Freedom of Information

PART V
Notification and Intervention of Third Parties
32

Notice to third parties

(1) An information officer of an entity considering a request for access to
information containing information of any third party which may be protected in terms
of Part IV must take all reasonable steps to notify the third party concerned in writing
of the request.

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(2) The information officer must notify a third party in terms of subsection
(1)—
(a)

as soon as reasonably possible, but in any event, within seven days of the
receipt of the request or the transfer of the request to another entity; and
(b) by the fastest means reasonably possible.
(3) When informing a third party in terms of subsection (1), the information
officer must—
(a) state that the information officer is considering a request for information
which may include information relating to the third party and describe
the content of the information; and
(b) furnish the name of the applicant; and
(c) describe the protection granted in terms of this Act with respect to the
information concerned; and
(d) state that the third party may, within seven days of the date of the
notification—
(i) make written representations to the information officer why the
request for access should be refused; or
(ii) give written consent for the disclosure of the information to the
applicant.
33

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20

25

Representations or consent by third party

(1) A third party notified in terms of section 32(1) of a request for access may,
within seven days of the date of the notification—
(a) make written representations to the information officer concerned stating
why the request should be refused; or
(b) give written consent for the disclosure of the information to the applicant
concerned.
(2) A third party that becomes aware of a request for access otherwise than in
terms of section 32(1) may—
(a) make written representations to the information officer concerned why
the request should be refused; or
(b) give written consent for the disclosure of the information concerned.
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30

35

Decision on representations for refusal and notice thereof

(1) An information officer shall, as soon as reasonably possible, but in any event
within seven days of any third party being notified as provided for in section 32—
(a) make a decision, after giving due regard to any representations made by
a third party in terms of section 33, whether or not to grant the request
for access; and
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Select target paragraph3