Access to Information Manual (English)

August 2013

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

1. Preamble
The Promotion of Access to Information Act, 2000, states that each body must designate an Information Officer and Deputy Information Officer(s) who will be responsible for processing applications for access to information, and help applicants to lodge their applications.

This manual was developed as a guide on how members of the public can access information held by the Government Communication and Information System (GCIS). It describes which information is available from the department and tells you how to access this information. The manual gives effect to the right of access to information, provided for in the Constitution of the Republic of South Africa, 1996.

Apart from records, also called files, the manual also contains contact details of GCIS’ Information Officer and Deputy Information Officer.

2.  GCIS mandate

The primary mandate of GCIS is to provide strategic leadership in government communication and to coordinate a government communication system that ensures that the public is informed about government policies, plans and programmes.

Vision: To be the pulse of communication excellence in government.

Mission: To provide professional services, set and influence adherence to standards for an effective government communication system; and to drive coherent government messaging and proactively communicate with the public about government policies, plans, programmes and achievements.

2.1 Components of CIS

GCIS is structured to fulfil its mandate as outlined above. It comprises 15 divisions or chief directorates:

2.1.1    Products and Platforms
2.1.2    Marketing and Distribution
2.1.3    Policy and Research
2.1.4    Finance, Supply Chain Management and Auxiliary Services
2.1.5    Human Resources
2.1.6    Information Management and Technology
2.1.7    Property and Facilities Management
2.1.8    Strategic Planning and Programme Management Office
2.1.9    Training and Development
2.1.10    Cluster Supervision: Economic Sector and Employment; Infrastructure Development; Justice, Crime Prevention and Security; International Cooperation, Trade and Security
2.1.11    Cluster Supervision: Human Development; Social Protection and Community Development; Governance and Administration
2.1.12    Provincial and Local Liaison
2.1.13    Media Engagement
2.1.14    Advertising and Media Buying
2.1.15    Internal Audit

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2.2    Detailed explanation and functions

2.2.1    Internal Audit is designed to improve risk management, control and governance processes.

2.2.2    Branch: Content processing and dissemination

The Branch Content Processing and Dissemination coordinates the formulation and execution of the National Communication Strategy.

The functions of this branch are to:

  • conduct research to assess how government should inform the public’s communication needs
  • monitor media coverage of government programmes from a communications perspective
  • provide strategic guidance in the evaluation and analysis of print and electronic media to contribute to professional and timeous government communication
  • develop communication products/platforms and the content thereof
  • procure advertising time and/or space required for successful government advertising campaigns
  • facilitate communication training and skills development of government communicators.

The branch comprises the following chief directorates:

  • Content and Writing
  • Policy and Research
  • Marketing and Distribution

A    Products and Platforms is responsible for a range of communication platforms created and operated by GCIS. These platforms are part of our commitment to keeping South Africans and stakeholders elsewhere informed about government’s policies and activities and the opportunities arising from these programmes for citizens, businesses and other partners.

B    Policy and Research conducts research to assess how government should inform the public’s communication needs and monitor media coverage of government programmes from a communication perspective.

C  Marketing and Distribution ensures that GCIS has effective marketing and distribution strategies for all its products and platforms.

2.2.2  Branch: Intergovernmental Coordination and Stakeholder Management

The Branch Intergovernmental Coordination and Stakeholder Management provides leadership and strategic advice to the provincial and local government communication systems. Its purpose is to strengthen the system of government communication and implement development communication using unmediated communication through sound stakeholder relations and partnerships; and to ensure that the public is informed about government policies and programmes to improve their lives.

The functions of the branch are to:

  • provide strategic leadership in government communication
  • strengthen and manage the government-wide communication system for effectiveness and proper alignment
  • build partnerships with strategic stakeholders in pursuit of GCIS’ vision

The branch comprises the following chief directorates:

  • Provincial and Local Liaison
  • Media Engagement
  • Cluster Supervision: Economic Sector and Employment; Infrastructure Development; Justice, Crime Prevention and Security; International Cooperation, Trade and Security Clusters
  • Cluster Supervision: Human Development; Social Protection and Community Development; Governance and Administration Clusters

A   Provincial and Local Liaison (P&LL) provides strategic leadership to the interface of national government communication with provincial communication programmes. The Chief Directorate manages the nine provincial offices and the directorate at the national office.

B    Media Engagement leads and drives interaction and communication between government and the media. Key to its mandate is the promotion and facilitation of media’s understanding of government’s agenda to foster an environment that encourages an active and engaged citizenry; one that is well informed, knowledgeable, politically literate and confident of asserting its right to equitable service delivery.

C    Cluster Supervision: Economic Sector and Employment; Infrastructure Development; Justice, Crime Prevention and Security; International Cooperation, Trade and Security provides strategic cluster communication advice and support to departments. It enables the developing of communication plans that emanate from Cabinet. The Clusters further provide a platform for joint planning and collective implementation of government programmes by communicators.

D    Cluster Supervision: Human Development; Social Protection and Community Development; Governance and Administration provides strategic cluster communication advice and support to departments. It enables the developing of communication plans that emanate from Cabinet. The clusters further provide a platform for joint planning and collective implementation of government programmes by communicators.

