3.4.1.5 What are the fees for internal appeals? A requester who makes an internal appeal is required to pay the prescribed fee, if there is any. If the appeal fee is payable upon filing, the decision regarding the appeal may be deferred until the fee is paid. Can I file an application in court against the decision of a public body? Yes. If a requester has been unsuccessful with his/her internal appeal against a public body, or if the public body refused to accept the late lodging of an internal appeal, or if the requester has been aggrieved in any way because of a decision made by the public body, the requester may apply to the court for relief by filing an application within 30 days of receiving the decision. A requester or third party may only apply to the courts after the internal appeal process has been concluded. 3.4.2. Legal Recourse against Private Bodies When a requester is not satisfied by a decision made by the head of a private entity, for example for refusing access, for imposing access fees, or for extending the time period in which the response is due, the requester may apply to court for relief within 180 days of receiving the decision that has caused the grievance. The decision of the private body will be reviewed by a court and a decision will be made by the courts as to whether or not to provide access. Brummer v Minister for Social Development In this matter the courts stated that the original 30 day period under PAIA in which a requester may apply to the courts if dissatisfied with the decision of an Information Officer was insufficient to serve the cause of justice. It was therefore held that the 30 day time period was invalid and was to be extended to a period of 180 days. This judgment has been South African Human Rights Commission 43

اختر الفقرة المستهدفة3

الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات