Phau Ntawv Qhia

TITLE:
PAIA and POPIA Manual
DOC No:
DMSA-PAIA/POPIA-01
REV:
00
Page 10 of 16
a record is subject to certain limitations if the requested record falls within a category as specified in
Section 23 (4) (a) of POPIA read with Part 3 Chapter 4 of PAIA.
Please further note that if it is reasonably suspected that a requester has obtained access to a record
based on the submission of materially incorrect, false, or misleading information, legal proceedings may
be instituted against such requester.
11. Completion of Request for Access Form
All requesters should take note of the following guidelines when completing the attached Request for
Access to Record of a Private Body (refer to Annexure “A”: Form C):
11.1 The form must be completed by filling in all lines and spaces;
11.2 Proof of the identity, in the form of a copy of the requester’s identity document, is required to be
submitted with the application;
11.3 If the requester is a juristic person, the authority of the person submitting the application on behalf
of such juristic person must be proven based on a written authority to be attached;
11.4 Type or print in a clear eligible manner, if a question does not apply indicate so by inserting “N/A”
in response to that question, and if there is nothing to disclose in response to a particular question
write “NIL” in response thereto,
11.5 If there is insufficient space in the form, add additional folios on which the additional information
is provided, clearly indicating to which question this relates.
12. Decision
Digital Matter will, in the prescribed format, within thirty consecutive days of receipt of the request,
decide whether to approve or deny the request and give notice with reasons indicating why the request
is refused. The requester will be informed that it/he/she may lodge an application with a Court (if a PAIA
request) or the Information Regulator (if a POPIA request) against the refusal of the application, as well
as the procedure (including the period) for lodging such application.
The thirty consecutive days within which Digital Matter must decide whether to grant or refuse the
request may be extended for a further period of not more than thirty consecutive days if the request is
for a large quantity of information, or the request requires a search for information held at another office
and the information cannot reasonably be obtained within the original thirty-day period, Digital Matter
will notify the requester in writing should such an extension be sought.
13. Grounds of Refusal
The main reasons for Digital Matter to legitimately refuse a request for information include but are not
limited to the following:
13.1 Mandatory protection of privacy of a third party who is a natural person including a deceased
person, from unreasonable disclosure;
13.2 Mandatory protection of commercial information of a third party or the DM Group (for example
trade secrets, financial, commercial, scientific, or technical information that may harm the
commercial or financial interests of the DM Group or the third party);
13.3 Mandatory protection of confidential information of third parties if is protected in terms of any
agreements;
13.4 Mandatory protection of the safety of individuals or protection of property or means of transport;
Mandatory protection of the commercial or financial interests of Digital Matter;
13.5 The research information of Digital Matter, the DM Group or a third party, if its disclosure would
disclose the identity of Digital Matter, the DM Group company, the researcher, or the subject
matter of the research and would place the research at a serious disadvantage;
13.6 Requests for information that are clearly frivolous, or which involve an unreasonable diversion of
resources;