2.2.3    Branch: Corporate Services

The Branch Corporate Services manages support services that are provided to the line management.

The branch comprises the following chief directorates:

  • Finance, Supply Chain and Auxiliary Services
  • Human Resources
  • Information Management and Technology
  • Property and Facilities Management 
  • Strategic Planning and Programme Management
  • Training and Development

A    Finance, Supply Chain and Auxiliary Services provides for the strategic leadership in financial administration and supply chain management.

B    Human Resources provides strategic leadership in the implementation of the human resource management strategy of the department.

C    Information Management and Technology provides strategic guidance relating to information management and technology to GCIS.

D    Property and Facilities Management is responsible for the procurement of office space for the GCIS.

E    Strategic Planning and Programme Management provides strategic management services to the organisation in accordance with the Public Finance Management Act (PFMA) and other relevant legislation. It is also responsible for the provision of a professional project management service to enhance performance in the delivery of the GCIS' mandate.

F    Training and Development identifies training and development needs of government communicators based on the national communication strategy, government policies and overall government communication objectives. The Chief Directorate also develops internal capacity as well as employee wellness, gender mainstreaming, disability management and youth programmes.

2.2.4    Branch: Communication Service Agency

The Branch Communication Service Agency provides an efficient and effective marketing and advertising agency that facilitates access and procurement of selected communication services on behalf of government.

A    Advertising and Media Buying provides consolidated media buying services and advertising media production for the entire national government, to ensure coherent, responsive and cost-effective communication for government programmes.

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2.2.5    Chief Directorate: Internal Audit

A    Internal Audit is an independent and objective assurance and consulting activity designed to add value and improve the GCIS's operations.

Management structure of GCIS

 

 
 

3.    Contact details of the Information Officer

 
The CEO is the Information Officer in terms of the PAIA, 2000. GCIS has one Deputy Information Officer:
 
Information Officer: Ms Phumla Williams
Postal address:         Private Bag X745
                         PRETORIA
                         0001
 
Street address:        1035 Francis Baard Street
                        Tshedimosetso House
Telephone:               012 473 0236
Cell:                          083 501 0139
 
Deputy Information Officer: Mr Keitumetse Semakane
Telephone:        012 473 0128
Cell:                    079 696 1826
E-mail:                keitu@gcis.gov.za 

4.    Guide to the South African Human Rights Commission (SAHRC( on using 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 X2700
Houghton
2041

Telephone:            011 877 3600
Fax:                        011 403 0625
E-mail:                    PAIA@sahrc.org.za
Website:                  www.sahrc.org.za

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5.   Description of subjects on which GCIS holds records - Section 14 (1) (D)

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

A    Products and Platforms
a)    reports
b)    magazines
c)    information available on the GCIS website, Government Information website, Vuk’uzenzele website and Government Services website
d)    policy and guideline documents
e)    South Africa Yearbook and Pocket Guide to South Africa.

B    Marketing and Distribution
a)    reports
b)    marketing brochure.

C    Policy and Research
a)    reports and statements
b)    specifications and research proposals
c)    datasets, reports and presentations
d)    media Development and Diversity Agency (MDDA) Act, 2002 (Act 14 of 2002)
e)    information directories (South African Government Directory, Directory of Contacts, Media Directory and Profiles)
f)    international and domestic media coverage reports
g)    full-text international and domestic media articles
h)    communication content and key messages.

D    Finance, Supply Chain and Auxiliary Services
a)    service providers’ database
b)    financial records and statements
c)    policies and procedures
d)    reports.

E    Human Resources
a)    policies, procedures and manuals
b)    internal newsletters
c)    human resource management strategy
d)    contact list of information officers in government.

F    Information Management and Technology
a)    policy and guideline documents.
b)    manuals.
c)    reports.

G    Property and Facilities Management
a)    reports.

H    Strategic Planning and Programme Management
a)    project documentation
b)    reports.
c)    Project Management Manual
d)    Government Communication Programme
e)    strategy documents.

I    Training and Development
a)    reports
b)    human resource development strategy.

J    Cluster Supervision
a)    communications strategies
b)    key messages.

K    Provincial and Local Liaison
a)    reports
b)    Thusong Service Centre strategies
c)    development communication strategies and materials
d)    promotional and marketing material
e)    Government Communicators’ Handbook.
f)    communicators’ databases
g)    communication strategies.

L    Media Engagement
a)    newsletters
b)    communication strategies
c)    media strategies
d)    media database.

M    Advertising and Media Buying
a)    publications (print)
b)    broadcast adverts and programmes
c)    marketing and distribution activities
d)    media buying reports
e)    reports
f)    photographic and video footage images.

N    Internal Audit
a)    reports.

