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

Part 3 : Access to Records of Private Bodies

Chapter 3 : Manner of Access

56. Decision on request and notice thereof

 

 

1) Subject to Chapter 5 of this Part, the head of the private body to whom the request is made must, as soon as reasonably possible, but in any event within 30 days, after the request has been received or after the particulars required in terms of section 53(2) have been received—
a) decide in accordance with this Act whether to grant the request; and
b) notify the requester of the decision and, if the requester stated, as contemplated in section 53(2)(e), 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.

 

2) If the request for access is granted, the notice in terms of subsection (1)(b) must state—
a) the access fee (if any) to be paid upon access;
b) the form in which access will be given; and
c) that the requester may lodge a complaint to the Information Regulator or an application with a court against the access fee to be paid or the form of access granted, and the procedure for lodging a complaint to the Information Regulator or the application.

[Paragraph (c) amended by section 110 of Act No. 4 of 2013].

 

3) If the request for access is refused, the notice in terms of subsection (1)(b) must—
a) state adequate reasons for the refusal, including the provisions of this Act relied on;
b) exclude, from any such reasons, any reference to the content of the record; and
c) state that the requester may lodge a complaint to the Information Regulator or an application with a court against the refusal of the request, and the procedure (including the period) for lodging a complaint to the Information Regular or the application.

[Paragraph (c) amended by section 110 of Act No. 4 of 2013].