Reports on Information Manual for Government Communications

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GCIS’ PAIA Manual

ACCESS TO INFORMATION MANUAL FOR GOVERNMENT COMMUNICATIONS (GCIS)

MANUAL IN TERMS OF SECTION 14 OF THE PROMOTION OF ACCESS TO INFORMATION ACT (PAIA), 2000 (ACT 2 OF 2000)

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

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TABLE OF CONTENTS

Preamble GCIS’ vision, mission and objectives Functions of components of the GCIS Management structure of GCIS Contact details of the Information Officer Guide to the South African Human Rights Commission on using the Act Description of subjects on which GCIS holds records Records automatically available from GCIS Request procedure Remedies available in respect of acts or failures to act Prescribed fees Prescribed forms for access to a record of a public body

3 3 4 6 7

8 8 11 11 12 14 16

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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 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. The manual gives effect to the right of access to information, 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 to 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 including the following elements in our strategic approach: • Providing leadership in government communications and ensuring 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 • Promoting communication research and information.

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2.1

FUNCTIONS OF COMPONENTS OF THE GCIS

GCIS is structured to fulfil its mandate as outlined above. It comprises 10 divisions or chief directorates: • Corporate Services (CS) • Policy and Research (P&R) • Provincial and Local Liaison (P&LL) • Communication Service Agency (CSA) • Government and Media Liaison (G&ML) • Information Management and Technology (I&MT) • Vuk’uzenzele • Internal Audit • Project Desk • Finance, Supply Chain Management and Auxiliary Services. CS aims to provide an efficient and effective support service to the entire GCIS. It comprises two directorates: Human Resources (HR) and Human Resource Development (HRD). The Directorate: HR is responsible for the following subdirectorates: Human Resource Management (HRM), Internal Communication, and Information Centre. The Directorate: HRD is responsible for the Employee Health and Wellness Programme. 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. 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 receive timely government information. It comprises four directorates: International and Media Liaison, News Service, National Liaison and Parliament Office. 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 of the following directorates: Provincial Coordination and Provincial Liaison. CSA provides core communication services to the GCIS and other government departments, both in-house and through outsourcing. It produces and distributes

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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 economic and other opportunities 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, Supply Chain Management and Auxiliary Services 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 implementing a systematic and disciplined approach to evaluate and improve the effectiveness of risk management, 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. The 2010 Communication Project Management Unit facilitates the achievement of government’s strategic framework for communication for the 2010 FIFA World Cup, working in partnership with the 2010 FIFA World Cup South Africa Organising Committee and other communicators across various sectors.

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MANAGEMENT STRUCTURE OF GCIS
Chief Executive Officer Themba Maseko

DCEO: Strategy and Content Management Baby Tyawa

DCEO: Centralised Services IIva Mackay

DCEO: Provincial and Local Liaison Nebo Legoabe CD: Provincial Coordination and Programme Support Michael Currin

CD: 2010 Communication Project Management Unit Tiyani Rikhotso

CD: Government and Media Liaison Harold Maloka CD: Communication Service Agency Babs Naidoo CD: Policy and Research Tasneem Carrim

CD: Corporate Services Keitumetse Semakane

CFO: Finance, SCM and Auxiliary Services Phumla Williams CD: Project Desk Zukiswa Potye

CD: Vuk’uzenzele Rafiq Rohan

CAE: Internal Audit Nkoana Modiba

CIO: Information Mngt and Technology Terry Vandayar

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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: Themba Maseko Postal address: Private Bag X745 PRETORIA 0001 356 Midtown Building cnr Prinsloo and Vermeulen streets PRETORIA [email protected] (012) 314-2127 (012) 325-3020 083 645 0810

Street address:

E-mail: Telephone: Fax: Cell:

Deputy Information Officer: Keitumetse Semakane Telephone: Fax: Cell: E-mail: (012) 314–2299 (012) 326–4585 082 570 5262 [email protected]

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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: Fax: E-mail: (011) 484-8300 (011) 484-1360 [email protected]

5.

