Where the appeal involves information relating to a third party, the head of appeal must give notice and
allow for representations from the affected third parties in terms of Section 37 of the Bill. This notice must
be given within 10 working days of receiving the appeal from the applicant.
The Commission must make a final decision within 30 days of the lodging of the appeal21. The Commission
may confirm the decision being appealed against or substitute a new decision for it. If the appeal decision
is to grant a request for access, the notice shall state that access shall be granted after the expiry of 30 days
of the date of the notice if no appeal is lodged against such decision within that period22.
This effectively means that an appeal process can prolong access to information by a period of 60 days.
Where the appeal is against refusal to access information necessary to safeguard the life or liberty of a
person, the Commission must come up with expedited procedures for hearing and finalising such appeals.
This is in terms of Section 36(5) of the Bill.
In terms of Section 38 (6) of the Bill, if the Commission fails to give notice of the decision on an appeal to
the appellant within 30 days of receiving the appeal, it shall be deemed to have determined the appeal in
favour of the appellant.
The ZMC is tasked with the promotion of the access to information principles embodied in this law. This
responsibility includes monitoring the implementation of this law and ways in which entities can improve
their access to information regimes. Additionally, the ZMC must include statistics on information requests
in its annual reports to Parliament.

4.4 Offences under this Act

The Bill, unlike is the case with the Model Law, fails to establish any offences. Section 39 of the Bill states
that no criminal or civil liability shall attach to any person with respect to anything done or omitted to be
done in good faith and without gross negligence in the exercise or performance or purported exercise or
performance of any function in terms of this law.
On the other hand, the Model Law contains the following offences: refusal to accept a request; failure to
respond to request within stipulated time frame; vexatious denial of request; giving incorrect, incomplete

21
22

Section 38(3)(a) of the Bill
Section 38(5)(d) of the Bill

17

Select target paragraph3