(v) requiring a public body to stop collecting, using or disclosing personal information in contravention of this Act;
(vi) requiring the head of a public body to destroy personal information collected in contravention of
this Act.
(2) The Commission may specify any terms or conditions subject to which an order is issued in terms of this
section, including the time within which the person to whom the order is issued shall comply with the order.
[Section inserted by section 7 of Act 5 of 2003]
52B Determinations and inquiries by Commission
(1) The Commission shall, in relation to the determination by it of the following matters
(a) a request for a review in terms of Part X;
(b) an application for registration of a mass media service, in terms of Part XI;
(c) whether to suspend or cancel any registration certificate or make any other order in terms of section seventy-one;
(d) ….
[Paragraph repealed by section 6 of Act 20 of 2007]
(e) ….
[Paragraph repealed by section 6 of Act 20 of 2007]
(f) whether to issue an order in terms of paragraph (b) of subsection (1) of section fifty-two A;
(g) any other matter in terms of this Act which it is required or empowered to determine;
do either of the following—
(i) if it considers that the matter involves no substantial dispute of fact or law, and after affording
any party concerned an opportunity to make written representations to it within the time it specifies, determine the matter and give notice of its determination orally or in writing to the party or
the parties concerned; or
(ii) if it considers that the matter involves any substantial dispute of fact or law, conduct an inquiry
in terms of the following provisions of this section.
(2) The Commission shall conduct an inquiry and may decide all questions of fact and l aw arising in the
course of the inquiry.
(3) An inquiry in terms of subsection (2) may be conducted in camera.
(4) The Commission shall give every person who has an interest in the matter an opportunity to make representations during the inquiry.
(5) The Commission may decide—
(a) whether representations are to be made orally or in writing; and
(b) whether a person other than the persons referred to in subsection (4) is entitled to be present during or to
have access to or to comment on representations made to the Commission by another person.
(6) Every person appearing before the Commission at an inquiry may be represented at the inquiry by a legal
practitioner.
(7) An inquiry into any matter shall be completed within ninety days from the date of commencement of the
inquiry.
(8) On completing an inquiry the Commission shall make a written determination of its findings and may, on
the basis of those findings, issue an appropriate order to the parties concerned in the matter and give a copy of it to
the Minister and any other party considered by the Commission to have an interest in the matter.
(9) Any person aggrieved by any order or determination of the Commission made in terms of section fiftytwo A or fifty-two B may, within twenty-eight days after being notified of that order or determination, appeal to the
Administrative Court.
[Section inserted by section 7 of Act 5 of 2003]
PART X
R EVIEWS BY THE COMMISSION
53
Right to request a review
(1) A person who makes a request to a head of a public body, other than the Commission, for access to a record or for correction of personal information may request the Commission to review any decision or act of the
head of that public body that relates to that request.
(2) A third party notified of a decision to give access may request the Commission to review any decision
made by the head of the public body.
54 Procedure for seeking review
(1) For the purposes of this section, the failure by a head of a public body to respond within the time limit to
a request for access to a record shall be deemed to be a decision to refuse access to the record.