Promotion of Access to Information Manual - Brait

Promotion of Access to Information Manual Brait South Africa Limited (including all subsidiaries) Prepared in accordance with section 51 of the Promotion of Access to Information Act 2 of 2000

Promotion of Access to Information Manual Brait South Africa Limited (including all subsidiaries)

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Contents

1. Introduction __________________________________________________________________________________ 3 2. Purpose of the manual _________________________________________________________________________ 3 3. Company overview and group structure __________________________________________________________ 3 4. Contact details [section 51(1)(a) of the Act] _______________________________________________________ 5 5. The South African Human Rights Commission (SAHRC) Guide [section 51(1)(b)] _______________________ 5 6. Records automatically available [section 51(1)(c)] __________________________________________________ 5 7. Records available in terms of other legislation [section 5(1)(d)] ______________________________________ 5 8. Process and procedures for requesting information or records [section 51(1)(e)] _______________________ 6 10. Description of records held by Brait and the subjects and categories in which these records are classed

[section 5(1)(e)] ____________________________________________________________________________________ 8 11. Remedies available when a request is refused ____________________________________________________ 10 12. Access to records held by the organisation ______________________________________________________ 11 13. Prescribed fees in respect of private bodies ______________________________________________________ 11 14. Decision ____________________________________________________________________________________ 12 15. Availability of the manual [section 51(3)] _________________________________________________________ 12 16. Enquiries ___________________________________________________________________________________ 12


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1. Introduction

The Promotion of Access to Information Act No. 2 of 2000 (the Act), enacted on 3 February 2000, seeks, inter alia, to give effect to the constitutional right of access to any information held by the state, or by any other person, where such information is required for the exercise or protection of any right. When a request is made in terms of the Act, there is an obligation to release the information, except in circumstances whereby the Act expressly provides that the information must not be released, or may be withheld. The Act stipulates the requisite procedures in order to process any request for information. The Act also requires public and private bodies to compile manuals that provide information on both the types and categories of records held by such public and private bodies. Brait South Africa Limited (“Brait”) is a public body under paragraph (b)(ii) of the definition of “public body” in section 1 of the Act, In terms of section 8 of the Act a public body referred to in paragraph (b)(ii), referred to above, may either be a public body or a private body in relation to a record of that body. This document serves as Brait’s manual with regard to information or records in relation to which Brait is a private body. At this point, it should be noted that if the Protection of Personal Information Bill of 2009 (the Bill) has come into effect at the time of a request for information under this Act, any prohibitions on the release of personal information (as defined in the Bill) of a third party, who is either an identifiable natural person, or an identifiable existing juristic person, will be adhered to. 2. Purpose of the manual

The manual (as required by Section 51 of the Act) is intended to foster a culture of transparency and accountability, and to promote effective governance of private bodies, by giving effect to the right to information that is required for the exercise or protection of any right and to actively promote a society in which South Africans have effective access to information to enable them to fully exercise and protect their rights. Notwithstanding the above, Section 9 of the Act recognises that such right to access to information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:

• Limitations aimed at the reasonable protection of privacy;

• Commercial confidentiality; and

• Effective, efficient and good governance; In addition, the right to access to information must be in a manner which balances that right with any other rights, including such rights as contained in the Bill of Rights in the Constitution of the RSA. Please note: Any reference made to “Brait” or “the Brait Group”, within the ambit of this manual, will refer to Brait South Africa Limited and all its subsidiaries. 3. Company overview and group structure

Brait South Africa Limited is an unlisted public company incorporated in terms of the company laws of the Republic of South Africa under registration number 1960/003893/06. Its shares are 100% held by Brait Société Anonyme (Brait S.A.), a public company listed on both the JSE Securities Exchange and the Luxembourg Euro MTF Market.


