Freedom of Information Act, 2020 (d) state that the third party may, within ten working days of the date of the notification of the third party, make written representations to the Secretary as to why the request for access should not be granted. (4) A third party that is notified of an appeal in terms of subsection (1) may, within ten working days of the date of the notification, make written representations to the Secretary as to why the request for access should not be granted. (5) A third party that becomes aware of an appeal otherwise than in terms of subsection (1) may— (6) 38. Zimbabwe (a) make written or oral representations to the Secretary as to why the request for access should be refused; or (b) give written consent for the disclosure of the information to the applicant concerned. If the Secretary is considering an appeal against the granting of a request for access to information, he or she shall give notice of the appeal to the applicant concerned. Decision on appeal and notification thereof (1) The decision on an appeal must be made with due regard to— (a) the particulars stated in the appeal; and (b) any reasons submitted by the information officer for the decision appealed against; (c) any representations made by an applicant or a third party in terms of section 33; and (d) if a third party cannot be located, the fact that the third party did not have the opportunity to make representations as to why the appeal should be dismissed. (2) When deciding on the appeal, the Commission may confirm the decision appealed against or substitute a new decision for it. (3) The Commission shall decide the appeal— (a) as soon as reasonably possible, but in any event within thirty days of the date of the lodging of the appeal; (b) if notice is given to an applicant in terms of section 37(6), within five working days after the applicant concerned has made written representations in response thereto. (4) The Commission shall, immediately after the decision on an appeal, give notice of the decision to every interested party in the matter. (5) The notice in terms of subsection (4) shall— (a) state adequately, the reasons for the decision, including the provision of this Act relied upon; and (b) state that the applicant or the third party may appeal to the High Court against the decision on appeal within thirty days of the date of the decision and the procedure for lodging the appeal; and (d) if the Commission decides on an appeal to grant a request for access, state that access shall be granted after the expiry of thirty days of the date of the notice if no appeal is lodged against such decision within that period. [Please note: numbering as in original.] (6) If the Commission fails to give notice of the decision on an appeal to the appellant within the period contemplated in subsection (3), it shall be deemed to have determined the appeal in favour of the appellant. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 20