Section 78 | Applications RE decisions of relevant authorities or Regulator

  1. A requester or third party may only apply to a court for appropriate relief in terms of section 82 in the following circumstances:
    1. After that requester or third party has exhausted the internal appeal procedure referred to in section 74; or
    2. after that requester or third party has exhausted the complaints procedure referred to in section 77A.
  2. A requester—
    1. that has been unsuccessful in an internal appeal to the relevant authority of a public body;
    2. aggrieved by a decision of the relevant authority of a public body to disallow the late lodging of an internal appeal in terms of section 75(2);
    3. aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of ‘public body’ in section 1—
      1. to refuse a request for access; or
      2. taken in terms of section 22, 26(1) or 29(3);
    4. aggrieved by a decision of the head of a private body—
      1. to refuse a request for access; or
      2. taken in terms of section 54, 57(1) or 60; or
    5. that is aggrieved by any decision of the Information Regulator, may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82.
  3. A third party—
    1. that has been unsuccessful in an internal appeal to the relevant authority of a public body;
    2. aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of ‘public body’ in section 1 to grant a request for access;
    3. aggrieved by a decision of the head of a private body in relation to a request for access to a record of that body; or
    4. that is aggrieved by any decision of the Information Regulator,
      may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82.
  4. An information officer or relevant authority of a public body or the head of a private body, as the case may be, aggrieved by a decision of the Information Regulator in terms of section 77E(2)(b) or (c) may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82.
    [Section 78 amended by section 28 of Act 42 of 2013]
    [Section 78 substituted by section 110 (Schedule) of Act 4 of 2013]

[Full name of section 78: Applications RE decisions of information officers or relevant authorities of public bodies or heads of private bodies or Regulator]