Freedom of Information Act, 2020
36.
Procedure on appeal
(1)
(2)
37.
Zimbabwe
An appeal shall—
(a)
be lodged in the prescribed form and within thirty days of the date of notification of the
decision appealed against; and
(b)
be delivered or sent to the Commission; and
(c)
identify the subject of the appeal and state the reasons for the appeal and may include any
other relevant information known to the appellant; and
(d)
if, in addition to a written response, the appellant wishes to be informed of the decision on
the appeal in any other manner, provide the necessary details to that effect; and
(e)
if applicable, be accompanied by the prescribed fee referred to in subsection (3); and
(f)
specify the appellant’s address and phone number.
If—
(a)
an appeal is lodged after the expiry of the period referred to in subsection (1), the Secretary
of the Commission may, on good cause shown, allow the late lodging of the appeal; or
(b)
the Secretary of the Commission disallows the late lodging of the appeal, the Secretary shall
give notice of that decision to the appellant.
(3)
An appeal against the refusal of a request for access to information shall be accompanied by the
prescribed fee, if any and if a fee is payable, the decision on the appeal may be deferred until such
fee is paid.
(4)
As soon as reasonably possible, but in any event within ten working days of the date of the lodging
of an appeal, an information officer shall submit to the Secretary of the Commission the application
for access to information together with the officer’s reasons for refusing access.
(5)
The Commission shall prescribe expedited procedures for the hearing of appeals made in the
circumstances referred to in section 8(10).
Notice to and representations by third parties
(1)
If the Secretary is considering an appeal against the refusal of a request for access to information
which affects any third party, the Secretary shall notify any such third party concerned of the appeal
unless all necessary steps to locate the third party have been unsuccessful.
(2)
The Secretary shall notify a third party in terms of subsection (1)—
(3)
(a)
as soon as reasonably possible, but in any event within ten working days of the date of the
lodging of the appeal; and
(b)
by the fastest means reasonably possible.
When notifying a third party in terms of this section, the Secretary shall—
(a)
state that he or she is considering an appeal against the refusal of a request for access to
information which affects the third party, describe the content of the record and nature of
the information and the provisions of this Act relevant to the information concerned; and
(b)
furnish the name of the appellant; and
(c)
in any case where the principal officer of an entity believes that the provisions of section 32
may apply, describe those provisions and state the reasons why he or she is of the opinion
that the section may apply; and
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