GOVERNMENT GW~, 3 ~BRUARY 2~
PROMO~ON OF ACCESS TO ~ORMA~ON ACT, 20M
No.
20852
37
Act No. 2,2000
(a) adequate reasons for granting the request, including the provisions of this Act
relied upon to justify the granting;
(b) that the third p~y may lodge an application with a court against the decision
of the head within 30 days afte~ n~tice is given, and the procedure for lodging
the application; and
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(c) that the requester will be given access to the record after the expiry of the
applicable period contemplated in paragraph (b), unless an application with a
court is lodged within that period.
(4) If the head of the private body decides in terms of subsection (1) to grant the
request for access concerned, he or she must give the requester access to the record 10
concerned after the expiry of 30 days after notice is given in terms of subsection (l)(b),
unless an application with a court is lodged against the decision within that period.
PART 4
APPEALS AGAWST DECISIONS
CHAPTER 1
INTERNAL APPEALS AGAINST DECISIONS OF INFORMATION OFFICERS
OF CERTAIN PUBLIC BODIES
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Right of internal appeal to relevant authority
74. (1) A requester may lodge an internal appeal against a decision of the information
officer of a public body referred to in paragraph (a) of the definition of “public body” in
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section l—
(a) to refuse a request for access; or
(b) t&en in terms of section 22, 26(1) or 29(3),
in relation to that requester with the relevant authority.
(2) A third party may lodge an internal appeal against a decision of the information 25
officer of a public body referred to in paragraph (a) of the definition of “public body” in
section 1 to grant a request for access.
Manner of internal appeal, and appeal fees
75. (1) An internal apped—
(a) must be lodged in the prescribed form—
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(i) within 60 days;
(ii) if notice to a third party is required by section 49(l)(b), within 30 days
after notice is given to the appellant of the decision appealed against or,
if notice to the appellant is not required, after the decision was t~en;
(b) must be delivered or sent to the information officer of the public body 35
concerned at his or her address, fax number or electronic mail address;
(c) must identify the subject of the internal appeal and state the reasons for the
internal appeal and may include any other relevant information kown to the
appellant;
(~ if, in addition to a written reply, the appellant wishes to be informed of the 40
decision on the internal appeal in any other manner, must state that manner
and provide the necessary particulars to be so informed;
(e) if applicable, must be accompanied by the prescribed appeal fee referred to in
subsection (3); and
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(~) must specify a postal address or fax number.
(2)(a) If an internal appeal is lodged after the expiry of the period referred to in
subsection (1)(a), the relevant authority must, upon good cause shown, allow the late
lodging of the internal appeal.
(b) If that relevant authority disallows the late lodging of the internal appeti, he or she
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must give notice of that decision to the person that lodged the internal appeal.
(3)(a) A requester lodging an internal appeal against the refusal of his or her request
for access must pay the prescribed appeal fee (if any).
(b) If the prescribed appeal fee is payable in respect of an internal appeal, the decision
on the internal appeal may be deferred until the fee is paid.
(4) As soon as reasonably possible, but in any event within 10 worting days after 55
receipt of an internal appeal in accordance with subsection(1), the information officer of
the public body concerned must submit to the relevant authority—