| (1) | An application contemplated in section 78 of the Act must be— |
| (a) | brought in accordance with, and be governed by— |
| (i) | rule 6 of the High Court Rules, when brought in the High Court; or |
| (ii) | rule 55 of the Magistrates' Courts Rules, when brought in a Magistrate's Court; and |
| (i) | the information officer of public body; or |
| (ii) | the head of a private body, as the case may be, |
and on the requester and any known third parties, where applicable.
| (2) | The affidavit in support of an application contemplated in section 78 must state whether the internal appeal procedure contemplated in section 74 of the Act is applicable. |
| (3) | If the internal appeal procedure contemplated in section 74 of the Act is applicable, the affidavit must— |
| (a) | state whether such internal appeal procedure has been exhausted; and |
| (b) | provide particulars of the manner in which and date upon which the internal appeal procedure was exhausted and, if not, the reasons for failing to exhaust such procedure. |
| (4) | Upon receipt of the application the information officer of public body or head of a private body must provide a copy of the application, under cover of a written notice, to all other parties affected by the application who have not been cited therein. |
