PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 66 of 70
77E Pre-investigation proceedings of Regulator
Before proceeding to investigate any matter in terms of this Chapter, the
Information Regulator must, in the prescribed manner, inform(a)
the complainant of the Information Regulator's intention to conduct the
investigation; and
(b)
the information officer of the public body or the head of the private
body, as the case may be, to whom the complaint relates of the(i)
(ii)
details of the complaint; and
right of the information officer or the head to submit to the
Information Regulator, within a reasonable period, a written
response in relation to the complaint.
77F Settlement of complaints
If it appears from a complaint, or any written response made in relation to a
complaint under section 77E (b) (ii), that it may be possible to secure a settlement
between the parties concerned, the Information Regulator may, without
investigating the complaint or, as the case may be, investigating the complaint
further, in the prescribed manner, use its best endeavours to secure such a
settlement.
77G Investigation proceedings of Regulator
(1) For the purposes of the investigation of a complaint the Information
Regulator has powers similar to those of the High Court in terms of section 80
relating to the disclosure of records to it and non-disclosure of records by it.
(2) Section 81 of the Protection of Personal Information Act, 2013, applies to the
investigation of complaints in terms of this Chapter.
77H Assessment
(1) The Information Regulator, on its own initiative, or at the request by or on
behalf of an information officer or head of a private body or any other person may
make an assessment in the manner prescribed of whether a public or private body
generally complies with the provisions of this Act insofar as its policies and
implementation procedures are concerned.
(2) The Information Regulator must make the assessment if it appears to be
appropriate, unless, where the assessment is made on request, the Information
Regulator has not been supplied with such information as it may reasonably require
in order to(a)
satisfy itself as to the identity of the person making the request; and
(b)
enable it to identify the private or public body concerned.
(3) The matters to which the Information Regulator may have regard in
determining whether it is appropriate to make an assessment include(a)
the extent to which the request appears to it to raise a matter of
substance;
(b)
determining that the request is not frivolous or vexatious; and
(c)
whether or not the person making the request is entitled to make an
application in terms of this Act in respect of the information in question.
(4) If the Information Regulator has received a request under this section it
must notify the person referred to in subsection (1)(a)
whether it has made an assessment as a result of the request; and
(b)
of any view formed or action taken as a result of the request.
77I Information Notice
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