defer the release of a record to a requester
in terms of Section 24 of PAIA, if that
record is intended to be published within
90 days or if the record is required by law
to be published but is yet to be.
PAIA states in Sections 23 and 55 that if an Information Officer is unable to find
the particular records requested, or it is believed that they do not exist, the
Information Officer must, after ensuring that all reasonable steps have been located to
find the record, submit an affidavit to the requester giving notice that the records in
question do not exist or cannot be found.
3.4 What legal remedies do I have when my
PAIA request is denied?
A requester has the right to take legal steps against the Information Officer, Deputy
Information Officer, or Head of the public or private body if the Information Officer decided
to:
Deny access to a record
Extend the time to respond to a request
Charge a request fee or an access fee
Provide access to a record in a form different from the one originally
requested.
This section will explain the legal remedies available to requesters who wish to challenge
the decisions of the Information Officers.
South African Human Rights Commission
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