(2) A delegation made in terms of subsection (1) shall be in writing and may contain any
conditions or restrictions that the Commission considers appropriate.
PART X
REVIEWS BY THE COMMISSION
53 Right to request a review
(1) A person who makes a request to a head of a public body, other than the Commission,
for access to a record or for correction of personal information may request the Commission to
review any decision or act of the head of that public body that relates to that request.
(2) A third party notified of a decision to give access may request the Commission to
review any decision made by the head of the public body.
54

Procedure for seeking review

(1) For the purposes of this section, the failure by a head of a public body to respond within
the time limit to a request for access to a record shall be deemed to be a decision to refuse
access to the record.
(2) A person requesting a review in terms of this Part shall make such request, in writing,
to the Commission.
(3) A request for a review of a decision of the head of a public body in terms of subsection
(1) shall be made within thirty days from the date of the decision:
Provided that the Commission may allow a longer period upon a request made to the
Commission for the extension of the period.
55

Notice of review

The Commission shall, on receiving a request for a review, give a copy of the request to the
head of the public body and any other person that the Commission considers appropriate
56

Inquiry by Commission

(1) The Commission shall conduct an inquiry and may decide all questions of fact and law
arising in the course of the inquiry.
(2) An inquiry in terms of subsection (1) may be conducted in camera.
(3) The Commission shall give the person who requested the review, the head of the public
body concerned or any person given a copy of the request for a review or anyone who has an
interest in the matter, an opportunity to make representations during the inquiry.
(4) The Commission may decide—
(a) whether representations are to be made orally or in writing; and
(b) whether a person is entitled to be present during or to have access to or to comment on
representations made to the Commission by another person.
(5) The person who requested the review, the head of the public body concerned or any
person given a copy of the request for a review may be represented at the inquiry by a legal
practitioner.

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