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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 5 : Third Party Notification and Intervention

73. Decision on representations for refusal and notice thereof

 

 

1) The head of a private body must, as soon as reasonably possible, but in any event within 30 days after every third party is informed as required by section 71
a) decide, after giving due regard to any representations made by a third party in terms of section 72, whether to grant the request for access; and
b) notify the third party so informed and a third party not informed in terms of section 71, but that made representations in terms of section 72 or is located before the decision is taken, of the decision.

 

2) If, after all reasonable steps have been taken as required by section 71, a third party is not informed of a request, 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 72 why the request should be refused.

 

3) If the request 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 to justify the granting;
b) that the third party may lodge a complaint to the Information Regulator or an application with a court against the decision of the head within 30 days after notice is given, and the procedure for lodging the complaint to the Information Regulator or the application; and

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

c) that the requester will be given access to the record after the expiry of the applicable period contemplated in paragraph (b), unless a complaint to the Information Regulator or an application with a court is lodged within that period.

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

 

4) If the head of the private 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 a complaint to the Information Regulator or an application with a court is lodged against the decision within that period.

[Sub-section (4) amended by section 110 of Act No. 4 of 2013].