Part 2 - Saps
Part 2 - Saps
Part 2 - Saps
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information officer must assist the requester with the request for access to ensure that<br />
the request complies with the requirements of the Act.<br />
The deputy information officer may not refuse the request if it is not fully or correctly<br />
completed. The deputy information officer will notify the requester by means of a<br />
Notice of Intended Refusal-form [SAPS 512(c)] of his or her intention to refuse the<br />
request. In such an event, the requester may then provide more detailed information<br />
regarding the request.<br />
(2) TRANSFER OF A REQUEST TO ANOTHER PUBLIC BODY<br />
The deputy information officer must transfer a request to another public body if the<br />
record is not in the possession or under the control of the Service and such a record<br />
is in the possession of the other public body or the record's subject matter is more<br />
closely connected with the functions of the other public body. The deputy information<br />
officer will inform the requester of the transfer by providing to him or her a duplicate<br />
original of the Transfer of Request-form [SAPS 512(l)] and the Decision on Dealing<br />
with Request-form [SAPS 512(d)].<br />
(3) PAYMENT OF THE PRESCRIBED FEES<br />
The deputy information officer will, upon receipt of a request for access made on a<br />
properly completed Request form, unless the request is transferred (as discussed in<br />
paragraph 5.2), complete the Notice of Fee Payable-form [SAPS 512(b)] and provide<br />
it to the requester. The requester are informed in this manner of the request fee<br />
payable and the place where the fee must be paid, before the request will be processed<br />
any further.<br />
A person is exempt from paying the request fee if such person —<br />
(a) is a personal requester ("personal requester" means a requester seeking access<br />
to a record containing personal information about himself or herself);<br />
(b) requests information which is already in the public domain; or<br />
(c) is exempted by the Minister of Justice by proclamation in the Gazette from<br />
paying a fee.<br />
(4) DEALING WITH THE REQUEST<br />
(a) DETERMINE WHETHER THE RECORD EXISTS AND IS AVAILABLE<br />
The deputy information officer will identify the relevant person (line manager)<br />
who is responsible for the requested record and forward such a request to the<br />
line manager concerned. The line manager will determine whether the record<br />
exists and is available.<br />
If a requested record cannot be found or does not exist, the deputy information<br />
officer will in an affidavit or in a statement under affirmation give a full account<br />
of all steps taken to find the record in question or to determine whether the<br />
record exists including all communications with every person who conducted<br />
the search on behalf of the information officer. The deputy information officer<br />
will then complete the Decision on Request for Access to a Record-form