legislative acts - promotion of acess to information act no. 2 of 2000

8/12/2019 Legislative Acts - Promotion of Acess to Information Act No. 2 of 2000

1/23

DEPARTMENT OF CORRECTIONAL SERVICES

REPUBLIC OF SOUTH AFRICA

SECTION 14 MANUAL FOR THE PROMOTIONOF

ACCESS TO INFORMATION ACT, NO 2 OF 2000


2/23

2

SECTION 14 MANUAL FOR THE DEPARTMENT OF CORRECTIONAL SERVICES

The Constitution of the Republic of South Africa, 1996 (Act No 108 of 1996) stipulates that

everyone has the right of access to any information held by the State and any information that is

held by another person that is required for the exercise or protection of any rights and that

national legislation must be enacted to give effect to this right.

The Promotion of Access to Information Act, 2000 (Act No 2 of 2000), giving expression to thisright, came into effect in March 2001. Subsequently two policies were promulgated in theDepartment of Correctional Services; The Policy on the Information Access and the Recordmanagement were promulgated.

In terms of the Act and the Departmental (DCS) policies, the National Commissioner forCorrectional Services has been appointed as the Information Officer (IO) and the Minister of

Correctional Services as the Relevant Authority (RA) for the DCS. The Chief DeputyCommissioners of the Department have been appointed as Deputy Information Officers (DIOs).These DIOs will render reasonable access to members of the public, upon request of the DCSrecords.

An Information Office has been established to advise the IO on recommendations from the DIOsregarding requests for information and to assist the IO and the RA regarding appeals. InformationOffice has also been established to advise the DIO's regarding requests for information.

The DCS Information Office has been established as the nodal point to deal with requests forinformation and related matters. The Information Office shall assist requesters with respect toprescripts regarding requests for information.

The aim of this manual is to enable any member of the public to view the description of therecords in the possession of the DCS and contains procedures on how to obtain theinformation/records whether automatically available or not.

ABBREVAIATIONS:

IO Information Officer

DIO..Deputy Information Officer

DCS.Department of Correctional Services

DC.Deputy CommissionerDRC..Deputy Regional Commissioner

RC..Regional Commissioner

RA..Relevant Authority

IMS.Information Management System

UM...Unit Management

PAIAPromotion of Access to Information Act


3/23

3

TABLE OF CONTENTS

Particulars in terms of Section 14 of the Promotion of Access

To Information Act, 2000 (Act No 2 of 2000) 3

1. The functions and s tructure of the DCS 3

a. Vision 3

b. Mission 3

c. Key objectives 3

d. The aims of the DCS 3

e. The Structure 4

f. The schematic diagram of the structure of the DCS 5

2. Contact details 6

Information officer/deputy information officers 7And contact details

3. Description of guide on how to use the Act 8

a. Request procedures 8

b. Internal appeal procedures 9

c. Fees payable 10

d. Prescribed fees for Public Bodies 11

4. Access to categor ies of records held by the DCS 12

4.1. Description categories on which DCS hold records 13

4.2. Description of Records 14

5. Remedies/Information that is automatically available in DCS 15

6. Description of the services available to members of the public 15

a. Services offered by DCS resource centre 15

b. Services offered by DCS Record management 16

c. Services offered by DCS Communications 17

7. Remedies available in respect of acts or failure to act 18

8. Other information as prescribed in terms of the Act 19

9. Updating of the manual 19

10. Availabi li ty of the manual 19

11. Arrangement allow ing for Public involvement in formulating policy

And excise of power 20

12. Contact details of Information office (PAIA Unit) 21

13. At tachments From Government Gazette 22


4/23

4

PARTICULARS IN TERMS OF SECTION 14 OF THE PROMOTION OF ACCESS TOINFORMATION ACT, 2000 (ACT NO 2 OF 2000)

1. THE FUNCTIONS AND STRUCTURE OF THE DCS

A. Vision

To be one of the best service providers in the world by delivering correctionalservices with Integrity and commitment to excellence.

