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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

77H. Assessment

 

 

(1) The Information Regulator, on its own initiative, or at the request by or on behalf of an information officer or head of a private body or any other person may make an assessment in the manner prescribed of whether a public or private body generally complies with the provisions of this Act insofar as its policies and implementation procedures are concerned.

 

(2) The Information Regulator must make the assessment if it appears to be appropriate, unless, where the assessment is made on request, the Information Regulator has not been supplied with such information as it may reasonably require in order to—
(a) satisfy itself as to the identity of the person making the request; and
(b) enable it to identify the private or public body concerned.

 

(3) The matters to which the Information Regulator may have regard in determining whether it is appropriate to make an assessment include—
(a) the extent to which the request appears to it to raise a matter of substance;
(b) determining that the request is not frivolous or vexatious; and
(c) whether or not the person making the request is entitled to make an application in terms of this Act in respect of the information in question.

 

(4) If the Information Regulator has received a request under this section it must notify the person referred to in subsection (1)—
(a) whether it has made an assessment as a result of the request; and
(b) of any view formed or action taken as a result of the request.

 

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