Promotion of Access to Information Act, 2000 (Act 2 of 2000)
Part 4: Appeals against Decisions
Chapter 2: Applications to Court
78. Applications regarding decisions of information officers or relevant authorities of public bodies or heads of private bodies

 

 

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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 exhausted the internal appeal procedure against a decision of the information officer of a public body provided for in section 74.

 

2)        A requester--

a)        that has been unsuccessful in an internal appeal to the relevant authority of a public body;

b)        aggrieved by a decision of the relevant authority of a public body to disallow the late lodging of an internal appeal in terms of section 75(2);

c)         aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of "public body" in section 1--

i)          to refuse a request for access; or

ii)         taken in terms of section 22, 26(1) or 29(3); or

d)        aggrieved by a decision of the head of a private body--

i)          to refuse a request for access; or

ii)         taken in terms of section 54, 57(1) or 60,

may, by way of an application, within 30 days apply to a court for appropriate relief in terms of section 82.

 

3)        A third party--

a)        that has been unsuccessful in an internal appeal to the relevant authority of a public body;

b)        aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of "public body" in section 1 to grant a request for access; or

c)         aggrieved by a decision of the head of a private body in relation to a request for access to a record of that body,

may, by way of an application, within 30 days apply to a court for appropriate relief in terms of section 82.