B. Mission

Placing rehabilitation at the centre of all Departmental activities in Partnershipwith External stakeholders, through:

The integrated application and direction of all Departmental resources to focuson the correction of offending behaviour, the promotion of social responsibilityand the overall development of the person under correction;

The cost-effective provision of correctional facilities that will promote efficient

security, correction, care and development services within an enabling humanrights environment;

Progressive and ethical management and staff practices within which everycorrectional official performs an effective correcting and supportive role.

C. The key objectives of DCS include the following:

To provide effective and efficient financial management, accounting and supplychain services

To ensure effective internal provision of legal support and measures aimed at theeradication of Corruption

To improve the human resource capacity and management to enable the DCS tofulfil its mandate

To ensure effective Knowledge Management in the DCS through improved

information management systems and information communication technologysolutions and services in order to ensure information driven decision-making

To improve the DCSs involvement in intergovernmental relations To provide services aimed at promoting information and communication needs of

the public and the department.

D. The Aim of DCS

The aim of the Department of Correctional Services is to contribute towardsmaintaining and protecting a just, peaceful and safe society, by enforcing court-imposed sentences, detaining inmates in safe custody, whilst maintaining theirhuman dignity and developing their sense of social responsibility and promotingthe general development of all inmates and persons subject to community

corrections.


5/23

5

E. the structure of the DCS

DCS is structured to fulfill its mandate outlined above. There are five (5) maindivisions in the department: Corporate Services, Development and Care,Corrections, Finance (CFO) and Central Services.

Corporate Services:The Chief Directorate aims to provide efficient and

effective support service to the entire DCS. Corporate Services comprises ofHuman Resources - responsible for HR Management; Human Resources andDevelopment; and Equity and recreation.

Development and Care: The Chief Directorate objective is to improve the careservices provided to all persons in the custody of the department and To ensurecompliance with departmental policies, procedures and applicable legislationand It Comprises of Personal Well-being and Personal development

Finance:The Chief Directorate objective is to provide effective and efficientfinancial management, accounting and supply chain services and its strategy isto improve organisational compliance with legislative, policies and procedures.The finance comprises of Supply chain management and Financial and

management Accounting.

o Corrections:The Chief Directorate objective the management of correctionadministration, correctional Programmes and risk profiling of offenders. Itcomprises of Personal correctional, community liaison (Social Reintegration) andFacilities and Security.

o Central Services: The Chief Directorate objective is to ensure effectiveknowledge management in DCS through improved Information ManagementSystems and Information Communication Technology solutions and services inorder to ensure information driven decision making. And its strategy is to developICT System to support DCS knowledge and Information Management Plan.


6/23

6

F. the schematic diagram of the structure of the DCS

MinisterCorrectional services

Deputy Minister

CommissionerCorrectional Services

CDC

Corporateservices

CDCCorrections

CDCFinance

DC Personalcorrection

DC Communityliaison (socialReintegration)

DC Facilities& security

DC HRdevelopment

DC Financial &Management

Account

DC HRmanagement

DC Equity &recreation

DC Supplychainmana ement

DCS Regional Branches

CDCDevelopment& care

CDC Central

services

DC Personalwell-being

DC Personaldevelopment

DCGITO

DC Legal &Specialo erations

DC Policy co-ordination &research

DCIntergovernmenrelations

DCCommunicatio

MP/LIM/NWWesternCa e

Free State &Northern Cape

EasternCape

Gauteng Kwa-ZuluNatal


7/23

7

2. CONTACT DETAILS OF INFORMATION OFFICER & DEPUTY INFORMATION OFFICER

Information Officer and Deputy Information officers

The National Commissioner is the Information Officer and Chief Deputy Commissioners is thedeputy information officers in terms of the Promotion of Access to Information Act. DCS has

