Tag: Application decision

(1) The Information Regulator, after investigating a complaint received in terms of section 77A, may decide to take no action or, as the case may be, require no further action in respect of the complaint if, in the Information Regulator’s opinion – 

(a) the complaint has not been submitted within the period referred to in section 77A(2) and there are no reasonable grounds to condone the late submission; 

(b) the complaint is frivolous or vexatious or is not made in good faith; or 

(c) it appears to the Information Regulator that, having regard to all the circumstances of the case, any further action is unnecessary or inappropriate. 

(2) In any case where the Information Regulator decides to take no action, or no further action, on a complaint, the Information Regulator must inform the complainant of that decision and the reasons for it. 

The court hearing an application may grant any order that is just and equitable, including orders –

a) confirming, amending or setting aside the decision which is the subject of the application concerned;

b) requiring from the information officer or relevant authority of a public body or the head of a private body to take such action or to refrain from taking such action as the court considers necessary within a period mentioned in the order;

c) granting an interdict, interim or specific relief, a declaratory order or compensation;

d) as to costs; or

e) condoning non-compliance with the 180 day period within which to bring an application, where the interests of justice so require.