DESCRIPTION OF SUBJECTS ON WHICH GCIS HOLDS RECORDS – SECTION 14 (1) (D) 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. 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) Correspondence 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) Contact list of Information Officers in government k) Learnership programme l) Internship and experiential training programmes m) Training programme for government communicators n) Agreements and legal documents.

5.1

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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) Media Development and Diversity Agency (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 material d) Reports e) Minutes of meetings.

E. COMMUNICATION SERVICE AGENCY a) Publications b) Broadcast adverts and programmes c) Marketing and distribution strategies d) Media Buying Briefs e) Reports f) Photographic and video footage images g) South Africa Yearbook and Pocket Guide to South Africa h) Minutes of meetings i) Rate cards for audio, video and photographic material.

F. FINANCE AND PROVISIONING MANAGEMENT a) Service-providers’ database b) Financial records and statements

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c) d) e) f) g) h) i) j) k)

Budget plans and monthly projections Minutes of meetings Policies and procedures Reports Asset Management Register Agreements and contracts Tender documentations Structures and planning documents Correspondence 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 DESK a) Project documentation b) Reports c) Minutes of meetings d) Project Management Manual e) Government Communications Programme f) Strategy documents.

J. INTERNAL AUDIT a) Reports b) Minutes of meetings. K. 2010 COMMUNICATION PROJECT MANAGEMENT UNIT a) Reports b) Minutes of meetings

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c) Publications d) Information available on website www.sa2010.gov.za e) Communication strategy

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 material 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 the record of a public body if the requester complies with the following: I. The requester complies with all the procedural requirements in the Act relating to the request for access to that record II. Access to that record is not refused on any ground of refusal mentioned in the Act. b. How to access a record: I. The requester must use the form (Form A) that was printed in the Government Gazette (Government Notice R187 of 15 February 2002). II. The requester must also indicate if he/she requires a copy of the record, or wishes to come in and look at the record at GCIS’ offices. Alternatively, if the record is not a paper document, it can be viewed in the requested form, where possible. III. If a requester asks for access in a particular form (e.g. a paper copy, electronic copy, etc.), then he/she should be given 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 in which the requester first asked for it. IV. 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.

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V. 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. VI. 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: I. A requester who seeks access to a record containing personal information about him or her is not required to pay the request fee. Every other requester must pay the request fee of R35. II. 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. III. The requester may lodge an internal appeal, where appropriate, or an application to the court against the tender or payment of a fee. IV. 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. V. 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. VI. 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: I. 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). II. 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). III. 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).

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V. 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). VI. 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). VII. 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). VIII. 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: I. A person may request reasons for an administrative action in terms of the Promotion of Administrative Justice Act, 2000 (Section 5). II. 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: I. 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) II. 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

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2.

3. 4.

5(c) is R0,60 for every photocopy of an A4-size page or part thereof. 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 held on a computer or in electronic or machine readable form c) For a copy in a computer-readable form on: i. Stiffy disc ii. 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 The request fee payable by every requester, other than a personal requester, referred to in regulation 7(2) is 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 held on a computer or in electronic or machine readable form c. For a copy in a computer-readable form on: (i) stiffy disc (ii) 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 R5,00 R40,00 R22,00 R60,00 R12,00 R17,00 R35,00

R0,60

R0,40 R5,00 R40,00 R22,00 R60,00 R12,00 R17,00

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5. PRESCRIBED FORMS FOR ACCESS 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

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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:

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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 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:

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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:

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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 form 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 form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required. Disability: Form in which record is required:

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Mark the appropriate box with an X. NOTES: (a) Your indication as to the required form of access depends on the form in which the record is available. (b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access is to be granted in another form. (c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.

1. If the record is in written or printed form

copy of record*

inspection of record

2. If record consists of visual images (This includes photographs, slides, video recordings, computer-generated images, sketches, etc.) view the images copy of the images* transcription of the images*

3. If record consists of recorded words or information which can be reproduced in sound listen to the soundtrack (audio cassette) transcription of soundtrack* (written or printed document)

4. If record is held on computer or in an electronic or machine-readable form printed copy of record* printed copy of information derived from the record* copy in computerreadable form* (stiffy or

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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

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