Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)

Part 4 : Internal Appeals against Decisions

Chapter 1A : Complaints to Regulator

77A. Complaints

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(1)A requester or third party referred to in section 74 may only submit a complaint to the Information Regulator in terms of this section 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)to refuse a request for access; or
(ii)taken in terms of section 22, 26(1) or 29(3); or
(d)aggrieved by a decision of the head of a private body—
(i)to refuse a request for access; or
(ii)taken in terms of section 54, 57(1) or 60,

may within 180 days of the decision, submit a complaint, alleging that the decision was not in compliance with this Act, to the Information Regulator in the prescribed manner and form for appropriate relief.

 

(3)A third party—
(a)that has been unsuccessful in an internal appeal to the relevant authority of a public body;
(b)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
(c)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 within 180 days of the decision, submit a complaint, alleging that the decision was not in compliance with this Act, to the Information Regulator in the prescribed manner and form for appropriate relief.

 

[Section 77A inserted by the Schedule: Laws Amended by Section 10, Protection of Personal Information Act 2013 (Act No. 4 of 2013), Notice No. 912, dated 26 November 2013]