Environmental Conservation Act 73 of 1989

Immigration Act No 13 of 2002

Income Tax Act No. 58 of 1962

Labour Relations Act No. 66 of 1995

Machinery and Occupational Safety Act No.6 of 1983

Merchant Shipping Act No. 57 of 1951

National Environmental Management Act No. 107 of 1998

Occupational Health and Safety Act No. 85 of 1993

Promotion of Access to Information Act No. 2 of 2000

Radio Act No. 3 of 1952

Road Traffic Act No. 93 of 1996

Skills development Levies Act No. 9 of 1999

Tourism Second Amendment Act No. 70 of 2000

Unemployment Insurance Act No. 30 of 1966

Section 51(1)(f) - Other information as may be prescribed

The Ministry of Justice and Constitutional Development has not made any regulations in this regard.

Section 51(3) - Availability of the material

The manual is available at our offices and copies are available with the SAHRC, in the Gazette and on our website as listed above.

Section 53 - 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 nominated contact person of the private body. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].

- The requester must provide sufficient detail on the request form to enable the contact person 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 [s 53(2)(a) and (b) and (c)].

- 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 [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 head of the private body [s 53(2)(f)].

Section 54 - Fees

A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee:

- The head of the private body must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)].

- The fee that the 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 head of the private body has made a decision on the request, the requester must be notified in the required form.

- If the request is granted then a further access fee must be paid for the search, reproduction, and preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].

Section 56(3) – Application regarding decisions

- A requester who is dissatisfied with the decision of Natural Moments Bush Camp and Diving, may, subject to the provisions of the Act within 30 days of notification of the decision, apply to the Court for appropriate relief.

Section 62 – Ground for refusal of access to records

The grounds for refusal are set out in the Act. The main grounds for the company to refuse a request for information relate to the:

- mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person;

- mandatory protection of the commercial information of a third party, if the record contains trade secrets of the third party; financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of the third party; or information disclosed in confidence by a third party to the company, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition.

- mandatory protection of confidential information of third parties if it is protected in terms of any agreement;

- mandatory protection of the safety of individuals and the protection of property;

- mandatory protection of records which would be regarded as privileged in legal proceedings;

- the commercial activities of the company, which may include:

- trade secrets of the company;

- financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of the company;

- information which, if disclosed could put the company at a disadvantage in negotiations or commercial competition;

- a computer program which is owned by the company, and which is protected by copyright;

- the research information of the company or a third part, if its disclosure would disclose the identity of the company, the researcher or the subject matter of the research and would place the research at a serious disadvantage;

- Requests for information that are clearly frivolous or vexation, or which involve an unreasonable diversion of resources shall be refused.