such records have been made by the Minister
SUBJECTS AND CATEGORIES OF RECORDS HELD BY FDC
The following documents are available subject to the signing of a confidentiality agreement.
Human Resources Policies and Procedures
Human Resource Administrative forms
Financial and Tax
Client account details
Loan security documentation
Group Legal Services and Company Secretary
General Contract Documentation
Minutes of Board and Board Committee Meetings
REQUEST FOR ACCESS TO RECORD OF PUBLIC BODY
Section 18(1) of the Promotion of Access to information Act, 2000 (Act No.2 of 2000)
PAIA MANUAL is the manual for the Free State Development Corporation (FDC) in terms of section 14 of the promotion of access to information ACT NO.2 OF 2000
You can view this Manual in three languages of your choice: Click Here ------> PAIA MANUAL