8.2. Note that the accessibility of the records may be subject to the grounds of refusal set

out in this PAIA manual. Amongst other, records deemed confidential on the part of a

third party, will necessitate permission from the third party concerned, in addition to

normal requirements, before Dr Johan Aikman will consider access.

9. RECORDS AVAILABLE WITHOUT A REQUEST TO ACCESS IN TERMS OF THE

ACT

9.1. Records of a public nature, typically those disclosed on the Dr Johan Aikman website

and in its various annual reports, may be accessed without the need to submit a formal

application.

9.2. Other non-confidential records, such as statutory records maintained at CIPC, may also

be accessed without the need to submit a formal application, however, please note that

an appointment to view such records will still have to be made with the Information

Officer.

8 | P a g e10. DESCRIPTION OF THE RECORDS OF THE BODY WHICH ARE AVAILABLE IN

ACCORDANCE WITH ANY OTHER LEGISLATION (SECTION 51(1) (D))

10.1. Where applicable to its operations Dr Johan Aikman also retains records and

documents in terms of the legislation below. Unless disclosure is prohibited in

terms of legislation, regulations, contractual agreement or otherwise, records that

are required to be made available in terms of these acts shall be made available for

inspection by interested parties in terms of the requirements and conditions of the

Act; the below mentioned legislation and applicable internal policies and

procedures, should such interested parties be entitled to such information. A

request to access must be done in accordance with the prescriptions of the Act.

a. Auditing Professions Act, No 26 of 2005;

b. Basic Conditions of Employment Act, No 75 of 1997;

c. Broad- Based Black Economic Empowerment Act, No 75 of 1997;

d. Business Act, No 71 of 1991;

e. Companies Act, No 71 of 2008;

f. Compensation for Occupational Injuries & Diseases Act, 130 of 1993;

g. Competition Act, No.71 of 2008;

h. Constitution of the Republic of South Africa 2008;

i. Copyright Act, No 98 of 1978;

j. Customs & Excise Act, 91 of 1964;

k. Electronic Communications Act, No 36 of 2005;

l. Electronic Communications and Transactions Act, No 25 of 2002;

m. Employment Equity Act, No 55 of 1998;

n. Financial Intelligence Centre Act, No 38 of 2001;

o. Identification Act, No. 68 of 1997;

p. Income Tax Act, No 58 of 1962;

q. Intellectual Property Laws Amendment Act, No 38 of 1997;

r. Labour Relations Act, No 66 of 1995;

s. Long Term Insurance Act, No 52 of 1998;

t. Occupational Health & Safety Act, No 85 of 1993;

u. Pension Funds Act, No 24 of 1956;

v. Prescription Act, No 68 of 1969;

9 | P a g ew. Prevention of Organised Crime Act, No 121 of 1998;

x. Promotion of Access to Information Act, No 2 of 2000;

y. Protection of Personal Information Act, No. 4 of 2013;

z. Regulation of Interception of Communications and Provision of

Communication-Related Information Act 70 of 2002

aa. Revenue laws Second Amendment Act. No 61 of 2008;

bb. Skills Development Levies Act No. 9 of 1999;

cc. Short-term Insurance Act No. 53 of 1998;

dd. Trust Property Control Act 57 of 1988

ee. Unemployment Insurance Contributions Act 4 of 2002;

ff. Unemployment Insurance Act No. 30 of 1966;

gg. Value Added Tax Act 89 of 1991.

* Although we have used our best endeavours to supply a list of applicable

legislation, it is possible that this list may be incomplete. Whenever it comes to

our attention that existing or new legislation allows a Requester access on a

basis other than as set out in PAIA, we shall update the list accordingly. If a

Requester believes that a right of access to a record exists in terms of other

legislation listed above or any other legislation, the Requester is required to

indicate what legislative right the request is based on, to allow the Information

Officer the opportunity of considering the request in light thereof.

10.2. It is further recorded that the accessibility of documents and records may be

subject to the grounds of refusal set out in this PAIA Manual.

