Promotion of Access to Information Act, 2000/2014-01-22

&#x200b; as amended by

Financial Intelligence Centre Act, No. 38 of 2001

Judicial Matters Amendment Act, No. 42 of 2001

Promotion of Access to Information Amendment Act, No. 54 of 2002

Judicial Matters Second Amendment Act, No. 55 of 2003

Judicial Matters Amendment Act, No. 66 of 2008

Judicial Matters Amendment Act, No. 42 of 2013

Decision on internal appeal and notice thereof

77. (1) The decision on an internal appeal must be made with due regard to—

the particulars stated in the internal appeal in terms of section 75(1)(c);

any reasons submitted by the information officer in terms of section 75(4)(a);

any representations made in terms of section 76(5), (6) or (9); and

if a third party cannot be located as contemplated in section 76(1), the fact that the third party did not have the opportunity to make representations in terms of section 76(5) why the internal appeal should be dismissed.

(2) When deciding on the internal appeal the relevant authority may confirm the decision appealed against or substitute a new decision for it.

(3) The relevant authority must decide on the internal appeal—

as soon as reasonably possible, but in any event within 30 days after the internal appeal is received by the information officer of the body;

if a third party is informed in terms of section 76(1), as soon as reasonably possible, but in any event within 30 days; or

if notice is given in terms of section 76(7)—

within five working days after the requester concerned has made written representations in terms of section 76(9); or

in any other case within 30 days after notice is so given.

(4) The relevant authority must, immediately after the decision on an internal appeal—

give notice of the decision to—

the appellant;

every third party informed as required by section 76(1); and

the requester notified as required by section 76(7); and

if reasonably possible, inform the appellant about the decision in any other manner stated in terms of section 75(1)(d).

(5) The notice in terms of subsection (4)(a) must—

state adequate reasons for the decision, including the provision of this Act relied upon;

exclude, from such reasons, any reference to the content of the record;

state that the appellant, third party or requester, as the case may be, may lodge an application with a court against the decision on internal appeal—

within 180 days; or

if notice to a third party is required by subsection (4)(a)(ii), within 180 days,

after notice is given, and the procedure for lodging the application; and

if the relevant authority decides on internal appeal to grant a request for access and notice to a third party—

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—

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

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.

Applications regarding decisions of information officers or relevant authorities of public bodies or heads of private bodies

78. (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—

that has been unsuccessful in an internal appeal to the relevant authority of a public body;

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);

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—

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—

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.

(3) A third party—

that has been unsuccessful in an internal appeal to the relevant authority of a public body;

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 to grant a request for access; or

aggrieved by a decision of the head of a private body in relation to a request for access to a record of that body,

may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82.

Decision on application

82. The court hearing an application may grant any order that is just and equitable, including orders—

confirming, amending or setting aside the decision which is the subject of the application concerned;

requiring from the information officer or relevant authority of a public body or the head of a private body to take such action or to refrain from taking such action as the court considers necessary within a period mentioned in the order;

granting an interdict, interim or specific relief, a declaratory order or compensation;

as to costs; or

condoning non-compliance with the 180 day period within which to bring an application, where the interests of justice so require.