PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 40 of 70
it is reasonably possible.
[Sub-s. (1) amended by s. 39 (a) of Act 42 of 2001 (wef 7 December 2001).]
(2) If the request for access is granted, the notice in terms of subsection (1) (b)
must state(a)
the access fee (if any) to be paid upon access;
(b)
the form in which access will be given; and
(c)
that the requester may lodge an application with a court against the
access fee to be paid or the form of access granted, and the procedure,
including the period allowed, for lodging the application.
[Para. (c) substituted by s. 39 (b) of Act 42 of 2001 (wef 7 December 2001).]
[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.]
(3) If the request for access is refused, the notice in terms of subsection (1) (b)
must(a)
state adequate reasons for the refusal, including the provisions of this
Act relied on;
(b)
exclude, from any such reasons, any reference to the content of the
record; and
(c)
state that the requester may lodge an application with a court against
the refusal of the request, and the procedure (including the period) for
lodging the application.
[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.]
57 Extension of period to deal with request
(1) The head of a private body to whom a request for access has been made,
may extend the period of 30 days referred to in section 56 (1) (in this section
referred to as the 'original period') once for a further period of not more than 30
days, if(a)
the request is for a large number of records or requires a search through
a large number of records and compliance with the original period would
unreasonably interfere with the activities of the private body concerned;
(b)
the request requires a search for records in, or collection thereof from,
an office of the private body not situated in the same town or city as the
office of the head that cannot reasonably be completed within the
original period;
(c)
consultation among divisions of the private body or with another private
body is necessary or desirable to decide upon the request that cannot
reasonably be completed within the original period;
(d)
more than one of the circumstances contemplated in paragraphs (a), (b)
and (c) exist in respect of the request making compliance with the
original period not reasonably possible; or
(e)
the requester consents in writing to such extension.
(2) If a period is extended in terms of subsection (1), the head of the private
body must, as soon as reasonably possible, but in any event within 30 days, after
the request is received, notify the requester of that extension, the period of the
extension and the reasons for the extension.
(3) The notice in terms of subsection (2) must state(a)
the period of the extension;
(b)
adequate reasons for the extension, including the provisions of this Act
relied upon; and
(c)
that the requester may lodge an application with a court against the
extension, and the procedure (including the period) for lodging the
application.
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