Appeals

Can you appeal against the decisions of Information Officers?

+

YES. You can.

(a)  If the Information Officer refuses a request for information;

(b) If the Information Officer refuses to disclose information citing an exception to the requirement to disclose information under the Act;

(c)  If Information Officers do not follow time frames;

(d) If Information Officers provide incomplete, misleading or false information;

(e)  If Information Officers charge excessive fees;

(f)  If Information Officers refuse to provide information in the form information is requested;

(g)  Where you reasonably believe that the requested information has been deformed, destroyed or misplaced;

you can submit an appeal to the Designated Officer within fourteen days (14) of your request for information being refused, or the act being committed or becoming aware of the grounds on which the appeal is being made. Even if you exceed 14 days, the Designated Officer can accept your appeal if you could prove that the reasons for the delay were beyond your control.

What is the procedure for appeals against the decisions of Information Officers?

+

Once an appeal is made the Designated Officer will issue a receipt to you within three (03) working days informing you of accepting the appeal. The Designated Officer must make a decision on the appeal with specific reasons and grounds for the decision within three (03) weeks. The Designated Officer has the right to accept an appeal and make a decision on it, even when you are delayed in making your application, if you provide acceptable reasons for the delay.

Can you appeal against the decision of the Designated Officer?

+

YES. You can appeal against the decision of a Designated Officer to the Commission in two instances;

(a) If you are not satisfied with the decision of the Designated Officer made in the case of an appeal against an Information Officer; or

(b) If the Designated Officer fails to provide a decision on an appeal against an Information Officer within three (03) weeks.

How soon should appeals be made?

+

• The appeal must be made within two (02) months of the decision being communicated in (a) or the failure to make a decision in (b).

• The Commission is required to give its decision within thirty (30) days.

• The Commission can accept an appeal out of time if you were delayed due to a reason beyond your control.

What is the procedure for Appeals to the Commission?

+

The Commission will formulate and publicize the procedure to submit appeals to it within six (06) months of establishing the Commission.

Should the Commission give reasons for its decisions?

+

The Commission is mandatorily required to provide reasons for its decisions in writing. These reasons will be communicated to the appellant, the Information Officer and the relevant Public Authority.

Is there a procedure for you to appeal against the decisions of the Commission made in terms of Section 32?

+

YES. If you or the Public Authority are dissatisfied with the decision of the Commission, you/he/she/it could appeal against the said decision to the Court of Appeal within fourteen (14) days of the Commission informing the parties of its decision.

Who should prove the facts (burden of proof)?

+

On appeal, the burden of proof is on the Public Authority to show that it has complied with the stipulations in the Act.

Can you get another person to make an appeal on your behalf?

+

YES. If you are unable to make an appeal for any reason, another person to whom you have given written authority, can appeal on your behalf.

Appeals Process

+

Appeals Process copy