PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 48 of 70
authority(a)
the internal appeal together with his or her reasons for the decision
concerned; and
(b)
if the internal appeal is against the refusal or granting of a request for
access, the name, postal address, phone and fax number and electronic
mail address, whichever is available, of any third party that must be
notified in terms of section 47 (1) of the request.
76 Notice to and representations by other interested persons
(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
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