Eleven (11) Deputy Information Officers:

Commissioner: Mr. LM Mti

Postal address: Private Bag X136, PRETORIA, 0001Physical address: 124 Poytons Building, Room 843, Church Streets, PRETORIATel: (012) 307 2248Fax: (012) 321 2460Cell: 082 455 4908E-mail: [email protected]

Deputy Information Officer: Ms JA Schreiner, Based in Head Office

Postal address: Private Bag X136, PRETORIA, 0001Physical address: 124 Poytons Building, Church Streets, PRETORIATel: (012) 307 2407Fax: (012) 324 2063Cell: 082 909 0355E-mail:[email protected]

Deputy Information Officer: Ms JE Sishuba, Based in Head Office

Postal address: Private Bag X136, PRETORIA, 0001Physical address: 124 Poytons Building, Church Streets, PRETORIATel: (012) 307 2991Fax: (012) 323 5237Cell: 083 635 9737 E-mail:[email protected]

Deputy Information Officer: MR POC Gillingham Based in Head Office

Postal address: Private Bag X136, PRETORIA, 0001Physical address: 124 Poytons Building, Church Streets, PRETORIATel: (012) 307 2143Fax: (012) 325 5351Cell: 082 807 8037E-mail: [email protected]

Deputy Information Officer: MR TJ Motseki, Based in Head Office

Postal address: Private Bag X136, PRETORIA, 0001Physical address: 124 Poytons Building, Church Streets, PRETORIA

Tel: (012) 307 2483Fax: (012) 328 8326Cell: 082 572 6424E-mail: [email protected]
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


8/23

8

Deputy Information Officer: MR VP Petersen, Based in Head Office

Postal address: Private Bag X136, PRETORIA, 0001Physical address: 124 Poytons Building, Church Streets, PRETORIATel: (012) 307 2552Fax: (012) 324 6114Cell: 082 801 0966E-mail: [email protected]

Regional Commissioners: Deputy Information officers based in Regions

Deputy Information Officer: Ms Notsikelelo Jolingana, Eastern Cape

Postal address: Private Bag X 9013, East London, 5201Tel: (043) 706 7802Fax: (043) 722 1064

E-mail:[email protected]

Deputy Information Officer: MR. Zack I Modise, Free state & Northern Cape

Postal address: Private Bag X 20530, Bloemfontein, 9300


Deputy Information officer: MR. VP Petersen (acting)Regional Commissioner, Gauteng

Postal Address: Private bag X 393, Pretoria 0001


Deputy Information officer: MR. Nkosinathi Nhleko, KwaZulu Natal

Postal Address: Private bag X 9126, Pietermaritzburg 3200


Deputy Information Officer: MR. Watson N Tshivase, Mpumalanga/Limpopo/North West

Postal Address: Private bag X 142, Pretoria 0001

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


9/23

9

Deputy Information Officer: MR. James Smalberger (Acting), Western Cape

Postal Address: Private bag X 1, Edgemead 7407

Tel: (021) 550 6003Fax: (021) 558 7316E-mail: [email protected]

3. DESCRIPTION OF GUIDE ON HOW TO USE THE ACT

The Guide on how to use the Promotion of Access to Information Act, 2000, is availablefrom the South African Human Rights Commission. Queries can be made at:

South African Human Rights Commission

PAIA Unit

The Research and Documentation Department

Postal Address: Private Bag 2700, Houghton, 2041

Tel: (011) 484-8300

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

a. Request procedures

Purpose of the Act

The purpose of the Act is to give effect to the constitutional right of access to anyinformation held by the State and any information that is held by another personand that is required for the exercise or protection of any rights. The object is tofoster a culture of transparency and accountability in public and private bodiesand to actively promote a society in which the people of South Africa haveeffective access to information to enable them to more fully exercise and protect

all of their rights.Information that may be requested

Any existing recorded information may be requested

regardless of form or medium;

in the possession or under the control of the DCS or another public body;and

Whether or not it was created by the DCS or that public body.

