Freedom of Information Act, 2020
33.
Representations or consent by third parties
(1)
(2)
34.
Zimbabwe
A third party notified in terms of section 32(1) of a request for access may, within seven days of the
date of the notification—
(a)
make written representations to the information officer concerned stating why the request
should be refused; or
(b)
give written consent for the disclosure of the information to the applicant concerned.
A third party that becomes aware of a request for access otherwise than in terms of section 32(1)
may—
(a)
make written representations to the information officer concerned why the request should be
refused; or
(b)
give written consent for the disclosure of the information concerned.
Decision on representations for refusal and notice thereof
(1)
An information officer shall, as soon as reasonably possible, but in any event within seven days of
any third party being notified as provided for in section 32—
(a)
make a decision, after giving due regard to any representations made by a third party in
terms of section 33, whether or not to grant the request for access; and
(b)
notify the third party concerned of the decision.
(2)
If, after all reasonable steps have been taken as required by section 32(1), a third party is not
notified or is not aware of a request, any decision whether or not 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 as to why the request should be refused.
(3)
If a request for access is granted, the notification in terms of subsection (1)(b) must state—
(4)
(a)
adequate reasons for the grant of the request, including the provisions of this Act relied
upon; and
(b)
that the third party may lodge an appeal in terms of Part VI or an application to court against
the decision within seven days of the date of notification of the decision, and the procedure
for lodging the appeal; and
(c)
that the applicant will be given access to the record after the expiry of the period referred to
in paragraph (b) unless an appeal or application is lodged within that period.
If an information officer decides to grant a request for access, the information officer shall give
the applicant access to the information concerned after the expiry of seven days of the date of the
notice referred to in subsection (1)(b) unless an appeal or an application to court is lodged against
the decision within that period.
Part VI – Appeals to Commission
35.
Right to appeal
(1)
An applicant may lodge an appeal to the Commission against any decision of an information officer
in terms of this Act.
(2)
A third party may lodge an appeal to the Commission against a decision of the information officer
to grant a request for access to information concerning that third party’s information.
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