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Brait is a diversified financial services group. Its business is the structuring, raising and management of investment funds classified as alternative assets. The current product-set includes:

• Private equity funds

• Mezzanine debt funds, and

• A range of hedge fund solutions Additionally, Brait employs its capital in proprietary investment programs in these product areas. Brait’s business is segmented between Private Capital operations, which incorporate all activities in the private capital markets, and Public Market operations, which incorporates all activities in the public or highly traded securities markets. The Brait Group comprises a fairly large number of subsidiary companies, with companies being deregistered and incorporated on an ongoing basis, as required. A current list of all Brait’s subsidiary companies may be requested from the Company Secretary, located at Brait’s Illovo offices: 2nd Floor, 9 Fricker Road, Illovo Boulevard, Illovo, Sandton, 2196. Tel: 011 507-1000

Brait South Africa Limited Group Structure

30% (40% economic interest)

100% 100%

49%

49%

49%

49%

All South African companies, unless indicated100% owned unless stated otherwise* Property# Fund Management

" Ïnvesting[] Accountability code

AssociatesPrivate Equity Associates

Private Capital Group Treasury Public Markets Mezzanine Funds

Brait South Africa

Limited

Braitec Manager (Pty) Limited [TMA] #

Brait Investments Limited [PEI]

Brait Specialised Trustees (Pty) Ltd #

Mezzanine Partners (Pty) Limited [MPM]

Brait Capital Partners Trustees (Pty) Limited

[BTR] #

Brait Securities (Pty) Ltd [BSC] Lauriston Capital SA

(Pty) Limited [BLA] #Mezzanine Partners 1 (B) GP (Pty) Ltd [MBT]

Mezzanine Partners 1 GP (Pty) Ltd [MPF]

Brait Capital Partners Trustees II (Pty) Limited

[TII] #

Brait Sponsors (Pty) Limited [BSL]

Gyrovest (Pty) ltd

Brait Capital Partners SA (Pty) Limited [CSA] #

Firefly Investements 41 (Pty) Ltd [FF]

Larioja Investments (Pty) Ltd

[BJA]

Brait Private Equity GP IV (Pty) Ltd [IVP] #

Brait IV Team Partnership GP (Pty) Ltd

[IVT] #

Medu Holdings (Pty) Limited #

Brait Capital Partners (Pty) Limited (1 OCT

2004) [BCL] #

49%Kago Capital (Pty) LtdMedu Capital (Pty)

Limited [MED] #

Brait South Africa Employee Trust [BET]


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4. Contact details [section 51(1)(a) of the Act]

Head of the Brait group is Mr. Antony Ball (Chief Executive Officer) who, as the Chief Information Officer, has duly authorised the person below as the Deputy Information Officer to ensure that the requirements of the Act are administered in a fair, objective and unbiased manner. Contact details of the Deputy Information Officer: Name: Mr. Mark Beekhuizen Postal address: Private Bag X1, Northlands, 2116 Physical address: 9 Fricker Road, Illovo Boulevard, Illovo, Sandton Telephone: 011-507-1050 Facsimile: 011-507-1051 E-mail: [email protected]

5. The South African Human Rights Commission (SAHRC) Guide [section 51(1)(b)]

The South African Human Rights Commission has compiled a guide on the use of the Act, as referred to in section 51(1)(b), in compliance with its mandate in terms of section 10(1) of the Act. The narrative part of the guide is available in the 11 official languages and contains such information as may reasonably be required by a person who wishes to exercise any right contemplated in the Act. The guide is available at all offices of the South African Human Rights Commission. Any enquiries regarding the guide may be addressed directly to: The South African Human Rights Commission, PAIA Unit (The Research and Documentation Department), Private Bag X2700 Houghton 2041 Telephone: 011 484 8300 Facsimile: 011 484 7149 Website: www.sahrc.org.za E-mail: [email protected] 6. Records automatically available [section 51(1)(c)]

Records that are automatically available to the public are all records of Brait lodged in terms of government requirements with various statutory bodies, including the Registrar of Companies, and the Registrar of Deeds, all records in booklets, brochures and pamphlets, published by Brait for distribution to the public and all records on Brait’s website. 7. Records available in terms of other legislation [section 5(1)(d)]

Brait is required to keep particular records, in terms of certain statutes. Insofar as may be applicable, Brait keeps records of information to the extent required in terms of the following legislation, as amended, and codes of best business practice:


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Basic Conditions of Employment Act, No. 75 of 1997; Companies Act No. 61 of 1973; Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993; Competition Act, No 89 of 1998; Constitution of South Africa Act, No 108 of 1996; Consumer Protection Act No. 68 of 2008; Corporate Laws Amendment Act No. 24 of 2006; Credit Agreements Act, No 75 of 1980; Electronic Communications & Transactions Act No. 25 of 2002; Employment Equity Act, No. 55 of 1998; Employment Equity Regulations of 2006; Financial Advisory and Intermediary Services Act, No. 37 of 2002; Financial Institutions (Protection of Funds) Act No. 28 of 2001; Financial Intelligence Centre Act, No. 38 of 2001; Income Tax Act, No. 58 of 1962; King III Report on Corporate Governance; Labour Relations Act, No. 66 of 1995; National Credit Act No. 34 of 2005; Occupational Health and Safety Act, No. 29 of 1996 Pension Funds Act, No. 24 of 1956; Prevention and Combating of Corruption Activities Act 12 of 2004 Prevention of Organised Crime Act, No. 121 of 1998; Promotion of Access to Information Act, No. 2 of 2000; Protected Disclosures Act 26 of 2000; Protection of Constitutional Democracy Against Terrorism and Related Activities Act No. 33 of 2004 Protection of Personal Information Bill of 2009; Regulation of Interception of Communications and Provision of Communication-Related Information Act Revenue Laws Amendment Act No. 45 of 2003; Securities Services Act No. 36 of 2004; Skills Development Act, No. 97 of 1998; Skills Development Levies Act, No. 9 of 1999; South African Reserve Bank Act, No 90 of 1989; Unemployment Contributions Act, No. 4 of 2002; Unemployment Insurance Act, No. 63 of 2001; Value-Added Tax Act No. 89 of 1991

Information and records held by Brait in terms of any of the abovementioned legislation will be made available in terms of the provisions of the relevant legislation, but without prejudice to the provisions of the Act. 8. Process and procedures for requesting information or records [section 51(1)(e)]

8.1. The requester must comply with all the procedural requirements relating to the request for access

to a record, as contained in the Act.

8.2. The requester must complete the prescribed form, as found in Appendix 1, together with the applicable request fees to the Deputy Information Officer at the postal or physical address, fax number or electronic mail address as stated in section 4 of this manual.

8.3. The prescribed form must be completed containing enough detail to enable the Deputy Information

Officer to identify: -

• The record or records requested;

• The identity of the requester;

• The form of access required, if the request is granted; and

• The postal address or fax number of the requester.


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8.4. The requester must state that he/she requires the information in order to exercise or protect a right, and clearly state what the nature of the right is, to be exercised or protected. In addition, the requester must clearly specify why the record is necessary to exercise or protect such a right.

8.5. Brait will process the request within 30 days, unless the requestor has stated special reasons, which would satisfy the Deputy Information Officer that circumstances dictate that the aforementioned time period is not complied with.

8.6. The requester shall be informed whether access is granted or denied in writing. If the requester requires the reasons for the decision in any other manner, he must state the manner and the particulars so required.

8.7. If a request is made on behalf of another person, the requester must submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the Deputy Information Officer.

8.8. If an individual is unable to complete the prescribed form due to illiteracy or disability, they may make the request orally.

8.9. The requester must pay the prescribed fee, before any further action can take place. 9. Grounds for refusal of access to records [Part II Chapter 4]

Brait may refuse a request for information or record if that information or record relates to:

9.1. 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;

9.2. Mandatory protection of the commercial information of a third party, if the record contains:

• Trade secrets of that third party;

• Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party;

• Information disclosed in confidence by a third party to Brait, 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;

9.3. Commercial activities of Brait, which may include:

• Trade secrets of Brait;

• Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of Brait;

• Information which, if disclosed could put Brait at a disadvantage in negotiations or commercial competition;

• A computer program which is owned by Brait and protected by copyright.


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9.4. Research information of Brait or a third party, if its disclosure would reveal the identity of the institution, the researcher or the subject matter of the research and would place the research at a serious disadvantage; and

9.5. Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable

diversion of resources, shall be refused. 10. Description of records held by Brait and the subjects and categories in which these records are

classed [section 5(1)(e)]

This section serves as a reference to the records that the entities within the Brait Group hold in order to facilitate a request in terms of the Act. The information is classified and grouped according to records relating to the following subjects and categories:

10.1. Company Secretarial records

• Memorandum and Articles of Association;

• Combined company register;

• Minutes of meetings;

• Statutory returns;

• Authorisation levels;

• Delegation of authority; and

• Share certificates

10.2. Movable and immovable property

• Title deeds;

• Lease agreements;

• Hire agreements;

• Hire-purchase agreements;

• Credit sale agreements; and

• Ordinary and conditional sale agreements

10.3. Intellectual property

• Patents;

• Copyright;

• Designs;

• Know-how; and

• Licences

10.4. Insurance

• Policies; and

• Insurance claims files


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10.5. Taxation

• Income tax returns;

• VAT returns;

• PAYE returns;

• SDL returns; and

• UIF returns

10.6. Human resources/Facilities

• Policies and procedures;

• Employee information;

• Employment agreements;

• Forms and applications;

• Standard letters and notices;

• Payroll reports;

• Payslips;

• IRP5 certificates;

• Accident report books and records

• Workplace agreements and records;

• Employee benefits arrangements, rules, schemes and records;

• Safely, health and environmental records;

• Labour disputes;

• Disciplinary code and grievance procedure; and

• Employee training

10.7. Finance

• Audited annual financial statements;

• Management accounts;

• Banking details and bank accounts;

• Debtors/creditors statements, invoices and reconciliations;

• General ledgers and subsidiary ledgers;

• Reconciliations; and

• Policies and procedures

10.8. Procurement

• Policies and procedures;

• Reports and supporting documentation;

• Standard terms and conditions for supply of services, products and software; and

• Contractor, client and supplier agreements and information

10.9. Client related records

• Records provided by a client to a third party acting for or on behalf of the Brait Group;

• Records provided by a third party;

• Records generated by or within Brait relating to its clients, including transactional records. A “client” refers to any natural or juristic entity that receives services from Brait.


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10.10. Legal

• Contracts;

• Agreements; and

• Litigation

10.11. Information technology

• System documentation and manuals;

• Project, disaster recovery and implementation plans; and

• Internet and computer policy documentation

10.12. Administration

• Intranet; and

• Correspondence with internal and external parties

10.13. Other party records

• Personnel, customer or private body records which are held by another party, as opposed to the records held by Brait itself;

• Records held by Brait pertaining to other parties, including, without limitation, financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors/suppliers.

• Brait may possess records pertaining to other parties, including without limitation, contractors, suppliers, subsidiary/holding companies, joint venture companies, and service providers. Alternatively, such other parties may possess records that can be said to belong to Brait.

It is recorded that the accessibility of the records and documents listed above, may be subject to the grounds of refusal as set out in section 9 of this manual.

11. Remedies available when a request is refused

11.1. Internal remedies

A decision made by the Deputy Information Officer is final. Requesters will have to exercise such external remedies at their disposal, should a request for the information be refused, and the requester is not satisfied with the answer supplied by the Deputy Information Officer.

11.2. External remedies

A requester who is dissatisfied with a decision by the Deputy Information Officer to refuse to disclose information may, within 30 days of notification of the decision, apply to a court for relief.

Likewise, a third party dissatisfied with the Deputy Information Officer’s decision to grant a request for information may, within 30 days of notification of the decision, apply to a court for relief. For the purpose of the Act, the courts that have jurisdiction over these applications are the Constitutional Court, the High Court or another court of similar status.


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12. Access to records held by the organisation

12.1. Following a request, records held by Brait may only be accessed, once the prerequisite

requirements for access have been met.

12.2. A requester is any person making a request for access to a record of Brait. Two types of requesters are identified as follows:

• Personal requester:

This is a requester who is seeking access to a record containing personal information about the requester. Brait will voluntarily provide the requested information, or give access to any record with regard to the requester’s personal information. The prescribed fee for reproduction of the information will be charged.

• Other Requester:

This is any other requester (other than a personal requester) entitled to request access to information on third parties. However, in these circumstances, Brait is not obliged to voluntarily grant access. The requester must fulfil the prerequisite requirements for access in terms of the Act, including the payment of a request and access fee.

13. Prescribed fees in respect of private bodies

13.1. The Act provides for two types of fees, namely:

13.1.1. A request fee, which is a standard fee; and

13.1.2. An access fee, which must be calculated by taking into account production costs, search

and preparation time and cost, as well as postal costs.

