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Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)

Rules

Rules of Procedure for Application to Court

3. Applications

 

(1) An application contemplated in section 78 of the Act must be—
(a) brought in accordance with, and be governed by—
(i) rule 6 of the High Court Rules, when brought in the High Court; or
(ii) rule 55 of the Magistrates' Courts Rules, when brought in a Magistrate's Court; and
(b) served on—
(i) the information officer of public body; or
(ii) the head of a private body, as the case may be,

and on the requester and any known third parties, where applicable.

 

(2) The affidavit in support of an application contemplated in section 78 must state whether the internal appeal procedure contemplated in section 74 of the Act is applicable.

 

(3) If the internal appeal procedure contemplated in section 74 of the Act is applicable, the affidavit must—
(a) state whether such internal appeal procedure has been exhausted; and
(b) provide particulars of the manner in which and date upon which the internal appeal procedure was exhausted and, if not, the reasons for failing to exhaust such procedure.

 

(4) Upon receipt of the application the information officer of public body or head of a private body must provide a copy of the application, under cover of a written notice, to all other parties affected by the application who have not been cited therein.

 

 


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