PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
(ii)
Page 19 of 70
if the public body of the information officer to whom the request is made
is in possession of the record and considers it helpful to do so to enable
the information officer of the other public body to deal with the request,
send the record or a copy of the record to that information officer.
(2) If a request for access is made to the information officer of a public body in
respect of which(a)
the record is not in the possession or under the control of the public
body of that information officer and the information officer does not
know which public body has possession or control of the record;
(b)
the record's subject matter is not closely connected to the functions of
the public body of that information officer and the information officer
does not know whether the record is more closely connected with the
functions of another public body than those of the public body of the
information officer to whom the request is made; and
(c)
the record(i)
(ii)
was created by or for another public body; or
was not so created by or for any public body, but was received
first by another public body,
the information officer to whom the request is made, must as soon as reasonably
possible, but in any event within 14 days after the request is received, transfer the
request to the information officer of the public body by or for which the record was
created or which received it first, as the case may be.
(3) Subject to subsection (4), the information officer to whom a request for
access is transferred, must give priority to that request in relation to other requests
as if it were received by him or her on the date it was received by the information
officer who transferred the request.
(4) If a request for access is transferred, any period referred to in section 25 (1)
must be computed from the date the request is received by the information officer
to whom the request is transferred.
(5) Upon the transfer of a request for access, the information officer making the
transfer must immediately notify the requester of(a)
the transfer;
(b)
the reasons for the transfer; and
(c)
the period within which the request must be dealt with.
21 Preservation of records until final decision on request
If the information officer of a public body has received a request for access to a
record of the body, that information officer must take the steps that are reasonably
necessary to preserve the record, without deleting any information contained in it,
until the information officer has notified the requester concerned of his or her
decision in terms of section 25 and(a)
the periods for lodging an internal appeal, an application with a court or
an appeal against a decision of that court have expired; or
[NB: Para. (a) has been substituted by s. 110 of the Protection of Personal Information
Act 4 of 2013, a provision which will be put into operation by proclamation. See
PENDLEX.]
(b)
that internal appeal, application or appeal against a decision of that
court or other legal proceedings in connection with the request has been
finally determined,
[NB: Para. (b) has been substituted by s. 110 of the Protection of Personal Information
Act 4 of 2013, a provision which will be put into operation by proclamation. See
PENDLEX.]
whichever is the later.
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