Acts Online
GT Shield

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

Rules of Procedure for Application to Court in Terms of the Promotion of Access to Information Act 2 of 2000

3. Applications

 

 

1) An application contemplated in section 78 of the Act must be brought on notice of motion that must correspond substantially in accordance with the form set out in the Annexure to these rules, addressed to the information officer or the head of a private body, as the case may be.

 

2) The notice of motion must:
a) set out an address within eight kilometres of the court to which the application is brought, where the applicant will accept notice and service of all process;
b) call upon the respondent-
i) to give notice, within 15 days after receipt of the application, of his or her intention to oppose the application, which notice shall also contain an address within eight kilometres of the court to which the application is brought where notice and service of documents will be accepted; and
ii) to file any answering affidavit within 15 days after service of the notice of intention to oppose the application; and
c) inform the respondent that-
i) if no notice to oppose the application is delivered in terms of subrule (2)(b)(i); or
ii) if notice of intention to oppose has been delivered but no answering affidavit is delivered in terms of subrule (2)(b)(ii), the matter will be placed on the roll for hearing without further notice.

 

3) The notice of motion referred to in sub-rule (1) must be supported by an affidavit and be accompanied by true copies of all documents upon which the applicant intends to rely.

 

4) The affidavit referred to in subrule (3) must:
a) set out the facts and circumstances upon which the application is based;
b) state whether the internal appeal procedure contemplated in section 74 of the Act has been exhausted and if so, 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; and
c) explain the relevance of each document upon which the applicant intends to rely.

 

5) The information officer or head of a private body, as the case may be, must:
a) immediately after receipt of the application, notify, in writing, all other persons affected, of the application and attach a copy of the application to such notice; and
b) within 15 days after receipt of the application -
i) file with the clerk of the court or the registrar, as the case may be, two true copies of the request and the notification sent to the requester in terms of section 25(1 )(b) of the Act;
ii) notify the applicant in writing that the requirements of subparagraph (i) have been complied with; and
iii) serve on the applicant a true copy of the reasons, if they have not yet been provided.

 

6) The applicant may, if the information officer or head of a private body as the case may be, fails to comply with the provisions of subrule (4), request the clerk of the court or the registrar as the case may be, in writing, to place the application before the court for an order in terms of section 82(b) of the Act.