3.4.1
Legal Recourse against Public Bodies
When a requester is unhappy with a decision made by the Information Officer of a public
body, the requester has the right to file an internal appeal. An internal appeal involves a
more senior person reviewing the decision of the Information Officer and deciding whether
he/she made the correct decision. If the senior person approves of the Information Officer’s
decision, then the internal appeal is denied and the original decision regarding the PAIA
request is confirmed. If the senior person does not approve of the Information Officer’s
decision, then the appeal is granted and the original decision regarding the PAIA request is
overturned.
It is important to note that you can only submit an internal appeal to national, provincial
and municipal government departments. No internal appeal procedure is available for other
public bodies.
The City of Cape Town is an example of a municipal government against which an
internal appeal can be submitted. The Road Accident Fund is an example of a public
body which is not part of national, provincial or local government, as it is set up by
legislation (the Road Accident Fund Act), and therefore an internal appeal cannot be
lodged against them.
3.4.1.1.
Who may lodge an internal appeal?
A requester who makes a PAIA request to a national, provincial or municipal public body
and is refused access has the right to file an internal appeal. This is done by completing a
PAIA Form B and filing it with the national, provincial or municipal public body. A copy of
South African Human Rights Commission
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