Phau Ntawv Qhia

TITLE:
PAIA and POPIA Manual
DOC No:
DMSA-PAIA/POPIA-01
REV:
00
Page 11 of 16
13.7 If disclosure of the record would prejudice or impair the protection of a person in accordance with
a witness protection scheme;
13.8 If disclosure of the record would prejudice or impair the protection of the safety of the public;
13.9 The record is privileged from production in legal proceedings, unless the legal privilege has been
waived;
13.10 Disclosure of the record would put the DM Group at a disadvantage in contractual or other
negotiations or prejudice it in commercial competition;
13.11 The record is a computer program which is owned by Digital Matter or the DM Group and protected
by copyright, or
13.12 The information not yet in the public domain.
14. Records that cannot be found or do not exist
If Digital Matter Embedded South Africa searches for a record and it is believed that the record either
does not exist or cannot be found, the requester will be notified by way of an affidavit or affirmation to
this effect, and which will include the steps that were taken to try and locate the relevant record.
15. Third-Party Information
If access is requested to a record that contains information about a third party, the DM Group is obliged
to attempt to contact this third party to inform them of the request. This enables the third party the
opportunity of responding by either consenting to the access or by providing reasons why the access
should be denied. In the event of the third-party furnishing reasons for the support or denial of access,
the Information Officer will consider these reasons in determining whether access should be granted, or
not.
16. Remedies available when Digital Matter refuses a request for information
16.1 Internal Remedies
Digital Matter does not have internal appeal procedures.
16.2 External Remedies
16.2.1 A requester who is dissatisfied with the Information Officer’s or Deputy Information Officer’s
refusal to disclose information may, as stated in paragraph 11 above, within thirty consecutive
days of notification of the decision, apply to either a competent Court or the Information
Regulator for relief.
16.2.2 A third party who is dissatisfied with the Information Officer or Deputy Information Officer’s
decision to grant a request for information may, within thirty consecutive days of notification of
the decision, apply to either a Court or the Information Regulator for relief.
Note: For the purposes of PAIA and POPIA, the Courts that have jurisdiction over these applications are
the Constitutional Court, the High Court or another Court of similar status and the Magistrates Court.
_____________________
MARC BLUM
Technical Director and Information Officer