A requester must be given access to a record if the requester complieswith the following:

All the procedural requirements in the Act relating to the request for accessto a record

Access to a record is not refused on any ground of refusal as mentioned inthe Act as outlined below:

Privacy of a third party, who is a natural person,

Commercial information of a third party,

Confidential information,
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


10/23

10

Safety of individuals and property, police dockets in bail proceedings,

Operations of public body.

The Act does not apply to a record of:

(i) Cabinet, parliament and provincial legislatures;

(ii) Judicial functions of :

(a) court referred to in section 166 of theconstitution

(b) A special tribunal established in terms of section2 of the special Investigation Units and specialtribunal act, 1996 (Act No. 74 of 1996)

Nature of the request:

A requester must use the form that has been printed in the GovernmentGazette (Govt. Notice R187 - 15 February 2002 Form A) (see Appendix A forcopy of the form).and the form can also be downloaded at DCS website.

The requester must also indicate if the request is for a copy of the record or if

the requester wants to inspect the record at the DCS Resource Centre.Alternatively if the record is not in paper medium it can be viewed in therequested form, where possible.

If a person asks for access in a particular form then the requester should getaccess in the manner that has been asked for. This is unless doing so wouldinterfere unreasonably with the running of the DCS, or damage the record, orinfringe a copyright not owned by the state. If for practical reasons accesscannot be given in the required form but in an alternate manner, then the feemust be calculated according to the way that the requester first asked for it.

If, in addition to a written reply to their request for the record, the requesterwants to be told about the decision in any other way, e.g. telephone, thismust be indicated.

If a requester is asking for the information on behalf of somebody else, thecapacity in which the request is being made should be indicated.

If a requester is unable to read or write, or has a disability, then he/she canmake the request for the record orally. The DCS Information Office mustthen fill in the form on behalf of such a requester and give him/her a copy.

The requester must forward his/her request to the DCS Information Officewho would then process the request

b. Internal appeal procedures

The DCS like all other public bodies have an internal appeal procedure asstipulated in Sections 74 and 75 of the Act. This would apply to any situationin which the requester/third party wishes to appeal a decision made by theInformation Officer with respect to

Fees payable;

The extension of a period;

The form of access; and

The refusal of a request to access of a record


11/23

11

When the requester/third party lodges an internal appeal, the prescribedappeal form has to be completed and lodged with the DCS InformationOffice. (Govt. Notice R187 - 15 February 2002 Form B)(a copy of the formcan be downloaded at DCS website or SAHRC). The DCS InformationOffice will forward all internal appeals and accompanying documentation tothe Information Officer who in turn will forward it to the Relevant Authority

(Minister of Correctional Services) for a decision. The DCS Information Office will inform the requester/third party of the

outcome of the internal appeal. A requester/third party who is dissatisfiedwith the outcome of the internal appeal may, within 37 days, submit anapplication to court for final decision. If no such application is filed within thatperiod, the Minister's decision will be adhered to. If an application is filed at acourt, the outcome of the court case will have to be awaited.

c. Fees payable

There are two types of fees required to be paid in terms of the Act, being therequest fee and the access fee.

Request fee A requester who seeks access to a record containing personal information

about him self / herself is not required to pay the request fee. Every otherrequester, who is not a personal requester, must pay the required requestfee. The DCS Information Office will indicate to the requester (other than apersonal requester) whether he/she has to pay the prescribed fee (if any)before further processing the request.

The request fee payable to the DCS is R35. The requester may lodge aninternal appeal, where appropriate, or an application to the court against thetender or payment of the request fee.

The requester must pay the request fee at any nearest DCS finance Office(F.C.O) cashiers details will be given at information desk). The payment slip

must be forwarded to the DCS Information Office before any request can beprocessed.

