PAIA Manual

3. Access To Records Held by Legal Accounting

Records held by Legal Accounting may be accessed on request only once the requirements for access have been met. A requester is any person making a request for access to a record of Legal Accounting and in this regard, the Act distinguishes between two types of requesters:

• Personal Requester

A personal requester is a requester who is seeking access to a record containing personal information about the requester. Subject to the provisions of the Act and applicable law, Legal Accounting will provide the requested information or give access to any record regarding the requester’s personal information. The prescribed fee for reproduction of the information requested will be charged by Legal Accounting.

• Other Requester

This requester (other than a personal requester) is entitled to request access to information pertaining to third parties. However, Legal Accounting is not obliged to grant access prior to the requester fulfilling the requirements for access in terms of the Act. The prescribed fee for reproduction of the information requested will be charged by Legal Accounting.

3.1 Request Procedure

A requester must comply with all the procedural requirements contained in the Act and Regulations relating to a

request for access to a record. A requester must complete the prescribed form enclosed herewith in Appendix 1

and submit same as well as payment of a request fee and a deposit, if applicable to the information officer at the

postal or physical address, fax number or electronic mail address stated herein.

The prescribed form must be filled in with enough particularity to at least enable the information officer to identify:

• - The record or records requested;

• - The identity of the requester;

• - What form of access is required; and

• - The postal address or fax number of the requester.

A requester must state that he or she requires the information to exercise or protect a right and clearly state what the nature of the right is so to be exercised or protected. The requester must also provide an explanation of why the requested record is required for the exercise or protection of that right.

Legal Accounting will process a request within 30 days, unless the requestor has stated special reasons which would satisfy the information officer that circumstances dictate that this time period is not complied with.

The requester shall be informed in writing whether access has been granted or denied. If, in addition, the requester requires the reasons for the decision in any other manner, he or she must state the manner, and the particulars so required. 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 information officer.

If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally to the information officer.

3.2 Decision

Legal Accounting will, within 30 days of receipt of a request, decide whether to grant or decline a request and give notice with reasons (if required) to that effect.

The 30-day period within which Legal Accounting must decide whether to grant or refuse a request, may be extended for a further period of not more than 30 days if the request is for a large quantity of information, or the request requires a search for information held at another office of Legal Accounting (other than the head office) and the information cannot reasonably be obtained within the original 30-day period. The information officer will notify the requester in writing should an extension be necessary.