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Promotion of Access to Information Act, 2000 (Act No. 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 or Regulator

 

(1) A requester or third party may only apply to a court for appropriate relief in terms of section 82 in the following circumstances:
(a) After that requester or third party has exhausted the internal appeal procedure referred to in section 74; or
(b) after that requester or third party has exhausted the complaints procedure referred to in section 77A.

[Section 78(1) substituted by the Schedule: Laws Amended by Section 10, Protection of Personal Information Act 2013 (Act No. 4 of 2013), Notice No. 912, dated 26 November 2013]

 

(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);
(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,
(e) that is aggrieved by any decision of the Information Regulator,

[Section 78(2)(e) inserted by the Schedule: Laws Amended by Section 10, Protection of Personal Information Act 2013 (Act No. 4 of 2013), Notice No. 912, dated 26 November 2013]

may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82.

[Words following Section 78(2)(e) substituted by section 28(a) of Act No. 42 of 2013 - effective 22 January 2014]

 

(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;
(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; or

(d)        that is aggrieved by any decision of the Information Regulator,

[Section 78(3)(d) inserted by the Schedule: Laws Amended by Section 10, Protection of Personal Information Act 2013 (Act No. 4 of 2013), Notice No. 912, dated 26 November 2013]

may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82.

[Words following Section 78(3)(d) substituted by section 28(b) of Act No. 42 of 2013 - effective 22 January 2014]

 

(4) An information officer or relevant authority of a public body or the head of a private body, as the case may be, aggrieved by a decision of the Information Regulator in terms of section 77E(2)(b) or (c) may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82.

[Section 78(4)inserted by the Schedule: Laws Amended by Section 10, Protection of Personal Information Act 2013 (Act No. 4 of 2013), Notice No. 912, dated 26 November 2013]