The request procedure: Form of request: - The requester must use the prescribed form to make the request for access to a record. This must be made to the designated person, at the contact address given above. [s.53 (1)]
- The requester must provide sufficient detail on the request form to enable the designated person to identify the record, and the requester. The requester should also indicate which form of access is required. The requester should also if any other manner is to be used to inform the requester and state the necessary particulars to be so informed. [s.52(2)(a),(b),(c)]
- The requester must identify the right that is sought to be exercised or to be protected and provide and explanation of why the requested record is required for the exercise or protection of that right. [s.53(2)(d)]
- 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 designated person of this private body. [s.53(2)(f)]
The prescribed forms are available at www.sahrc.org.za Fees: A requester who seeks access to a record containing personal information about the requester (i.e.: himself / herself) is not required to pay the request fee. Every other requester who is not a personal requester must pay the required fee. The fees payable are as prescribed in the Act - The designated person of this body will advise the requester by notice requiring the requester to pay the prescribed fee before processing the request. [s54(1)]
- The fee that a 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 designated person has made a decision on the request, the requester will be notified in the prescribed 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 of disclosure. [s.54(6)]
Other information as may be prescribed [(Section 51(1) (f)] The Minister of Justice and Constitutional Development has not made any regulations in this regard, and is therefore not applicable to this private body. Availability of this manual This manual is available for inspection upon request at our premises stated above during normal office hours. Copies may also be requested from the South African Human Rights Commission and the Government Gazette. The Manual is also published on Alpine Gulf Equipment (Pty) Ltd’s web site – www.alpinecases.co.za |