(4) If, after notice is given in terms of subsection (1), the record in question is found, the requester
concerned must be given access to the record unless access is refused on a ground for refusal
contemplated in Chapter 4 of this Part.
24 Deferral of access
(1)
(2)
If the information officer of a public body decides to grant a request for access to a record, but that
record(a)
is to be published within 90 days after the receipt or transfer of the request or such further
period as is reasonably necessary for printing and translating the record for the purpose of
publishing it;
(b)
is required by law to be published but is yet to be published; or
(b)
has been prepared for submission to any legislature or a particular person but is yet to be
submitted, the information officer may defer giving access to the record for a reasonable
period.
If access to a record is deferred in terms of subsection (1), the information officer must notify the
requester concerned(a)
(b)
that the requester may, within 30 days after that notice is given, make representations to
the information officer why the record is required before such publication or submission;
and
if the likely period for which access is to be deferred.
(3)
If a requester makes representations in terms of subsection (2) (a), the information
officer must, after due consideration of those representations, grant the request for access only if
there are reasonable grounds for believing that the requester will suffer substantial
prejudice if access to the record is deferred for the likely period referred to in subsection (2) (b).
25
Decision on request and notice thereof
(1)
The information officer to whom a request for access is made or transferred, must, subject to
section 26 and Chapter 5 of this Part, as soon as reasonably possible, but in any
event within 30 days, after the request is received-
(2)
(a)
decide in accordance with this Act whether to grant the request; and
(b)
notify the requester of the decision and, if the requester stated, as contemplated in section
18 (2) (e), that he or she wishes to be informed of the decision in any other manner,
inform him or her in that manner if it is reasonably possible.
If the request for access is granted, the notice in terms of subsection (I) (b) must
state(a)
the access fee (if any) to be paid upon access;
(b)
the form in which access will be given: and
(c)
that the requester may lodge an internal appeal or an application with a court,
as the case may be, against the access fee to be paid or the form of access granted, and the
procedure (including the period) for lodging the internal appeal or application, as the case
may be.