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 material voluntarily disclosed include:
5.3    Request procedure

a.    Granting or refusal of request
The requester must be given access to the record of a public body if:

 
  • 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 to access a record

  • The 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 he/she requires a copy of the record, or wishes to view the record at the GCIS’ offices. Alternatively, if the record is not a paper document, it can be viewed in the requested format, where possible.
  • If a requester asks for access in a particular format (e.g. a paper copy, electronic copy, etc.), then he/she should be given access in that format. 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 format but in another format, the fee must be calculated according to the format first requested from the requester.
  • If, in addition to a written reply to their request for the record, the requester wishes to be informed about the decision in any other way, e.g. by telephone, this must be indicated.
  • If a requester reuests 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, the request can be made orally. The information officer must then fill in the form on behalf of such a requester and give him/her 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 him/her is not required to pay the request fee. Other requesters must pay a 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 a 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 a decision according to the way in which the requester asked to be notified.
  • If the request is granted, a further access fee must be paid for the reproduction and for search and preparation, for any time required in excess of 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.

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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 complaint for investigation by the Public Service Commission concerning an official act or omission (Section 35 of the Public Service Act, 1994 [Act 103 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]).
  • 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]).
  • 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

 

 

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:

a)      for every photocopy of an A4-size page or part thereof

b)      for every printed copy of an A4-size page or part thereof stored in a computer or in another electronic or machine readable format

c)       for a copy in a computer-readable format on:

       (i) compact disc

d)      (i) for a transcription of visual images, for an A4-size page or part thereof
(ii) for a copy of visual images

e)      (i) for a transcription of an audio record, for an A4-size page or part thereof
(ii) for a copy of an audio record.

 

R0,60

 

R0,40

 

R40,00

R22,00

R60,00

R12,00

R17,00

3.

The request fee payable by every requester, other than a personal requester, referred to in Regulation 7(2) is

 

R35,00

4.

The access fees payable by a requester referred to in Regulation 7(3) are as follows:

1)      a. for every photocopy of an A4-size page or part thereof

b. for every printed copy of an A4-size page or part thereof stored in a computer or another electronic or machine readable format

c. for a copy in a computer-readable format on:
 (i) compact disc

d. (i) for a transcription of visual images, for an A4-size page or part thereof
 (ii) for a copy of visual images

e. (i) for a transcription of an audio record, for an A4-size page or part thereof
 (ii) for a copy of an audio record

f. 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.

2)      For purposes of Section 22(2) of the Act, the following applies:
a. six hours as the hours to be exceeded before a deposit is payable

b. one third of the access fee is payable as a deposit by the requester.

3)      The actual postage is payable when a copy of a record must be posted to a requester.

 

 

R0,60

 

R0,40

 

R40,00

R22,00

R60,00

R12,00

R17,00

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5.    Prescribed forms for access to to a record of a public body

Annexure B of Notice 187 in the Government Gazette on 15 February 2002

Form A
REQUEST FOR ACCESS TO A RECORD OF A PUBLIC BODY
Section 18(1) of the PAIA, 2000
[Regulation 2]

 

For GCIS use

Reference number:

Request received by:                                                                                                                                    

Request received on:                                                                                                                                    

Reference number (if any):                                                                                                                        

Request fee (if any): R                                                                                                                                  

Deposit (if any): R                                                                                                                                           

Access fee: R                                                                                                                                                    

Decision:                                                                                                                                                             

                                                                                                                                                                               

                                                                                                                                                                               

 

 

                                                                                                                                               

Signature of Information Officer/Deputy Information Officer

 

A. Particulars of public body
Information Officer/Deputy Information Officer:

B. Particulars of person requesting access to the record

(a) The particulars of the person who requests access to the record must be recorded below.

(b) Furnish an address, e-mail and/or fax number in South Africa to which information must be sent.

(c) Proof of the capacity in which the request is made, if applicable, must be attached.

 

Full names and surname:                                    
                                               
Identity number:                                        
Postal address:                                                                                 
Fax number:                                    
Telephone number:                                
E-mail address:                                
Capacity in which request is made, when made on behalf of another person:                                          
 
C. 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

 

(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 fee payable for access to a record depends on the format 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:                         
                                        
F. Form of access to record
If you are prevented by a disability to read, view or listen to the record in the format of access provided for in 1 to 4 hereunder, state your disability and indicate in which format the record is required.

 

Disability:                                                            

                                                                               

                                                                               

Format in which record is required:

                                                                               

                                                                               

 

Mark the appropriate box with an X.

NOTES:

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

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

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

1. If the record is in written or printed format

 

Copy of record*

 

Inspection of record

2. If record consists of visual images

(These include photographs, slides, video recordings, computer-generated images, sketches, etc.)

 

View the images

 

Copy of the images*

 

Transcription of the images*

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

 

Listen to the soundtrack (CD)

 

Transcription of soundtrack*

(Written or printed document)

4. If the record is stored in a computer or in an another electronic or machine-readable format

 

Printed copy of record*

 

Printed copy of infor-mation derived from the record*

 

Copy in computer-readable form*

(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

Note that if the record is not available in the language you prefer, access may be granted in the language in which the record is available.

In which language would you prefer the record?

 

 G. 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?                                             
Signed on (date):                   
                    
Signature of requester-person on whose behalf request is made

Manual signed and approved by the GCIS Deputy Information Officer, Mr Keitumetse Semakane.

___________________________________
Deputy Information Officer: GCIS
Mr Keitumetse Semakane
Date:

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