Last Updated: 14-Feb-2008

Access to Information Manual for GCIS

Manual in terms of section 14 of the Promotion of Access to Information Act (PAIA), 2000 (Act No 2 of 2000)

March 2007

Contents

1. Preamble
2. GCIS' Vison, Mission and Objectives
   2.1 Functions of components of the GCIS
   2.2 Management structure of GCIS
3. Contact details of Information Officer
4. Guide of South African Human Rights Commission (SAHRC) on how to use the PAIA, 2000 [section 14(1)(c)]
5. Subjects on which GCIS holds records - section 14(1)(d)
   5.1 Description of subjects on which GCIS holds records and categories of records held on each subject
   5.2 Records automatically available - section 14(1)(e)
   5.3 Request procedure
6. Remedies available in respect of acts or failures to act
7. Prescribed fees
8. Prescribed form for access to a record of a public body

1. Preamble

This manual was developed as a guide on how members of the public can access information held by GCIS. It describes what information is available from the department and tells you how to access the information.

The Act states that each body has to designate an Information Officer and Deputy Information Officer(s) who will be responsible for processing applications for access to information and helping applicants to lodge their applications.

The manual gives effect to the right to have access to information, which is a right provided for in the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996).

2. GCIS' Vision, Mission and Objectives

GCIS' vision is helping to meet the communication and information needs of government and the public, to ensure a better life for all.

GCIS' mission is to provide leadership in government communication and ensure that the public is informed of government's implementation of its mandate.

The overarching strategic objective of GCIS is to enhance the government communication system and its operations in ways that contribute to the process of further consolidating our democracy and taking the country onto a higher growth and development path.

GCIS' strategic objective will be achieved by having the following elements in our strategic approach:

• providing leadership in government communications and ensure better performance by the communication system
• building a framework of communication partnerships informed by an encompassing vision around common development objectives
• promoting awareness of the opportunities that democracy has brought and how to access them
• promoting awareness of the institutions and programmes of continental and regional integration and development
• communication research and information.

2.1 Functions of components of the GCIS

GCIS is structured to fulfill its mandate outlined above. It comprises six divisions (chief directorates): Corporate Services, Policy and Research, Provincial and Local Liaison, Communication Service Agency, Government and Media Liaison, and Vuk’uzenzele.

• Corporate Services (CS) aims to provide an efficient and effective support service to the entire GCIS. It comprises two directorates:
  Human Resources (HR) and Training Services (TS).
  The Directorate: HR is responsible for the following subdirectorates: Human Resource Management (HRM), Internal Communication, and Information Centre.
  The Directorate: TS is responsible for the following subdirectorates: Human Resource Development (HRD) and Special Programmes.
• Policy and Research (P&R) conducts communication research to provide advice on communication in support of government’s Programme of Action, and monitors the development and implementation of government programmes from a communication perspective.
  The section also provides institutional support to the Media Development and Diversity Agency (MDDA).
  It comprises two directorates: Directorate: Policy and Directorate: Research.
• Government and Media Liaison (G&ML) promotes the co-ordination and integration of communication across government, and provides a professional service to the media.
  It ensures that departments, clusters and provinces develop their own communication strategies within the framework of the national communication strategy, and that domestic and foreign media get timely government information.
  It comprises three directorates: International and Media Liaison, News Service, and National Liaison.
• Provincial and Local Liaison (P&LL) supports the provision of development communication and extends government’s information structure through partnership with provincial and local governments.
  It facilitates the establishment of Thusong Service Centres to make services and information more accessible to the public, particularly the poor.
  It comprises three directorates: Institutional Development, Local Liaison and Information Management, and Administration.
• Communication Service Agency (CSA) provides core communication services to the GCIS and other government departments, both in-house and through outsourcing.
  It produces and distributes information through appropriate platforms and mechanisms to reach the intended public.
  It comprises three directorates: Product Development, Content Development, and Marketing, Advertising and Distribution.
• Vuk’uzenzele primarily focuses on producing a free government magazine that highlights opportunities – economic and other – created by our new democracy and how to access these opportunities.
• Information Management and Technology is responsible for the efficient and effective use of information and communications technology as strategic resources in the execution by GCIS of its functions.
  The section comprises the following subprogrammes: Network and Server Support, Regional Support and Training, Systems Development, and Electronic Information Resources
• Finance and Provisioning Management provides overall financial management in GCIS and oversees the implementation of the Public Finance Management Act, 1999 (Act 1 of 1999).
  The directorate comprises the following subprogrammes: Auxiliary Services, Provisioning Administration, Budget Office, and Financial Administration.
• Internal Audit helps the GCIS to accomplish its objectives by bringing a systematic and disciplined approach to evaluate and improve the effectiveness of risk management, risk control and governance processes.
• Project Desk provides professional project management and co-ordination solutions to help GCIS meet the communication and information needs of government and the public, to ensure a better life for all.