After the Information Officer has made a decision on the request therequester must be notified of such a decision in the way in which therequester wanted to be notified.

Access fee

If the request is granted then a further access fee must be paid for thesearch, preparation, and reproduction and for any time that has exceededthe prescribed hours to search and prepare the record for disclosure

Access fee is applicable where an information officer has commenced a

search for a record, R15.00 for every each hour or part of an hour, excludingthe first hour

This fee is to be paid an hour later if search has already commenced.

Please take note that there are persons exempted from paying access feecontemplated in section 22(6) of the Act. See Government Notice No. R.28107 of 14 October 2006


12/23

12

d. Prescribed fees for public bodies

(Part II of Notice 187 in the Government Gazette on 15 February 2002)

Fees in respect of public bodies

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:

R

(a) For every photocopy of an A4-size page or part thereof 0,60

(b) For every printed copy of an A4-size page or part thereof held on a computer or inelectronic or machine-readable form

0,40

(c) For a copy in a computer-readable form on -

(I) stiffy disc 5,00

(ii) compact disc 40,00

(d) (I) For a transcription of visual images, for an A4-size page or part thereof 22,00

(ii) For a copy of visual images 60,00(e) (I) For a transcription of an audio record, for an A4-size page or part thereof 12,00

(ii) For a copy of an audio record 17,00

3. The request fee payable by every requester, other than a personal requester, referred to inregulation 7(2) is R35, 00.

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

R

(1) (a) For every photocopy of an A4-size page or part thereof 0,60

(b) For every printed copy of an A4-size page or part thereof held on a computer or inelectronic or machine-readable form

0,40

(c) For a copy in a computer-readable form on -(I) stiffy disc 5,00

(ii) compact disc 40,00

(d) (I) For a transcription of visual images, for an A4-size page or part thereof 22,00

(ii) For a copy of visual images 60,00

(e) (I) For a transcription of an audio record, for an A4-size page or part thereof 12,00

(ii) For a copy of an audio record 17,00

(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 beexceeded before a deposit is payable; and

(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.


13/23

13

4. ACCESS TO CATEGORIES OF RECORDS HELD BY THE DCS

4.1. Description of subjects on which DCS holds records and categories ofrecords held on each subject

For purposes of facilitating a request in terms of the Act, the subjects on whichthe DCS holds records and the categories of records held on each subject are asfollows:

A. Corporate Services

(a) To improve the provision, maintenance and management ofhuman resources

(b) Employment of 2211 new entry level employees

(c) Efficient administration of terminations and staff debt (includingJudge White Commission and GEPF)

(d) Efficient administration of departmental responsibilities in respectof medical aid

(e) Alignment of performance management system with the planningand budgeting cycle of government

(f) Reduce the Vacancy rate from 8% to 5%

(g) Implement Interim promotion arrangement

(h) Recruitment and retention strategy implemented

(I) to improve employee relations

(j) Fully functional employee relations structures and processes

(k) Improve organizational compliance with financial and supply-chain management legislation, policies, and procedures

(l) Alignment of policy and procedure with White Paper

(m) Strengthen Corporate Branch relationship with Unions on EquityEmployment.

(n) EnsureCorporate Services Integrated Centres of ExcellenceProgramme.

B. Central Services

(a) Implementation of COBIT

(b) Establishment of IT Plan (MISP - Dependent on InformationPlan)

(c) IT/IM Business Empowerment Programme


14/23

14

(d) Business Supporting Systems (BSS) interventions to supportstrategic objectives.

