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

Part 4 : Appeals against Decisions

Chapter 1A :  Complaints to Regulator

77A. Complaints

 

 

(1) A requester or third party referred to in section 74 may only submit a complaint to the Information Regulator in terms of this section after that requester or third party has exhausted the internal appeal procedure against a decision of the information officer of a public body provided for in section 74.

 

(2) A requester—
(a) that has been unsuccessful in an internal appeal to the relevant authority of a public body;
(b) aggrieved by a decision of the relevant authority of a public body to disallow the late lodging of an internal appeal in terms of section 75(2);
(c) aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of "public body" in section 1—
(i) to refuse a request for access; or
(ii) taken in terms of section 22, 26(1) or 29(3); or
(d) aggrieved by a decision of the head of a private body—
(i) to refuse a request for access; or
(ii) taken in terms of section 54, 57(1) or 60,

may within 180 days of the decision, submit a complaint, alleging that the decision was not in compliance with this Act, to the Information Regulator in the prescribed manner and form for appropriate relief.

 

(3) A third party—
(a) that has been unsuccessful in an internal appeal to the relevant authority of a public body;
(b) aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of "public body" in section 1 to grant a request for access; or
(c) aggrieved by a decision of the head of a private body in relation to a request for access to a record of that body,

may within 180 days of the decision, submit a complaint, alleging that the decision was not in compliance with this Act, to the Information Regulator in the prescribed manner and form for appropriate relief.

 

[Section 77A inserted by section 110 of Act No. 4 of 2013].