Tag: Proceedings

Section 77E | Pre-investigation proceedings of Regulator

Before proceeding to investigate any matter in terms of this Chapter, the Information Regulator must, in the prescribed manner, inform – 

(a) the complainant of the Information Regulator’s intention to conduct the investigation; and 

(b) the information officer of the public body or the head of the private body, as the case may be, to whom the complaint relates of the – 

(i) details of the complaint; and 

(ii) right of the information officer or the head to submit to the Information Regulator, within a reasonable period, a written response in relation to the complaint. 

Section 81 | Proceedings are civil

  1. For the purposes of this Chapter proceedings on application in terms of section 78 are civil proceedings.
  2. The rules of evidence applicable in civil proceedings apply to proceedings on application in terms of section 78.
  3. The burden of establishing that –
    1. the refusal of a request for access; or
    2. any decision taken in terms of section 22, 26(1), 29(3), 54, 57(1) or 60, complies with the provisions of this Act rests on the party claiming that it so complies.