PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 35 of 70
48 Representations and consent by third parties
(1) A third party that is informed in terms of section 47 (1) of a request for
access, may, within 21 days after the third party has been informed(a)
make written or oral representations to the information officer
concerned why the request should be refused; or
(b)
give written consent for the disclosure of the record to the requester
concerned.
(2) A third party that obtains knowledge about a request for access other than in
terms of section 47 (1) may(a)
make written or oral representations to the information officer
concerned why the request should be refused; or
(b)
give written consent for the disclosure of the record to the requester
concerned.
49 Decision on representations for refusal and notice thereof
(1) The information officer of a public body must, as soon as reasonably
possible, but in any event within 30 days after every third party is informed as
required by section 47(a)
decide, after giving due regard to any representations made by a third
party in terms of section 48, whether to grant the request for access;
(b)
notify the third party so informed and a third party not informed in
terms of section 47 (1), but that made representations in terms of
section 48 or is located before the decision is taken, of the decision; and
(c)
notify the requester of the decision and, if the requester stated, as
contemplated in section 18 (2) (e), that he or she wishes to be informed
of the decision in any other manner, inform him or her in that manner if
it is reasonably possible, and if the request is(i)
granted, notify the requester in accordance with section 25 (2);
or
(ii)
refused, notify the requester in accordance with section 25 (3).
[Sub-s. (1) substituted by s. 37 of Act 42 of 2001 (wef 7 December 2001).]
(2) If, after all reasonable steps have been taken as required by section 47 (1),
a third party is not informed of the request in question and the third party did not
make any representations in terms of section 48, any decision whether to grant the
request for access must be made with due regard to the fact that the third party did
not have the opportunity to make representations in terms of section 48 why the
request should be refused.
(3) If the request for access is granted, the notice in terms of subsection (1) (b)
must state(a)
adequate reasons for granting the request, including the provisions of
this Act relied upon;
(b)
that the third party may lodge an internal appeal or an application, as
the case may be, against the decision within 30 days after notice is
given, and the procedure for lodging the internal appeal or application,
as the case may be; and
[NB: Para. (b) has been substituted by s. 110 of the Protection of Personal Information
Act 4 of 2013, a provision which will be put into operation by proclamation. See
PENDLEX.]
(c)
that the requester will be given access to the record after the expiry of
the applicable period contemplated in paragraph (b), unless such
internal appeal or application with a court is lodged within that period.
[NB: Para. (c) has been substituted by s. 110 of the Protection of Personal Information Act
4 of 2013, a provision which will be put into operation by proclamation. See PENDLEX.]
(4) If the information officer of a public body decides in terms of subsection (1)
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