13.2. When the request is received by the Deputy Information Officer, such officer shall require the requester, other than a personal requester, to pay the prescribed request fee (if any), before the request is processed any further.

13.3. If the search for the record has been made and the preparation of the record for disclosure,

including arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations, for this purpose, the Deputy Information Officer shall notify the requester to pay, as a deposit, the prescribed portion of the access fee which would be payable if the request is granted.

13.4. The Deputy Information Officer shall withhold a record until the requester has paid the fees as

indicated in Appendix 2.

13.5. A requester whose request for access to a record has been granted, must pay an access fee for reproduction, search and preparation, and for any time reasonably required in excess of the hours prescribed in the regulations, including making arrangements to make it available in the requested format.


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13.6. If a deposit has been paid in respect of a request for access, which is refused, the Deputy Information Officer shall immediately repay the deposit to the requester.

14. Decision

14.1. Brait will, within 30 days of receipt of the request, decide whether to grant or decline the request

and give notice in writing with reasons (if required) to that effect.

14.2. The 30 day period within which Brait has to decide whether to grant or refuse the request, may be extended for a further period of not more than 30 days if the request is for a large amount of information, or the request requires a search for information held at another office of the Brait Group and the information cannot reasonably be obtained within the original 30 day period. The Deputy Information Officer will notify the requester in writing should an extension be sought.

15. Availability of the manual [section 51(3)]

15.1. This manual is made available in terms of Regulation Number R.187 of 15 February 2002.

15.2. This manual is available for inspection in the following manner:

• On Brait’s website at: www.brait.com • At Brait’s registered office: 2nd Floor Reception

9 Fricker Road Illovo Boulevard Illovo Sandton

• At the offices of the South African Human Rights Commission. 16. Enquiries

Any queries regarding the use of this manual should be directed to the Deputy Information Officer, whose contact details are found in Section 4 of this manual. This manual was reviewed by Brait’s compliance officer in September 2010.


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Appendix I

PRESCRIBED FORMS TO BE COMPLETED BY A REQUESTER

REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY

(Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No 2 of 2000 – Regulation 4) A. Particulars of private body

The Head:

B. Particulars of person requesting access to the record

(a) The particulars of the person who requests access to the records must be recorded below. (b) Furnish an address and/or fax number in the Republic to which information must be sent. (c) Proof of the capacity in which the request is made, if applicable, must be attached.

Full name and surname: ________________________________________________________________________________ Identity number: ________________________________________________________________________________ Postal Address: ________________________________________________________________________________ Telephone number: _______________________ Fax number: ___________________________ E-mail address: ____________________________________________________________________ Capacity in which request is made, when made on behalf of another person: ________________________________________________________________________________ A. Particulars of person on whose behalf request is made:

This section must be completed only if a request for information is made on behalf of another

person.

Full names and surname: _________________________________________________________________________________ Identity number: ________________________________________________________________________________ D. Particulars of Record:


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(a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.

(b) If the provided space is inadequate please continue on a separate folio and attach it to this

form. The requester must sign all the additional folios.

1. Description of record or relevant part of the record: ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ 2. Reference number, if available: ________________________________________________________________________________ 3. Any further particulars of record: ________________________________________________________________________________

E. Fees

(a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.

(b) You will be notified of the amount required to be paid as the request fee. (c) The fees payable for access to a record depends on the form in which access is required

and the reasonable time required to search for and prepare a record. (d) If you qualify for exemption of the payment of any fee, please state the reason therefore.

Reason for exemption from payment of fees: ________________________________________________________________________________


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F. Form of access to record

If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.

Disability: ____________________________________ ____________________________________ ____________________________________

Form in which record is required: ____________________________________ ____________________________________ ____________________________________

1. Mark the appropriate box with an “X”

NOTES:

(a) Your indication as to the required form of access depends on the form in which the record is available.

(b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.

(c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.

1. If the record is in written or printed form:

Copy of record* Inspection of record

2. If record consists of visual images: (this includes photographs, slides, video recordings, computer-generated images, sketches, etc)

View the images Copy of the images* Transcription of the images*

3. If record consists of recorded words or information which can be reproduced in sound:


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Listen to the soundtrack (audio cassette)

Transcription of soundtrack* (written or printed document)

4. If record is held on computer or in an electronic or machine-readable form:

Printed copy of record

Printed copy of information derived from the record*

Copy in computer readable form* (stiffy or compact disc)

*If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you?