2.2 Management structure of GCIS

3. Contact details of Information Officer

The CEO is the Information Officer in terms of the PAIA, 2000.
GCIS has one Deputy Information Officer:

• Information Officer: Themba Maseko
  Postal address: Private Bag X745, Pretoria, 0001
  Street address: 356 Midtown Building, cnr Prinsloo & Vermeulen Streets, Pretoria
  E-mail: themba@gcis.gov.za
  Tel : (012) 314-2127
  Fax: (012) 325-3020
  Cell: 082 900 0083
  
  
• Deputy Information Officer: Keitumetse Semakane
  Tel : (012) 314–2299
  Fax: (012) 326–4585
  Cell: 082 570 5262
  E-mail: keitu@gcis.gov.za

4. Guide of South African Human Rights Commission (SAHRC) on how to use the PAIA, 2000 [section 14(1)(c)]

The SAHRC (hereafter referred to as the commission) will, in terms of Section 10 of the PAIA, 2000, compile a guide on the use of this Act. This guide will be made available at the commission. Any queries relating to the guide should be directed to the commission at:

SAHRC
Private Bag 2700, Houghton, 2041
Tel: (011) 484 8300
Fax: (011) 484 1360
E-mail: paia@sahrc.org.za

5. Subjects on which GCIS holds records - section 14(1)(d)

5.1 Description of subjects on which GCIS holds records and categories of records held on each subject

For purposes of facilitating a request in terms of the Act, the subjects on which the GCIS holds records and the categories of records held on each subject are as follows:

A. Corporate Services
a) Policies and procedures, and manuals
b) Employee information and labour-relations issues
c) Minutes of meetings
d) Internal newsletters
e) Intranet
f) Correspondences with internal and external clients
g) Employee-assistance programme
h) Training and development strategies
i) Information directories (South African Government Directory, Directory of Contacts, Media Directory and Profiles)
j) Learnership programme
k) Internship and experiential training programmes
l) Training programme for government communicators
m) Agreements and legal documents.
B. Policy and Research
a) Minutes of meetings
b) Reports and statements
c) Specifications and research proposals
d) Datasets, reports and presentations
e) Correspondence with internal and external service-providers and clients
f) Management information (e.g. HRM, HRD, Finance)
g) MDDA Act, 2002 (Act 14 of 2002).
C. Government and Media Liaison
a) Newsletters
b) Minutes of meetings
c) Communication strategies
d) Media strategies
e) Government Communicators’ Handbook
f) News articles
g) Reports and statements
h) Media and communicators’ databases.
D. Provincial and Local Liaison
a) Thusong Service Centre strategies
b) Development Communication strategies and materials
c) Promotional and marketing materials
d) Reports
e) Minutes of meetings.
E. Communication Service Agency
a) Publications
b) Broadcast adverts and programmes
c) Marketing and distribution strategies
d) Media briefs
e) Reports
f) Photographic images
g) South Africa Yearbook and Pocket Guide to South Africa
h) Minutes of meetings.
F. Finance and Provisioning Management
a) Service-providers’ database
b) Financial records and statements
c) Budget plans and monthly projections
d) Minutes of meetings
e) Policies and procedures
f) Reports
g) Asset Management Register
h) Agreements and contracts
i) Tender documentations
j) Structures and planning documents
k) Correspondences with internal and external clients.
G. Information Management and Technology
a) Information available on the GCIS website
b) Information available on the Government Information website
c) Information available on the Government Services website
d) Policy and guideline documents
e) Manuals
f) Correspondence with internal and external clients
g) Minutes of meetings
h) Reports.
H. Vuk’uzenzele
a) Magazines
b) Minutes of meetings
c) Reports
d) Advertising Rates Card
e) Distribution points.
I. Project Des
a) Project documentations
b) Reports
c) Minutes of meetings.
J. Internal Audit
a) Reports
b) Minutes of meetings.

5.2 Records automatically available - section 14(1)(e)

The information available on the GCIS website ( www.gcis.gov.za) is voluntarily disclosed. Other information products and materials voluntarily disclosed include:
1. Reports
2. Booklets
3. Newsletters
4. Marketing materials
5. Posters
6. Pamphlets
7. Leaflets
8. News articles on www.buanews.gov.za/index.html

5.3 Request procedure

(a) Granting or refusal of request:

The requester must be given access to a record of a public body if the requester complies with the following:

• The requester complies with all the procedural requirements in the Act relating to the request for access to that record
• Access to that record is not refused on any ground of refusal mentioned in the Act.

