- A requester or third party may only apply to a court for appropriate relief in terms of section 82 in the following circumstances:
- A requester—
- that has been unsuccessful in an internal appeal to the relevant authority of a public body;
- 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);
- 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—
- aggrieved by a decision of the head of a private body—
- 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.
- A third party—
- that has been unsuccessful in an internal appeal to the relevant authority of a public body;
- 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;
- 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
- 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.
- 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]