CHAPTER 3
	THIRD PARTY INTERVENTION

Notice to third parties

	78. (1) Where a governing body intends not to close a meeting at which the body believes or has reason to believe information might be disclosed [at the meeting] requiring it to be closed in terms of section 65(1) or 67(1), the information officer shall, at least seven days before the meeting, but in any event not later than before the meeting, notify, the third party concerned of the meeting , 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 close the meeting concerned, shall be made with due regard to the fact that the third party did not have the opportunity to make representations under section 79 why the meeting should be closed.  
	(2) The notice given in terms of subsection (1) shall - 
	(a)	state the date, time or place of the meeting concerned;
	(b)	state that [the] information contemplated in subsection (1) might be disclosed at the meeting and describe that information;
	(c)	in the case of information contemplated in - 
		(i)	section 65(1), describe the provisions of section 65; or
	    (ii)	section 67(1), describe the provisions of section 67;
	(d)	in any case where the governing body believes that the provisions of -
		(i)	section 75(1) might apply, describe those provisions, specify which of the circumstances referred to in paragraph (a)(i) to (iv) of section 75(1) in the opinion of the governing body might apply and state the reasons why the body is of the opinion that section 75(1) might [applies] apply; or
	    (ii)	section 75(2) might  apply, describe those provisions and state the reasons why the governing body is of the opinion that those provisions might apply; and
	(e)	inform the third party that he or she may, at any time before the meeting concerned or at the meeting, but before the item or items concerned on the agenda are to be dealt with, make written or oral representations to the governing body why the meeting should be closed.
	
Representations by third parties

	79. A third party to whom notice is given, or should have been given, in terms of section 78, may at any time before the meeting [in question] concerned or at the meeting, but before the item or items concerned on the agenda are to be dealt with, make written or oral representations to the governing body concerned why the meeting or portion of the meeting at which the information in question might be disclosed should be closed.

Decision on representations for closed meeting

	80. (1) Where a governing body has received representations by a third party under section 79 why a meeting, or a portion of [the] a meeting, should be closed, the body shall -
	(a)	call a special meeting or, if not practicable, an emergency meeting, to consider the representations and give notice of the special or emergency meeting as required by section 59 (as the case may be); or
	(b)	consider the representations or allow the third party to make representations in person at the meeting in question before the item or items concerned on the agenda [is] are to be dealt with.
	(2) After giving due consideration to any representations made by a third party under section 79 the governing body concerned shall decide whether or not to close the meeting, or a portion of the meeting, and give notice to the third party of the decision.
	(3) If the body has voted not to close the meeting, or a portion of the meeting, the notice given in terms of subsection (1) shall state that the third party concerned may lodge an application with an Information Court against the vote not to close the meeting or portion thereof, and the procedure for lodging such an appeal.
	(4) If a third party to whom notice is given in terms of subsection (3) -
	(a)	before or at the meeting [concerned] to be closed, has given notice of the lodging of an application with the Information Court; or
	(b)	at the meeting [concerned] to be closed, informs the governing body of an intention to lodge an application with an Information Court,
against the vote not to close the meeting, or portion thereof, concerned, that meeting, or portion, shall be postponed until the application has been decided upon by an Information Court or the period within which an application may be made, has expired (as the case may be).