CHAPTER 3 THIRD PARTY INTERVENTION Notice to third parties 44. (1) Where the information officer of a governmental body intends to grant a request for access to a record that the information officer believes or has reason to believe might contain information requiring the request to be refused in terms of section 28(1) or 30(1), the information officer shall - (i) within 30 days; or (ii) in the case where an urgency application has been granted under section 18, within [seven] five days, after the request is received or transferred, give notice to the third party concerned of the request, if the third party can, with a reasonable search, be located. (1A) If a third party contemplated in subsection (1) cannot be located or located within the period referred to in that subsection, any decision as to whether or not to grant the request concerned, shall be made with due regard to the fact that the third party did not have the opportunity to make representations under section 45 why the request should be refused. (2) The notice given in terms of subsection (1) shall - (a) state that the information officer of the governmental body intends to grant a request for access to a record containing the information contemplated in subsection (1) and describe that information; (b) in the case of a record contemplated in - (i) section 28(1), describe the provisions of section 28; or (ii) section 30(1), describe the provisions of section 30; (c) in any case where the information officer [intends to apply] believes that the provisions of - (i) section 42(1) might apply, describe those provisions, specify which of the circumstances referred to in paragraph (a)(i) to (iv) of section 42(1) in the opinion of the information officer might apply and state the reasons why he or she is of the opinion that section 42(1) might [applies] apply; or (ii) section 42(2) might apply, describe those provisions and state the reasons why the information officer is of the opinion that those provisions might apply; and (d) inform the third party that he or she may - (i) within 21 days; or (ii) in the case where an urgency application has been granted under section 18, within [10] five days, after notice is given, make written or oral representations to the information officer why the request should be refused. Representations by third parties 45. A third party to whom notice has been given, or should have been given, in terms of section 44, may - (a) within 21 days; or (b) in the case where an urgency application has been granted under section 18, within [10] five days, after notice has been so given or after the third party discovers that notice should have been so given, as the case may be, make written or oral representations to the information officer of the governmental body concerned why the request for access to the record in question should be refused. Decision on representations for refusal 46. (1) The information officer shall - (a) within 30 days; or (b) in the case where an urgency application has been granted under section 18, within [14] 10 days, after notice is given to a third party in terms of section 44(1) - (i) after giving due regard to any representations made by a third party under section 45, decide whether or not to grant the request for access to the record in question; and (ii) give notice to the third party of the decision. (2) The notice given in terms of subsection (1) shall, if the request concerned is granted [state] - (a) state that the third party may lodge an internal appeal with the head of the governmental body within 30 days after notice is given, or a complaint with the Public Protector, against the decision, and describe the procedure for lodging such an internal appeal and a complaint; and (b) state that the requester will be given access to the record unless, within 30 days after notice is given, an internal appeal with the head of the governmental body is lodged against the decision. (3) Where the information officer of a governmental body, pursuant to subsection (1), decides to grant a request for access to a record, the information officer shall, after the expiry of 30 days after notice is given in terms of that subsection, give the requester access to the record, unless before the end of that period an internal appeal with the head of the body is lodged against the decision. Notice to third party of decision of head of governmental body on internal appeal 47. (1) Where the head of a governmental body decides on an internal appeal to grant a request for access to a record, the head of the governmental body shall give notice of that decision to every third party whom the head of the body has notified or should have notified in terms of section 86(1). (2) A notice given in terms of subsection (1) shall [state that] - (a) state that a third party referred to in subsection (1) may lodge a complaint with the Public Protector, or, within 30 days after the notice is given, appeal to an Information Court, against the decision on internal appeal, and describe the procedure for lodging such a complaint and an appeal; and (b) state that the requester will be given access to the record unless, within 30 days after notice is given, an appeal with an Information Court is lodged. Notice to third party of decision pursuant to Public Protector's recommendation 48. (1) Where the information officer or head of the governmental body, on the recommendation of the Public Protector made pursuant to section 95, decides to grant a request for access to a record, the information officer or head (as the case may be) shall give notice of the decision to - (a) the requester; and (b) a third party whom - (i) in the case of a decision by the information officer, the information officer has notified in terms of section 44(1) or, if the information officer had at the time of the request intended to grant the request, should have notified in terms of that section; or (ii) in the case of a decision of the head on an internal appeal, the head has notified in terms of section 86(1) or, if the head had at the time of the internal appeal intended to grant the request, should have notified in terms of that section. (2) A notice given in terms of subsection (1) shall [state that] - (a) [a] state that the third party referred to in subsection (1)(b) may - (i) in the case of a decision by the information officer of the governmental body, lodge an internal appeal with the head of the body within 30 days after the notice is given, and describe the procedure for lodging such an internal appeal; or (ii) in the case of a decision on an internal appeal by the head of the governmental body, lodge an appeal with an Information Court, and describe the procedure for lodging such an appeal; and (b) state that the requester will be given access to the record unless, within 30 days after notice is given, an internal appeal with the head of the governmental body, or an appeal with an Information Court, is so lodged.