PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 47 of 70
Act 4 of 2013, a provision which will be put into operation by proclamation. See
PENDLEX.]
PART 4
APPEALS AGAINST DECISIONS (ss 74-82)
CHAPTER 1
INTERNAL APPEALS AGAINST DECISIONS OF INFORMATION OFFICERS OF
CERTAIN PUBLIC BODIES (ss 74-77)
74 Right of internal appeal to relevant authority
(1) A requester may lodge an internal appeal against a decision of the
information officer of a public body referred to in paragraph (a) of the definition of
'public body' in section 1(a)
to refuse a request for access; or
(b)
taken in terms of section 22, 26 (1) or 29 (3),
in relation to that requester with the relevant authority.
(2) A third party may lodge an internal appeal against a decision of the
information officer of a public body referred to in paragraph (a) of the definition of
'public body' in section 1 to grant a request for access.
75 Manner of internal appeal, and appeal fees
(1) An internal appeal(a)
must be lodged in the prescribed form(i)
(ii)
within 60 days;
if notice to a third party is required by section 49 (1) (b), within
30 days after notice is given to the appellant of the decision
appealed against or, if notice to the appellant is not required,
after the decision was taken;
(b)
must be delivered or sent to the information officer of the public body
concerned at his or her address, fax number or electronic mail address;
(c)
must identify the subject of the internal appeal and state the reasons for
the internal appeal and may include any other relevant information
known to the appellant;
(d)
if, in addition to a written reply, the appellant wishes to be informed of
the decision on the internal appeal in any other manner, must state that
manner and provide the necessary particulars to be so informed;
(e)
if applicable, must be accompanied by the prescribed appeal fee referred
to in subsection (3); and
(f)
must specify a postal address or fax number.
(2) (a) If an internal appeal is lodged after the expiry of the period referred to in
subsection (1) (a), the relevant authority must, upon good cause shown, allow the
late lodging of the internal appeal.
(b) If that relevant authority disallows the late lodging of the internal appeal,
he or she must give notice of that decision to the person that lodged the internal
appeal.
(3) (a) A requester lodging an internal appeal against the refusal of his or her
request for access must pay the prescribed appeal fee (if any).
(b) If the prescribed appeal fee is payable in respect of an internal appeal, the
decision on the internal appeal may be deferred until the fee is paid.
(4) As soon as reasonably possible, but in any event within 10 working days
after receipt of an internal appeal in accordance with subsection (1), the
information officer of the public body concerned must submit to the relevant
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