. , ,., ., , ,.,
GOWRNMENT G=~, 3 ~BRUARY 2000
PROMOTtON OF ACCESS TO INFORMAnON ACT, 2000
No.
20852
39
Act No. 2,2000
any reasons submitted by the information officer in terms of section 75(4)(a);
any representations made in terms of section 76(5), (6) or (9); and
if a third party cannot be located as contemplated in section 76(1), the fact that
the third party did not have the opportunity to make representations in telms
of section 76(5) why the internal appeal should be dismissed.
(2) When deciding on the internal appeal the relevant authority may confirm the
decision appealed against or substitute a new decision for it.
(3) The relevant authority must decide on the internal appeal—
(a) as soon as reasonably possible, but in any event within 30 days after the
internal appeal is received by the information officer of the body;
(b) if a third party is informed in terms of section 76(1), as soon as reasonably
possible, but in any event within 30 days; or
(c) if notice is given in terms of section 76(7)—
(i) within five working days after the requester concerned has made written
representations in terms of section 76(9); or
(ii) in any other case within 30 days after notice is so given.
(4) The relevant authority must, immediately after the decision on an internal
appeal—
(a) give notice of the decision t~
(i) the appellant;
(ii) every third party informed as required by section 76(1); and
(iii) the requester notified as required by section 76(7); and
(b) if reasonably possible, inform the appellant about the decision in any other
manner stated in terms of section 75(1)(d).
(5) The notice in terms of subsection (4)(a) must—
‘(a) state adequate reasons for the decision, including the provision of this Act
relied upon;
(b) exclude, from such reasons, any reference to the content of the record:
(c) state that the appellant, third party or requester, as the case may be, may lodge
an application with a court against ~he decision on internal appeal—
(i) within 60 days; or
(ii) if notice to a third party is required by subsection (4)(a)(ii), within 30
days,
after notice is given, and the procedure for lodging the application; and
(d) if the relevant authority decides on internal appeal to grant a request for access
and notice to a third party—
(i) is not required by subsection (4)(a) (ii), that access to the record will
forthwith be given; or
(ii) is so required, that access to the record will be given after the expiry of
the applicable period for lodging an application with a court against the
decision on internal appeal referred to in paragraph (c), unless that
application is lodged before the end of that applicable period.
(6) If the relevant authority decides on internal appeal to grant a request for access and
notice to a third party—
(a) is not required by subsection (4)(a)(ii), the information officer of the body
must forthwith give the requester concerned access to the record concerned; or
(b) is so required. the information officer must, after the expiry of 30 days after the
notice is given to every third party concerned, give the requester access to the
record concerned, unless an application with a court is lodged against the
decision on internal appeal before the end of the period contemplated in
subsection (5)(c)(ii) for lodging that application.
(7) If the relevant authority fails to give notice of the decision on an internal appeal to
the appellant within the period contemplated in subsection (3), that authority is, for the
purposes of this Act, regarded as having dismissed the internal appeal.
(b)
(c)
(d)
CHAPTER 2
APPLICATIONS TO COURT
5
10
15
20
25
30
35
40
45
jO
5j
Applications regarding decisions of information officers or relevant authorities of
public bodies or heads of private bodies
78. (1) A requester or third party referred to in section 74 may only apply to a court
for appropriate relief in terms of section 82 after that requester or third party has 60