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

Notices

Promotion of Access to Information (PAIA) Manual

10. Refused Access and Appeals

10.4 Remedies if Request for Access is Refused

 

10.4.1 INTERNAL APPEAL

 

A requester aggrieved by a decision of the DIO to refuse a request for access to information may lodge an internal appeal with the Minister of Human Settlements against the said decision.

 

10.4.2 LODGING INTERNAL APPEAL

 

An internal appeal:

 

• Must be lodged within 60 days after the requester is informed of the decision taken on the request.
• Must be completed on the prescribed internal appeal form contained in Annexure C of this manual, which is also available on the DHS website [www.dhs.gov.za], or from any office of the DHS, upon request.
• Must be completed in full on the prescribed internal appeal form indicating the decision against which the internal appeal is lodged.
• Must be signed in the space provided on the internal appeal form.
• Must be submitted to the DIO through the contact details or address provided in this manual.

 

10.4.3 REFERRAL OF INTERNAL APPEAL TO RELEVANT AUTHORITY

 

• The DIO must, within 10 working days of receipt of an internal appeal, refer the internal appeal, together with reasons for his or her decision regarding the request, to the relevant authority.
• The relevant authority must consider and decide on the internal appeal within 30 days after the notice of internal appeal is received.
• The decision of the relevant authority must confirm or set aside the decision of the DIO or, where applicable, substitute a new decision for it.