10 | P a g e11. DETAIL TO FACILITATE A REQUEST FOR ACCESS TO A RECORD OF DR

JOHAN AIKMAN (SECTION 51(1) (E))

11.1. The requester must comply with all the procedural requirements contained in the

Act relating to the request for access to a record.

11.2. The requester must complete the prescribed form enclosed herewith, and submit

same as well as payment of a request fee and a deposit (if applicable) to the

Information Officer or the Deputy Information Officer at the postal or physical

address, fax number or electronic mail address as noted in clause 5 above.

11.3. The prescribed from must be filled in with sufficient information to enable the

Information Officer to identify:

a. the record or records requested; and

b. the identity of the requester.

11.4. The requester should indicate which form of access is required and specify a postal

address of fax number of the requester in the Republic;

11.5. 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 so to be exercised

or protected. The requester must clearly specify why the record is necessary to

exercise or protect such a right (section 53(2)(d)).

11.6. Dr Johan Aikman will process the request within 30 (thirty) days, unless the

requester has stated special reasons to the satisfaction of the Information Officer

that circumstances dictate that the above time periods not be complied with.

11.7. The requester shall be advised whether access is granted or denied in writing. If, in

addition, the requester requires the reasons for the decision in any other manner,

the requester will be obliged to state which manner and the particulars required.

11.8. If a request is made on behalf of another person, then the requester must submit

proof of the capacity in which the requester is making the request to the reasonable

satisfaction of the Information Officer (section 53(2)(f)).

11 | P a g e11.9. If an individual is unable to complete the prescribed form because of illiteracy or

disability, such a person may make the request orally.

11.10. The requester must pay the prescribed fee, before any further processing can take

place.

11.11. All information as listed in clause 11 herein should be provided and failing which

the process will be delayed until the required information is provided. The

prescribed time periods will not commence until the requester has furnished all the

necessary and required information. The Information Officer shall sever a record, if

possible, and grant only access to that portion requested and which is not

prohibited from being disclosed.

12. REFUSAL OF ACCESS TO RECORDS

12.1. Grounds to Refuse Access

A private body such as Dr Johan Aikman is entitled to refuse a request for information.

12.1.1. The main grounds for Dr Johan Aikman to refuse a request for information relates

to the:

a. mandatory protection of the privacy of a third party who is a natural person or a

deceased person (section 63) or a juristic person, as included in the Protection of

Personal Information Act 4 of 2013, which would involve the unreasonable

disclosure of personal information of that natural or juristic person;

b. mandatory protection of personal information and for disclosure of any personal

information to, in addition to any other legislative, regulatory or contractual

agreements, comply with the provisions of the Protection of Personal Information

Act 4 of 2013;

c. mandatory protection of the commercial information of a third party (section 64) if

the record contains:

i. trade secrets of the third party;

ii. financial, commercial, scientific or technical information which

disclosure could likely cause harm to the financial or commercial

interests of that third party;

iii. information disclosed in confidence by a third party to Dr Johan Aikman,

if the disclosure could put that third party at a disadvantage in

12 | P a g enegotiations or commercial competition;

d. mandatory protection of confidential information of third parties (section 65) if it is

protected in terms of any agreement;

e. mandatory protection of the safety of individuals and the protection of property

(section 66)

f. mandatory protection of records which would be regarded as privileged in legal

proceedings (section 67).

12.1.2. The commercial activities (section 68) of a private body, such as Dr Johan

Aikman, which may include:

a. trade secrets of Dr Johan Aikman;

b. financial, commercial, scientific or technical information which disclosure could

likely cause harm to the financial or commercial interests of Dr Johan Aikman;

c. information which, if disclosed could put Dr Johan Aikman at a disadvantage in

negotiations or commercial competition;

d. a computer program which is owned by Dr Johan Aikman, and which is protected

by copyright;

e. the research information (section 69) of Dr Johan Aikman or a third party, if its

disclosure would disclose the identity of Dr Johan Aikman, the researcher or the

subject matter of the research and would place the research at a serious

disadvantage.

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

unreasonable diversion of resources shall be refused.

12.1.4. All requests for information will be assessed on their own merits and in accordance

with the applicable legal principles and legislation.

