PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 22 of 70
25 Decision on request and notice thereof
(1) Except if the provisions regarding third party notification and intervention
contemplated in Chapter 5 of this Part apply, the information officer to whom the
request is made or transferred, must, as soon as reasonably possible, but in any
event within 30 days, after the request is received(a)
decide in accordance with this Act whether to grant the request; and
(b)
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.
[Sub-s. (1) amended by s. 28 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 internal appeal or an application with a
court, as the case may be, against the access fee to be paid or the form
of access granted, and the procedure (including the period) for lodging
the internal appeal or application, as the case may be.
[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 upon;
(b)
exclude, from such reasons, any reference to the content of the record;
and
(c)
state that the requester may lodge an internal appeal or an application
with a court, as the case may be, against the refusal of the request, and
the procedure (including the period) for lodging the internal appeal or
application, as the case may be.
[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.]
26 Extension of period to deal with request
(1) The information officer to whom a request for access has been made or
transferred, may extend the period of 30 days referred to in section 25 (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 public body concerned;
(b)
the request requires a search for records in, or collection thereof from,
an office of the public body not situated in the same town or city as the
office of the information officer that cannot reasonably be completed
within the original period;
(c)
consultation among divisions of the public body or with another public
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 information officer
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