PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 49 of 70
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.
77 Decision on internal appeal and notice thereof
(1) The decision on an internal appeal must be made with due regard to(a)
the particulars stated in the internal appeal in terms of section 75 (1)
(c);
(b)
any reasons submitted by the information officer in terms of section 75
(4) (a);
(c)
any representations made in terms of section 76 (5), (6) or (9); and
(d)
if a third party cannot be located as contemplated in section 76 (1), the
fact that the third party did not have the opportunity to make
representations in terms of section 76 (5) why the internal appeal
should be dismissed.
(2) When deciding on the internal appeal the relevant authority may confirm the
decision appealed against or substitute a new decision for it.
(3) The relevant authority must decide on the internal appeal(a)
as soon as reasonably possible, but in any event within 30 days after the
internal appeal is received by the information officer of the body;
(b)
if a third party is informed in terms of section 76 (1), as soon as
reasonably possible, but in any event within 30 days; or
(c)
if notice is given in terms of section 76 (7)(i)
(ii)
within five working days after the requester concerned has
made written representations in terms of section 76 (9); or
in any other case within 30 days after notice is so given.
(4) The relevant authority must, immediately after the decision on an internal
appeal(a)
give notice of the decision to(i)
(ii)
(iii)
(b)
the appellant;
every third party informed as required by section 76 (1); and
the requester notified as required by section 76 (7); and
if reasonably possible, inform the appellant about the decision in any
other manner stated in terms of section 75 (1) (d).
(5) The notice in terms of subsection (4) (a) must(a)
state adequate reasons for the decision, including the provision of this
Act relied upon;
(b)
exclude, from such reasons, any reference to the content of the record;
(c)
state that the appellant, third party or requester, as the case may be,
may lodge an application with a court against the decision on internal
appeal(i)
within 180 days; or
[Sub-para. (i) substituted by s. 27 of Act 42 of 2013 (wef 22 January 2014).]
(ii)
if notice to a third party is required by subsection (4) (a) (ii),
within 180 days,
[Sub-para. (ii) substituted by s. 27 of Act 42 of 2013 (wef 22 January 2014).]
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