(e) Document Management System

(f) Management Information System (MIS)

C. Corrections

a) Consolidate data relevant for and reduce incidents of securitythreats within Centers and safety of staff (including serviceproviders) offenders and the public

b) Develop comprehensive security management plan andimplement Minimum Security Standards underpinning the Plan

c) Develop security programmers to support rehabilitation andimplement an anti-gang strategy

d) Review and implement existing systems and procedures(admissions, detention and release management as well as

privileges)

e) Monitor and evaluate compliance with the implementation of UnitManagement (UM)

f) Develop and implement a framework for a Structured DayProgramme incorporating a 3 meal system

g) Development of a national offender population profile system.

h) Development and implementation of risk classification tool

i) develop a framework for the management of Overcrowding re

awaiting trial detainees

j) Management of women in correctional centres (awaiting trial andsentenced

k) Management of juveniles in correctional centres

l) Management of sentenced offenders in correctional centres.

m) Management of sentenced offenders in correctional centres.

n) Develop frame work on Social Reintegration.

o) Develop policy on Social Reintegration.

p) Design and develop assessment tool for probationers andparolees.

q) Develop and implement programmes for pre release, effectivesupervision and reintegration

r) Determine requirements for optimal facilities


15/23

15

D. Development and Care

(a) Implementation of Care policies and procedures

(b) Conduct baseline inspections at management areas todetermine level of adherence

(c) Conduct Health needs-assessment based on Governmentpriority areas

(e) Implementation of Development policies and procedures.

(f) Implementation of Development policies and procedures

(g) Needs based programmes for offenders

(h) Maintain and expand the national agriculture and productionworkshop system aimed at self-sufficiency, poverty alleviationand income generation.

(I) To develop instrument to measure the impact and effectiveness

of development programmes and services.

(j) To audit, assure the quality and verify the accreditation ofpersonal development programmes and service providers(internal / external) Providers

E. Finance (CFO)

(a) Correcting the identified deficiencies regarding financial andsupply chain management.

(b) Identify and provide training to relevant personnel in financialand supply chain management

(c) Improve financial and supply chain management staffingcapacity.

(d) Improve alignment of planning and budgeting

(e) Promotion of affirmative procurement

(f) Auditing and reviewing of all contracts within the Department.


16/23

16

5. Records/information that is automatically available in DCS (Sec 15)

The records on the website of DCS, www.dcs.gov.za are available forviewing or downloading without a person having to make such a requestin terms of the said Act.

The Department takes its responsibility of public protection seriously andhas great pride in our employees and operation.

With an establishment of 34 000 staff, DCS is responsible for theadministration of 240 correctional centres, which now accommodatesabout 189 748 offenders. These include minimum, medium andmaximum security correctional centres.

Against the actual accommodation capacity, this figure represents anoverpopulation percentage of 63%.

The Department is managing the following 240 correctional facilitiescountry wide:

-8 correctional facilities for female offenders only

-13 youth correctional facilities

- 140 correctional facilities for male offenders

- 72 correctional facilities accommodating both male and femaleoffenders

- 5 correctional facilities that are temporarily closed down or renovations

The largest maximum security correctional centre, Pollsmoor, at WesternCape, houses offenders serving life or long term sentences.

Another maximum security correctional centre is Pretoria, C Max inGauteng, houses those with long sentences including life imprisonment,and Lookup Correctional Centre also in Gauteng.

The above are just examples of the maximum correctional centres, inalmost all regions there is a maximum, medium and the minimumcorrectional centre.

6. Description of the services available to members of the public fromthe Department of Correctional Services and how to gain access tothose services

6.1. Nature of Services

(a) Services offered by the DCS Resource Centre, The most common

services that are offered at the Resource Centre (RC) are:

1. Lending

2. Photocopying

3. Document supply

4. Referral Services
http://www.dcs.gov.za/http://www.dcs.gov.za/


17/23

17

5. Current awareness services

6. Abstracts

7. Enquiries services

8. Newsletters/Brochures/Pamphlets

To gain access to the services at the DCS Resource Centre, requestmust be made to:

7th Floor Room 726 Poyntons West BlockContact: Zozo DlulaTel no: 012-307 2273Fax no: 012-326 7298Mobile: 082 571 4858Email: [email protected]

