(5) An inquiry into a matter under review shall be completed within ninety days from the
date of receiving the request for the review.
57

Onus of proof

(1) At an inquiry into a decision to refuse an applicant access to all or part of a record, the
head of the public body shall bear the onus of proving that the applicant has no right of access to
the record or part thereof.
(2) If the record or that part that the applicant is refused access to contains personal
information about a third party, the applicant shall bear the onus of proving that disclosure of
the information would not be an unreasonable invasion of the third party’s personal privacy.
(3) At an inquiry into a decision to give an applicant access to all or part of a record
containing information that relates to a third party, the third party shall bear the onus of proving
that the applicant has no right of access to the record or part thereof.
58

Commission’s orders
(1) The Commission shall make an order as to its findings on completing an inquiry.

(2) If the inquiry relates to a decision of the head of a public body to give or to refuse to
give access to all or part of a record, the Commission shall, by order, do any of the following–
(a) require the head to give the applicant access to all or part of the record;
(b) either confirm the decision of the head or require the head to reconsider the decision;
(c) require the head to refuse access to all or part of the record.
(3) If the inquiry relates to any other matter, the Commission may, by order, do any of the
following—
(a) require that a duty imposed by this Act or regulations made under it be performed;
(b) confirm or reduce the extension of a time limit;
(c) confirm, exempt or reduce a fee, or order a refund, in the appropriate circumstances,
including if a time limit is not met;
(d) confirm a decision not to correct personal information or specify how personal
information is to be corrected;
(e) require a public body to stop collecting, using or disclosing personal information in
contravention of this Act;
(f) require the head of a public body to destroy personal information collected in
contravention of this Act.
(4) The Commission may specify any terms or conditions in an order made in terms of this
section.
(5) The Commission shall give a copy of an order made in terms of this section to the
following persons—
(a) the person who requested the review;
(b) the head of the public body concerned;
(c) the Minister;
(d) any other interested party.

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Select target paragraph3