| a) |
Any former member who applies for the disclosure of classified information in terms of the Act must do so according to form 1 contained in Appendix A. |
| b) |
The application must inter alia contain — |
| i) |
details of the classified information which form the subject of the application; |
| ii) |
the reasons for disclosure of the information; |
| iii) |
the purpose for which the information will be used: |
| iv) |
details of any person who may receive the information; |
| v) |
the manner in which the information will be disclosed. |
| c) |
If the Director-General or CEO, as the case may be, is of the opinion that he or she has been provided with insufficient information in the application, he or she may — |
| i) |
reject the application; or |
| ii) |
request further written information. |
| a) |
The Director-General or CEO, as the case may be, may, at his or her discretion, request the former member to appear at a hearing for the purpose of considering the application. |
| b) |
The Director-General or CEO, as the case may be, must determine the date for and place of the hearing. |
| c) |
The former member may attend the hearing, but at his or her own expense. |
| d) |
If the former member refuses or fails to attend a hearing when he or she was requested by the Director-General or CEO, as the case may be, to do so according to regulation 3(2)(a), the respective Director-General or CEO may make his or her decision on the information available. |
| 3) |
Decision and record of hearing |
| a) |
The Director-General or CEO, as the case may be, must make a decision within a period not exceeding 30 consecutive days upon receiving the application. |
| b) |
The Director-General or CEO, as the case may be, must inform the former member of his or her decision, in writing, within a period of twenty (20) consecutive days after reaching a decision. |
| c) |
The decision of the Director-General or CEO, as the case may be, accompanied by a record of the hearing must be provided to the former member who applied. |
This notification must include —
| i) |
the name and address of the former member; |
| ii) |
a brief description of the application; |
| iii) |
if the application is approved, the conditions upon which the consent is provided, which must include— |
| aa) |
the manner of disclosure; |
| ab) |
the information that may be disclosed; |
| ac) |
to whom the information may be disclosed. |
| iv) |
the date of the decision; |
| v) |
if the application is unsuccessful, the reason(s) for the Director-General’s or CEO’s, as the case may be, decision; |
| vi) |
the right of the former member to appeal against the Director-General’s or CEO’s, as the case may be, decision and/or the conditions to the Minister. |
| d) |
The Director-General or CEO, as the case may be, must keep record of all applications made to him or her as well as of decisions made by him or her. |
Older Persons Act, 2006