Contact: Msiza LucyTel no: 012-305 8302

Fax no: 012-326 7298Email: [email protected]

Contact: Kambule ThembiTel no: 012-305 8296Fax no: 012-326 7298Email: [email protected] of the week: Monday to FridayTimes of operation: 07h15 - 15h45Where to find us:Corner of Church and Schubart StreetsPoyntons West Block7th Floor Room 726

(b) Basic services offered by DCS Record management/Registry giverise to the following specific activities:

1. Classification of archives

2. Receipt and flow of documentation

3. Receipt and opening of post

4. Sorting of Post

5. Making files available on request

6. Tracing of files

7. Posting of outgoing mails, materials

8. Keeping a check list of all archives other than correspondencefiles
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


18/23

18

To gain access to the services of DCS Registry, request must be madeto the following contacts:

Contact: MR O Rammutla

Tel no: (012) 305 8157

Fax no: (012) 305 8300

E-mail: [email protected]: MR MI Mathole

Tel no: (012) 305 2989

Fax no: (012) 305 8300

Corner of Church and Schubart StreetsPoyntons West Block7th Floor Room 729 A

(c) Services offered by DCS Communications

1. Public Relations:

1.1. Public management

1.2. Internal Communications

1.3. Corporate Image management

2. Media Production

2.1. Corporate publications

2.2. Media design

2.3. Language services

2.3. Promotional Print media

3. Media Services

3.1. Research

3.2. Media liaison
mailto:[email protected]:[email protected]:[email protected]


19/23

19

To gain access to DCS Communications enquiries can be made to:

Contact: Charmaine Gerber

Tel no: (012) 307 2278

Fax no: (012) 307 323 6088

E-mail: [email protected]

Corner of Church and Schubart StreetsPoyntons Building West Block9th Floor Room 927

7. Remedies available in respect of acts or failures to act

The following procedures exist for persons to report or remedy alleged irregular, improperor unlawful official acts or omissions by the DCS 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 Promotion of Access toInformation Act: The relevant authority for purposes of this Act is the Minister. Afterexhausting the internal appeal process, an application may be lodged with a court(sections 78 - 82).

(ii) A public service employee may lodge a grievance or compliant for investigation by thePublic Service Commission concerning an official act or omission (section 35 of thePublic Service Act, 1994).

(iii) A person may use labour remedies regarding official acts or omissions of a labournature, namely disputes of rights (the Public Service Act, 1994, and Labour Relations

Act, 1995);

(iv) A person may lodge a complaint with a labour inspector concerning any allegedcontravention of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997 -section 78(1) (a)), or the Employment Equity Act, 1998 (Act No. 55 of 1998 - section34(e)).

(v) A person may lodge a compliant with the Public Protector concerning a suspectedunlawful or improper official act or omission (the Constitution and the Public Protector

Act, 1994 (Act No. 23 of 1994)).

(vi) A person may lodge a compliant with the South African Human Rights Commissionconcerning an official act or omission that is suspected to constitute a violation of orthreat to any fundamental right (Human Rights Commission Act, 1994 (Act No. 54 of

1994)).

(vii) In order to be protected from reprisals because of a disclosure regarding unlawful orirregular conduct by the employer or a fellow employee, the person in question mayfollow the disclosure procedures in the Protected Disclosures Act, 2000 (Act No. 26 of2000).
mailto:[email protected]:[email protected]:[email protected]


20/23

20

(viii) A uses other legal remedies such as the institution of proceedings for the judicialreview of an administrative action in terms of the Promotion of Administrative Justice Act,2000 (Act No. 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 publicbody in terms of the Promotion of Access to Information Act, 2000 (section 11).

(c) Duty to report:

(i) A public service employee, in the course of his or her official duties, is obliged in termsof the Code of Conduct to report to the appropriate authorities, fraud, corruption,nepotism, mal-administration and any other act which constitutes an offence or which isprejudicial to the public interest. An employee, who fails to comply with this, is guilty ofmisconduct. (Regulation B.3 and C.4.10 of Chapter 2 of the Public Service Regulations2001).