12.1.5. If a requested record cannot be found or if the record does not exist, the

Information Officer shall, by way of an affidavit or affirmation, notify the requester

that it is not possible to give access to the requested record. Such a notice will be

regarded as a decision to refuse a request for access to the record concerned for

the purpose of the Act. If the record should later be found, the requester shall be

13 | P a g egiven access to the record in the manner stipulated by the requester in the

prescribed form, unless the Information Officer refuses access to such record.

13. REMEDIES AVAILABLE WHEN DR JOHAN AIKMAN REFUSES A

REQUEST

13.1 Internal Remedies

Dr Johan Aikman does not have internal appeal procedures. The decision made by the

Information Officer is final. Requesters will have to exercise such external remedies at

their disposal if the request for information is refused, and the requestor is not satisfied

with the answer supplied by the Information Officer.

13.2. External Remedies

13.1.1. A requestor that is dissatisfied with the Information Officer’s refusal to disclose

information, may within 30 (thirty) days of notification of the decision, may apply to a

Court for relief.

13.1.2. A third party dissatisfied with the Information Officer’s decision to grant a request

for information, may within 30 (thirty) days of notification of the decision, apply to a Court

for relief.

For purposes of the Act, the Courts that have jurisdiction over these applications are the

Constitutional Court, the High Court or another court of similar status and a Magistrate’s

Court designated by the Minister of Justice and Constitutional Development and which is

presided over by a designated Magistrate.

14. ACCESS TO RECORDS HELD BY DR JOHAN AIKMAN

14.1 Prerequisites for Access by Personal/Other Requester

14.1.1. Records held by Dr Johan Aikman may be accessed by requests only

once the prerequisite requirements for access have been met.

14.1.2. A requester is any person making a request for access to a record of Dr

Johan Aikman. There are two types of requesters:

a. Personal Requester

14 | P a g ei. A personal requester is a requester who is seeking access to a

record containing personal information about the requester.

ii. Dr Johan Aikman 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 requested will be charged.

b. Other Requester

i. This requester (other than a personal requester) is entitled to

request access to information on third parties.

ii. In considering such a request Dr Johan Aikman will adhere to the

provisions of the Act. Section 71 requires that the Information

Officer take all reasonable steps to inform a third party to whom

the requested record relates of the request, informing him/her that

he/she may make a written or oral representation to the

Information Officer why the request should be refused or, where

required, give written consent for the disclosure of the Information.

Dr Johan Aikman is not obliged to voluntarily grant access to such

records. The requester must fulfil the prerequisite requirements, in

accordance with the requirements of the Act and as stipulated in

Chapter 5; Part 3, including the payment of a request and access

fee.

15. PRESCRIBED FEES (SECTION 51 (1) (F))

15.1. Fees Provided by the Act

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

a. A request fee, which is a form of administration fee to be paid by all

requesters except personal requesters, before the request is

considered and is not refundable; and

b. An access fee, which is paid by all requesters in the event that a

request for access is granted. This fee is inclusive of costs involved by

the private body in obtaining and preparing a record for delivery to the

requester.

15 | P a g e15.1.2. When the request is received by the Information Officer, such officer shall

by notice require the requester, other than a personal requester, to pay

the prescribed request fee, before further processing of the request

(section 54(1)).

15.1.3. 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 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.

15.1.4. The Information Officer shall withhold a record until the requester has paid

the fees as indicated below.

15.1.5. A requester whose request for access to a record has been granted, must

pay an access fee that is calculated to include, where applicable, the

request fee, the process fee for reproduction and for search and

preparation, and for any time reasonably required in excess of the

prescribed hours to search for and prepare the record for disclosure

including making arrangements to make it available in the request form.

15.1.6. If a deposit has been paid in respect of a request for access, which is

refused, then the Information Officer concerned must repay the deposit to

the requester.

16 | P a g e16. REPRODUCTION FEE

16.1. Where Dr Johan Aikman has voluntarily provided the Minister with a list of

categories of records that will automatically be made available to any person

requesting access thereto, the only charge that may be levied for obtaining such

records, will be a fee for reproduction of the record in question.