record, as contemplated in section 29(2)(a) and (b)(i), (ii)(bb), (iii) and (v) and, if applicable, the postal fee; and
(b)
the time reasonably required to search for the record and prepare (including making any arrangements contemplated in section 29(2)(a) and (b)(i) and (ii)(aa)) the record for disclosure to the requester.
(8) The Minister may, by notice in the Gazette—
(a)
exempt any person or category of persons from paying any fee referred to in this section;
(b)
determine that any fee referred to in this section is not to exceed a certain maximum amount;
(c)
determine the manner in which any fee referred to in this section is to be calculated;
(d)
determine that any fee referred to in this section does not apply to a category of records;
(e)
exempt any person or record or category of persons or records for a stipulated period from any fee referred to in subsection (6); and
(f)
determine that where the cost of collecting any fee referred to in this section exceeds the amount charged, such fee does not apply.
Records that cannot be found or do not exist
23. (1) If—
(a)
all reasonable steps have been taken to find a record requested; and
(b)
there are reasonable grounds for believing that the record—
(i)
is in the public body's possession but cannot be found; or
(ii)
does not exist,
the information officer of a public body must, by way of affidavit or affirmation, notify the requester that it is not possible to give access to that record.
(2) The affidavit or affirmation referred to in subsection (1) must give a full account of all steps taken to find the record in question or to determine whether the record exists, as the case may be, including all communications with every person who conducted the search on behalf of the information officer.
(3) For the purposes of this Act, the notice in terms of subsection (1) is to be regarded as a decision to refuse a request for access to the record.
(4) If, after notice is given in terms of subsection (1), the record in question is found, the requester concerned must be given access to the record unless access is refused on a ground for refusal contemplated in Chapter 4 of this Part.
Deferral of access
24. (1) If the information officer of a public body decides to grant a request for access to a record, but that record—
(a)
is to be published within 90 days after the receipt or transfer of the request or such further period as is reasonably necessary for printing and translating the record for the purpose of publishing it;
(b)
is required by law to be published but is yet to be published; or
(c)
has been prepared for submission to any legislature or a particular person but is yet to be submitted,
the information officer may defer giving access to the record for a reasonable period.
(2) If access to a record is deferred in terms of subsection (1), the information officer must notify the requester concerned—
(a)
that the requester may, within 30 days after that notice is given, make representations to the information officer why the record is required before such publication or submission; and
(b)
of the likely period for which access is to be deferred.
(3) If a requester makes representations in terms of subsection (2)(a), the information officer must, after due consideration of those representations, grant the request for access only if there are reasonable grounds for believing that the requester will suffer substantial prejudice if access to the record is deferred for the likely period referred to in subsection (2)(b).
