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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

49. Decision on representations for refusal and notice thereof

 

(1) The information officer of a public body must, as soon as reasonably possible, but in any event within 30 days after every third party is informed as required by section 47
(a) decide, after giving due regard to any representations made by a third party in terms of section 48, whether to grant the request for access;
(b) notify the third party so informed and a third party not informed in terms of section 47(1), but that made representations in terms of section 48 or is located before the decision is taken, of the decision; and
(c) notify the requester of the decision and, if the requester stated, as contemplated in section 18(2)(3), that he or she wishes to be informed of the decision in any other manner, inform him or her in that manner if it is reasonably possible, and if the request is—
(i) granted, notify the requester in accordance with section 25(2); or
(ii) refused, notify the requester in accordance with section 25(3).

[Section 49(1) substituted by section 37 of Act No. 42 of 2001]

 

(2) If, after all reasonable steps have been taken as required by section 47(1), a third party is not informed of the request in question and the third party did not make any representations in terms of section 48, any decision whether to grant the request for access must be made with due regard to the fact that the third party did not have the opportunity to make representations in terms of section 48 why the request should be refused.

 

(3) If the request for access is granted, the notice in terms of subsection (1)(b) must state—
(a) adequate reasons for granting the request, including the provisions of this Act relied upon;
(b) that the third party may lodge an internal appeal or an application, as the case may be, against the decision within 30 days after notice is given, and the procedure for lodging the internal appeal or application, as the case may be; and
(c) that the requester will be given access to the record after the expiry of the applicable period contemplated in paragraph (b), unless such internal appeal or application with a court is lodged within that period.

 

(4) If the information officer of a public body decides in terms of subsection (1) to grant the request for access concerned, he or she must give the requester access to the record concerned after the expiry of 30 days after notice is given in terms of subsection (1)(b), unless an internal appeal or an application with a court, as the case may be, is lodged against the decision within that period.