(ii) The responsibility of every employer and employee to disclose criminal and any otherirregular conduct in the workplace also underpins the Protected Disclosures Act, 2000(Preamble).

8. OTHER INFORMATION AS PRESCRIBED IN TERMS OF THE ACT

8.1. Kindly note that the Minister of Justice exempts the following persons frompaying the access fee contemplated in section 22(6) of the Act.

8.1.1. A single person whose annual income, after permissible deductionsreferred to in the Schedule to this notice are made, does not exceed R 14 712,00 per annum;

8.1.1 Married persons or a person and his or her life partner whose annualincome, after permissible deductions referred to in the Schedule to this notice aremade, does not exceed R27 192, 00 per annum. See attached notice No.28107 of 14 October 2005/

8.2. Also kindly note that the Minister of Justice made amendments to Act to theeffect that Government Departments may publish their manual in Gazette. Theamendment was from mustpublish to may publish. The implication of thisamendment is no longer compulsory to publish in the GazetteSee attached not ice No. 25411 of 22 September 2003

9. UPDATING OF THE MANUAL

Department of Correctional Services may, if necessary, update and publish its manualreferred to in section 14(1) of the Act, at intervals of not more than a year.

10. AVAILABILITY OF THE MANUAL

Regulation 187 of 15 February 2002 prescribes in section 4(1) that the manual of a publicbody must be made available in the following manner:


21/23

21

A copy in each of three of the official languages is made available to every place oflegal deposit as defined in section 6 of The Legal Deposits Act, 1997 (Act No 54 of1997); the South African Human Rights Commission; and every office of Departmentof Correctional Services

The manual is to be published in three of the official languages

The manual is to be made available on the website of the DCS website:www.dcs.gov.za

11. ARRANGEMENT ALLOWING FOR PUBLIC INVOLVEMENT IN FORMULATINGPOLICY AND EXCISE OF POWER

The Public Involvement that would include by Department of Correctional Servicesis as Follows:

11.1. Consul tants and the use of agencies:

Correctional services have a policy on the use of consultant to outsource some ofits services and the use of agencies for recruitment, and services of contractworkers.

11.2. Contract workers:

There is recruitment policy in place for the recruitment of contract workers.

11.3. Submissions and Annual reports:

The Department of Correctional Services annual report and other reports areopen to the public viewing, reading and commentary.

12. CONTACT DETAILS OF INFORMATION OFFICE (PAIA UNIT IN DCS)

An Information Office has been established to advise the IO on recommendations fromthe DIOs regarding requests for information and to assist the IO and the RA regardingappeals. Information Office has also been established to advise the DIO's regardingrequests for information.

The DCS Information Office has been established as the nodal point to deal withrequests for information and related matters. The Information Office shall assistrequesters with respect to prescripts regarding requests for information.
http://www.dcs.gov.za/http://www.dcs.gov.za/http://www.dcs.gov.za/


22/23

22

The Department of Correctional Services has established information office toassist with Promotion o f Access to Information Act.

Contact details: Information Office (PAIA UNIT)

Designation: Department of Correctional ServicesPostal Address: Private Bag X136

Pretoria

0001

Physical address: Cnr Church & Schubart

Poytons Building

729 A west block

Record Manager: MR S Mkhulise

Telephone No: (012) 308 8533

Fax No: (012) 305 8300

E-mail Address: [email protected]

Researcher for PAIA: MR JJ Mabaso

Telephone No: (012) 305 8632

Fax No: (012) 305 8300


Researcher for RM: MR P Mampuru

Telephone No: (012) 305 8633

Fax No: (012) 305 8300

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


23/23

23

legislative acts - promotion of acess to information act no. 2 of 2000

Documents