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

Part 2 : Access to Records of Public Bodies

Chapter 3 : Manner of Access

25. Decision on request and notice thereof

 

(1) Except if the provisions regarding third party notification and intervention contemplated in Chapter 5 of this Part apply, the information officer to whom the request is made or transferred, must, as soon as reasonably possible, but in any event within 30 days, after the request is received—
(a) decide in accordance with this Act whether to grant the request; and
(b) notify the requester of the decision and, if the requester stated, as contemplated in section 18(2)(e), that he or she wished to be informed of the decision in any other manner, inform him or her in that manner if it is reasonably possible.

[Section 25(1) substituted by section 28 of Act No. 42 of 2001]

 

(2) If the request for access is granted, the notice in terms of subsection (1)(b) must state—
(a) the access fee (if any) to be paid upon access;
(b) the form in which access will be given; and
(c) that the requester may lodge an internal appeal, a complaint to the Information Regulator or an application with a court, as the case may be, against the access fee to be paid or the form of access granted, and the procedure (including the period) for lodging the internal appeal, complaint to the Information Regulator or application, as the case may be.

[Section 25(2)(c) substituted 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]

 

(3) If the request for access is refused, the notice in terms of subsection (1)(b) must—
(a) state adequate reasons for the refusal, including the provisions of this Act relied upon;
(b) exclude, from such reasons, any reference to the content of the record; and
(c) state that the requester may lodge an internal appeal, complaint to the Information Regulator or an application with a court, as the case may be, against the refusal of the request, and the procedure (including the period) for lodging the internal appeal, complaint to the Information Regulator or application, as the case may be.

[Section 25(3)(c) substituted 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]