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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 5 : Third Party Notification and Intervention

47. Notice to third parties

 

 

1) The information officer of a public body considering a request for access to a record that might be a record contemplated in section 34(1), 35(1), 36(1), 37(1) or 43(1) must take all reasonable steps to inform a third party to whom or which the record relates of the request.

 

2) The information officer must inform a third party in terms of subsection (1)—
a) as soon as reasonably possible, but in any event, within 21 days after that request is received or transferred; and
b) by the fastest means reasonably possible.

 

3) When informing a third party in terms of subsection (1), the information officer must—
a) state that he or she is considering a request for access to a record that might be a record contemplated in section 34(1), 35(1), 36(1), 37(1) or 43(1), as the case may be, and describe the content of the record;
b) furnish the name of the requester;
c) describe the provisions of section 34(1), 35(1), 36(1), 37(1) or 43(1), as the case may be;
d) in any case where the information officer believes that the provisions of section 46 might apply, describe those provisions, specify which of the circumstances referred to in section 46(a) in the opinion of the information officer might apply and state the reasons why he or she is of the opinion that section 46 might apply; and
e) state that the third party may, within 21 days after the third party is informed—
i) make written or oral representations to the information officer why the request for access should be refused; or
ii) give written consent for the disclosure of the record to the requester.

 

4) If a third party is not informed orally of a request for access in terms of subsection (1), the information officer must give a written notice stating the matters referred to in subsection (3) to the third party.