A postal fee is payable.

YES NO

G. Particulars of right to be exercised or protected:

If the provided space is inadequate please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.

Indicate which right is to be exercised or protected: ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________

Explain why the requested record is required for the exercising or protection of the aforementioned right: ________________________________________________________________________________

________________________________________________________________________________ ________________________________________________________________________________

H. Notice of decision regarding request for access:

You will be notified in writing whether your request has been approved/denied. If you wish to be informed thereof in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your request for access to the record? ________________________________________________________________________________ ________________________________________________________________________________


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Signed at _______________________this________day of __________________ 200___

________________________________________ SIGNATURE OF REQUESTER/PERSON ON WHOSE BEHALF REQUEST IS MADE


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Appendix II

PRESCRIBED FEES

A. Prescribed fees in respect of public bodies

The following is the breakdown of the costs of accessing the records of a public body as prescribed in the Regulations. Part II of Regulation 187 published in the Government Gazette on 15 February 2002:

1. 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.

2. The fees for reproduction referred to in Regulation 7(1) are as follows:

R

For every photocopy of an A4-size page or part thereof 0,60

For every printed copy of A4-size page or part thereof held on a computer or in electronic or machine readable form

0,40

For a copy in a computer-readable form on

Stiffy disc 5,00

Compact disc 40,00

A transcription of visual images,

for A4-size page or part thereof 22,00

For a copy of visual images 60,00

A transcription of an audio record,


For a copy of an audio record 17,00

3. The request fee payable by every requester, other than a personal requester referred to in Regulation 7(2) is R35,00, and is payable up-front before the institution will further process the request received.

4. An access fee is payable in all instances where a request for access to information is granted,

except in those instances where payment of an access fee is specially excluded in terms of the Act or an exclusion is determined by the Minister in terms of Section 54 (8). The access fees payable by a requestor referred to in Regulation 7(3) are as follows:

(i) R



0,40


Stiffy disc 5,00

Compact disc 40,00





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To search for and prepare the record for disclosure, R15,00 for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation

15,00

(ii) 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. (iii) Where a copy of a record needs to be posted to a requester, the actual postage fee is payable. Deposits:

Where the Brait Group receives a request for access to information held on a person other than the requester himself/herself and the Information officer or Deputy Information Officer, upon receipt of the request is of the opinion that the preparation of the required record of disclosure will take more than 6 (six) hours, a deposit is payable by the requester. The amount of the deposit is equal to 1/3 (one third) of the amount of the applicable access fee. Note:

In terms of Regulation 8, Value Added Tax (VAT) must be added to all fees prescribed in terms of the Regulations to the Act.

B. Costs of requests – private bodies

The following is the breakdown of the costs of accessing the records of a private body as prescribed in the Regulations. Part III of Regulation 187 published in the Government Gazette on 15 February 2002: 1. The fee for a copy of the manual as contemplated in Regulation 9 (2) (c) is R1,10 for every photocopy of

an A4-size page or part thereof. 2. The fees for reproduction referred to in Regulation 11(1) are as follows:

R



0,75


Stiffy disc 7,50

Compact disc 70,00





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For a copy of an audio record 30,00 3. The request fee payable by every requester, other than a personal requester referred to in Regulation

11(2) is R50,00, and is payable up-front before the institution will further process the request received. 4. An access fee is payable in all instances where a request for access to information is granted, except in

those instances where payment of an access fee is specially excluded in terms of the Act or an exclusion is determined by the Minister in terms of Section 54 (8). The access fees payable by a requestor referred to in Regulation 11(3) are as follows:

(i) R



0,75


Stiffy disc 7,50

Compact disc 70,00







To search for and prepare the record for disclosure, R30,00 for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation

30,00

(ii) For purposes of section 54(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 request fee payable by every requester, other than a personal requester referred to in Regulation 11(2) is R50,00, and is payable up-front before the institution will further process the request received. Note:

In terms of Regulation 8, Value Added Tax (VAT) must be added to all fees prescribed in terms of the Regulations to the Act.

Documents

Promotion of Access to Information Manual - Brait