3.4.1.5
What are the fees for internal appeals?
A requester who makes an internal appeal is required to pay the prescribed fee, if there is
any. If the appeal fee is payable upon filing, the decision regarding the appeal may be
deferred until the fee is paid.
Can I file an application in court against the decision of a public body?
Yes. If a requester has been unsuccessful with his/her internal appeal against a public body,
or if the public body refused to accept the late lodging of an internal appeal, or if the
requester has been aggrieved in any way because of a decision made by the public body,
the requester may apply to the court for relief by filing an application within 30 days of
receiving the decision. A requester or third party may only apply to the courts after the
internal appeal process has been concluded.
3.4.2.
Legal Recourse against Private Bodies
When a requester is not satisfied by a decision made by the head of a private entity, for
example for refusing access, for imposing access fees, or for extending the time period in
which the response is due, the requester may apply to court for relief within 180 days of
receiving the decision that has caused the grievance. The decision of the private body will be
reviewed by a court and a decision will be made by the courts as to whether or not to
provide access.
Brummer v Minister for Social Development
In this matter the courts stated that the original 30 day period under PAIA in which a
requester may apply to the courts if dissatisfied with the decision of an Information Officer
was insufficient to serve the cause of justice. It was therefore held that the 30 day time
period was invalid and was to be extended to a period of 180 days. This judgment has been
South African Human Rights Commission
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