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

Part 2 : Access to Records of Public Bodies

Chapter 3 : Manner of Access

20. Transfer of requests

 

 

1) If a request for access is made to the information officer of a public body in respect of which—
a) the record is not in the possession or under the control of that body but is in the possession of another public body;
b) the record’s subject matter is more closely connected with the functions of another public body than those of the public body of the information officer to whom the request is made; or
c) the record contains commercial information contemplated in section 42 in which any other public body has a greater commercial interest,

the information officer to whom the request is made must as soon as reasonably possible, but in any event within 14 days after the request is received—

i) transfer the request to the information officer of the other public body or, if there is in the case of paragraph (c) more than one other public body having a commercial interest, the other public body with the greatest commercial interest; and
ii) if the public body of the information officer to whom the request is made is in possession of the record and considers it helpful to do so to enable the information officer of the other public body to deal with the request, send the record or a copy of the record to that information officer.

 

2) If a request for access is made to the information officer of a public body in respect of which—
a) the record is not in the possession or under the control of the public body of that information officer and the information officer does not know which public body has possession or control of the record;
b) the record’s subject matter is not closely connected to the functions of the public body of that information officer and the information officer does not know whether the record is more closely connected with the functions of another public body than those of the public body of the information officer to whom the request is made; and
c) the record—
i) was created by or for another public body; or
ii) was not so created by or for any public body, but was received first by another public body,

the information officer to whom the request is made, must as soon as reasonably possible, but in any event within 14 days after the request is received, transfer the request to the information officer of the public body by or for which the record was created or which received it first, as the case may be.

 

3) Subject to subsection (4), the information officer to whom a request for access is transferred, must give priority to that request in relation to other requests as if it were received by him or her on the date it was received by the information officer who transferred the request.

 

4) If a request for access is transferred, any period referred to in section 25(1) must be computed from the date the request is received by the information officer to whom the request is transferred.

 

5) Upon the transfer of a request for access, the information officer making the transfer must immediately notify the requester of—
a) the transfer;
b) the reasons for the transfer; and
c) the period within which the request must be dealt with.