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

Part 4 : Appeals against Decisions

Chapter 1 : Internal Appeals against Decisions of Information Officers of Certain Public Bodies

76. Notice to and representations by other interested parties

 

 

1) If a relevant authority is considering an internal appeal against the refusal of a request for access to a record contemplated in section 34(1), 35(1), 36(1), 37(1) or 43(1), the authority must inform the third party to whom or which the record relates of the internal appeal, unless all necessary steps to locate the third party have been unsuccessful.

 

2) The relevant authority must inform a third party in terms of subsection (1)—
a) as soon as reasonably possible, but in any event within 30 days after the receipt of the internal appeal; and
b) by the fastest means reasonably possible.

 

3) When informing a third party in terms of subsection (1), the relevant authority must—
a) state that he or she is considering an internal appeal against the refusal of a request for access to 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 and the provisions of section 34(1), 35(1), 36(1), 37(1) or 43(1), as the case may be;
b) furnish the name of the appellant;
c) in any case where that authority 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 head might apply and state the reasons why he or she is of the opinion that section 46 might apply; and
d) state that the third party may, within 21 days after the third party is informed, make written representations to that authority why the request for access should not be granted.

 

4) If a third party is informed orally of an internal appeal in terms of subsection (1), the relevant authority must, on request, give a written notice stating the matters referred to in subsection (3) to the third party.

 

5) A third party that is informed of an internal appeal in terms of subsection (1), may within 21 days after the third party has been informed, make written representations to the relevant authority why the request for access should not be granted.

 

6) A third party that obtains knowledge about an internal appeal other than in terms of subsection (1) may—
a) make written or oral representations to the relevant authority why the request for access should be refused; or
b) give written consent for the disclosure of the record to the requester concerned.

 

7) If the relevant authority is considering an internal appeal against the granting of a request for access, the authority must give notice of the internal appeal to the requester concerned.

 

8) The relevant authority must—
a) notify the requester concerned in terms of subsection (7) as soon as reasonably possible, but in any event within 30 days after the receipt of the internal appeal; and
b) state in that notice that the third party may within 21 days after notice is given, make written representations to that authority why that request should be granted.

 

9) A requester to whom or which notice is given in terms of subsection (7) may within 21 days after that notice is given, make written representations to the relevant authority why the request for access should be granted.