(b) How do I request access to a record:

• A requester must use the form (Form A) that was printed in the Government Gazette (Government Notice R187 of 15 February 2002).
• The requester must also indicate if the requester wants a copy of the record or if the requester wants to come in and look at the record at GCIS' offices. Alternatively, if the record is not a paper document, it can then be viewed in the requested form, where possible.
• If a requester asks for access in a particular form (e.g. a paper copy, electronic copy, etc.), then he/she should get access in that form. This is unless doing so would interfere unreasonably with the running of the public body concerned, or damage the record, or infringe a copyright not owned by the state. If for practical reasons access cannot be given in the required form but in another form, then the fee must be calculated according to the way that the requester first asked for it.
• If, in addition to a written reply to their request for the record, the requester wants to be told about the decision in any other way (e.g. telephonically), this must be indicated.
• If a requester is asking for the information on behalf of somebody else, the capacity in which the request is being made must be indicated.
• If a requester is unable to read or write, or has a disability, then the request can be made orally. The Information Officer must then fill in the form on behalf of such a requester and give them a copy of the completed form.

(c) Fees payable for a request and notification of decision on access

• 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 must pay the request fee of R35.
• The information officer must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed request fee (if any) and deposit (if any) before further processing the request.
• The requester may lodge an internal appeal, where appropriate, or an application to the court against the tender or payment of a fee.
• After the Information Officer has made a decision on the request the requester must be notified of such decision, in the way in which the requester wanted to be notified.
• If the request is granted then a further access fee must be paid for the reproduction, and for all search and preparation time exceeding stipulated hours to search and prepare the record for disclosure.
• Access to a record will be withheld until all the applicable fees have been paid.

6. Remedies available in respect of acts or failures to act

The following procedures exist for persons to report or remedy alleged irregular, improper or unlawful official acts or omissions by the GCIS or any of its employees:

(a) Procedures for reporting or remedying:

• Remedies in respect of acts or failures to act in terms of the PAIA, 2000: The internal appeal authority for purposes of this Act is the Minister. After exhausting the internal appeal remedy an application may be lodged with a court (sections 78 - 82)
• A public service employee may lodge a grievance or compliant for investigation by the Public Service Commission concerning an official act or omission (section 35 of the Public Service Act, 1994) (Act 104 of 1994)
• A person may use labour remedies regarding official acts or omissions of a labour nature, namely disputes of rights (the Public Service Act, 1994, and Labour Relations Act, 1995) (act 66 of 1995)
• IV. A person may lodge a complaint with a labour inspector concerning any alleged contravention of the Basic Conditions of Employment Act, 1997 (Act 75 of 1997) - section 78(1)(a), or the Employment Equity Act, 1998 (Act 55 of 1998 - section 34(e)
• A person may lodge a complaint with the Public Protector concerning a suspected unlawful or improper official act or omission (the Constitution and the Public Protector Act, 1994 (Act 23 of 1994)
• A person may lodge a complaint with the SAHRC concerning an official act or omission that is suspected to constitute a violation of or threat to any fundamental right (Human Rights Commission Act, 1994 (Act 54 of 1994).
• In order to be protected from reprisals because of a disclosure regarding unlawful or irregular conduct by the employer or a fellow employee, the person in question may follow the disclosure procedures in the Protected Disclosures Act, 2000 (Act 26 of 2000)
• A person may use other legal remedies such as the institution of proceedings for the judicial review of an administrative action in terms of the Promotion of Administrative Justice Act, 2000 (Act 3 of 2000).

(b) Other supportive remedies:

• A person may request reasons for an administrative action in terms of the Promotion of Administrative Justice Act, 2000 (Section 5)
• A person may request access to records of a government department or other public body in terms of the PAIA, 2000 (Section 11)..

(c) Duty to report:

• A public service employee, in the course of his/her official duties, is obliged in terms of the Code of Conduct to report to the appropriate authorities, fraud, corruption, nepotism, maladministration and any other act which constitutes an offence or which is prejudicial to the public interest. An employee who fails to comply with this is guilty of misconduct. (Regulation B.3 and C.4.10 of Chapter 2 of the Public Service Regulations, 2001)
• The responsibility of every employer and employee to disclose criminal and any other irregular conduct in the workplace also underpins the Protected Disclosures Act, 2000 (Preamble).

Prescribed fees for public bodies

(Part II of Notice 187 in the Government Gazette on 15 February 2002)

Prescribed forms for access to a record of a public body

• Form A: Request for access to a record of a public body (Section 18(1) of the PAIA, 2000) (Annexure B of Notice 187 in Government Gazette 23119 of 15 February 2002) PDF 169 kb

Prepared by
GCIS’ Deputy Information Officer:
Mr Keitumetse Shadrack Semakane

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