PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 50 of 70
after notice is given, and the procedure for lodging the application; and
(d)
if the relevant authority decides on internal appeal to grant a request for
access and notice to a third party(i)
(ii)
is not required by subsection (4) (a) (ii), that access to the
record will forthwith be given; or
is so required, that access to the record will be given after the
expiry of the applicable period for lodging an application with a
court against the decision on internal appeal referred to in
paragraph (c), unless that application is lodged before the end
of that applicable period.
(6) If the relevant authority decides on internal appeal to grant a request for
access and notice to a third party(a)
is not required by subsection (4) (a) (ii), the information officer of the
body must forthwith give the requester concerned access to the record
concerned; or
(b)
is so required, the information officer must, after the expiry of 30 days
after the notice is given to every third party concerned, give the
requester access to the record concerned, unless an application with a
court is lodged against the decision on internal appeal before the end of
the period contemplated in subsection (5) (c) (ii) for lodging that
application.
(7) If the relevant authority fails to give notice of the decision on an internal
appeal to the appellant within the period contemplated in subsection (3), that
authority is, for the purposes of this Act, regarded as having dismissed the internal
appeal.
[NB: A Chapter 1A (ss. 77A-77K) has been inserted 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.]
CHAPTER 2
APPLICATIONS TO COURT (ss 78-82)
78 Applications regarding decisions of information officers or relevant
authorities of public bodies or heads of private bodies
(1) A requester or third party referred to in section 74 may only apply to a court
for appropriate relief in terms of section 82 after that requester or third party has
exhausted the internal appeal procedure against a decision of the information
officer of a public body provided for in section 74.
(2) A requester(a)
that has been unsuccessful in an internal appeal to the relevant
authority of a public body;
(b)
aggrieved by a decision of the relevant authority of a public body to
disallow the late lodging of an internal appeal in terms of section 75 (2);
(c)
aggrieved by a decision of the information officer of a public body
referred to in paragraph (b) of the definition of 'public body' in section
1(i)
(ii)
(d)
to refuse a request for access; or
taken in terms of section 22, 26 (1) or 29 (3); or
aggrieved by a decision of the head of a private body(i)
(ii)
to refuse a request for access; or
taken in terms of section 54, 57 (1) or 60,
may, by way of an application, within 180 days apply to a court for appropriate
relief in terms of section 82.
[Sub-s. (2) amended by s. 28 (a) of Act 42 of 2013 (wef 22 January 2014).]
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