PART VII REVIEW OF DECISIONS CHAPTER 1 INTERNAL APPEALS Right of internal appeal to head of governmental body 84. A person may lodge an internal appeal with the head of the governmental body concerned against - (a) any decision taken (including any act [of] or failure to act) by the information officer of the body; or (b) the unreasonable exercise of any discretion conferred on the information officer of the body by or under this Act. Manner of internal appeal and appeal fees 85. (1) An internal appeal -_ (a) shall be lodged - (i) within 30 days; or (ii) if notice to a third party is not required by section 86(1), within 60 days, after notice is given to the person in question of the decision appealed against or, if notice to the person is not required by this Act, after the decision was taken; (b) in writing or reduced to writing, on request, by the Public Protector in the case of a person who is unable to write; (c) shall be made to the information officer of the governmental body concerned at his or her address, fax number or electronic mail address; (d) shall identify the decision appealed against and state the reasons for the internal appeal and may include all other relevant information known to the appellant; (e) if, in addition to a written reply, the appellant wishes to be informed of the decision on the internal appeal in any other manner, shall state that manner and provide the necessary particulars to be so informed; (f) shall be accompanied by the prescribed appeal fee (if any) referred to in subsection (3); and (g) specify a postal address or fax number, and, if the internal appeal includes an urgency application referred to in section 88(1), a phone number, for the appellant in the Republic. (2) Where an internal appeal is lodged after the expiry period referred to in subsection (1), the head of the governmental body concerned shall, upon good cause being shown, allow the late lodging of the internal appeal. (3)(a) Where a person lodges an internal appeal against the refusal of his or her request for access to a record [in respect of which the prescribed request fee was payable] and access to the record is sought in order to further a commercial interest as contemplated in [terms of] section 15(1), he or she shall be liable to pay the prescribed appeal fee. (b) If the prescribed appeal fee is payable in respect of an internal appeal, the decision on the internal appeal may be deferred until that fee is paid. (4) Where an internal appeal is delivered or sent to the information officer of a governmental body in accordance with subsection (1), he or she shall - (a) within 10 days; or (b) in the case where an urgency application has been granted under section 88, [within seven days] immediately, after receipt of the internal appeal, submit to the head of the governmental body - (i) the internal appeal together with his or her reasons for the decision in question; and (ii) if the internal appeal is against the refusal or granting of a request for access to a record, the name, postal address, phone and fax number and electronic mail address, whichever is available, of any third party, other than the appellant, whom the information officer has notified in terms of section 44(1) or 48(1) or would have notified in terms thereof if the information officer had intended to grant the request for access to a record. (5) An internal appeal may be submitted by a person authorised by the appellant to act on behalf of the appellant. and a reference to an appellant in any other section relating to an internal appeal includes a reference to a person so authorised. Notice to and representations by other interested persons 86. (1) Where, in deciding an internal appeal against the refusal of a request for access to a record, the head of a governmental body intends to grant the request and believes or has reason to believe the record might contain information requiring the request to be refused in terms of section 28(1) or 30(1), the head shall - (a) within 30 days; or (b) in the case where an urgency application has been granted under section 88, within [seven] five days, after the receipt of the internal appeal, give notice to the third party concerned of the internal appeal, 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 allow the internal appeal concerned, shall be made with due regard to the fact that the third party did not have the opportunity to make representations under subsection (4) why the internal appeal should be dismissed. (2) The notice given in terms of subsection (1) shall - (a) state that the head 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 head of the governmental body [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 head 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 head 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 88, within [10] five days, after notice is given, make written representations to the head of the body why the request in question should not be granted. (3) Where, in deciding an internal appeal against the granting of a request for access, the head of a governmental body intends to refuse a request for access to a record, he or she shall - (a) within 30 days; or (b) in the case where urgency application has been granted under section 88, within [seven] five days, after the receipt of the internal appeal, give notice of the internal appeal to the requester concerned and state in the notice that he or she may - (i) within 21 days; or (ii) in the case where an urgency application under section 88 has been granted, within [10] five days, after notice is given, make written representations to the head of the governmental body why the request should not be refused. (4) A person to whom notice is given in terms of subsection (1) or (3), may - (a) within 21 days; or (b) in the case where an urgency application has been granted under section 88, within [10] five days, after the notice is given, make written representations to the head of the governmental body why the request in question should or should not be granted (as the case may be). Decision on internal appeal 87. (1) The head of a governmental body shall, subject to section 88 - (a) within 30 days after an internal appeal is received by the information officer of the body; or (b) if notice is given in terms of section 86(1) or (3), within 30 days after notice is so given, decide whether or not to allow the internal appeal. (2) In deciding an internal appeal under subsection (1) the head of the governmental body concerned shall give due consideration to - (a) the internal appeal and particulars stated therein in terms of section 85(1)(c); (b) the reasons submitted by the information officer in terms of 85(4)(i); and (c) any representations made in terms of section 86(4), and may at the conclusion of the internal appeal confirm the decision appealed against or substitute a new decision for it. (3) The head of [a] the governmental body concerned shall notify the appellant and, if a requester is required to be notified in terms of section 86(3), that requester, of the decision on the internal appeal in writing and in any other manner as the appellant stated under section 85(4) and - (a) [where the internal appeal is dismissed,] state in the notice - (i) the findings on any material questions of fact, referring to the material on which those findings were based; (ii) the reasons for the [dismissal] decision (including the provision of this Act relied upon to justify the [dismissal] decision) in such manner [so] as to enable the appellant or requester (as the case may be) to understand the justification for the [dismissal] decision and make an informed decision about whether to lodge a complaint with the Public Protector, or an appeal with an Information Court, against the decision on internal appeal; and (iii) that the appellant or requester (as the case may be) may lodge a complaint with the Public Protector, or an appeal with an Information Court, against the decision on internal appeal, and the procedure for lodging such a complaint and an appeal; [or] and (b) where the head of the governmental body decides on internal appeal to grant a person's request for access to a record, state, if notice to a third party is - (i) not required by section 47(1), that the requester will forthwith be given access to the record; or (ii) is required by section 47(1), that the requester will be given access after the expiry of 30 days after the notice is given to every third party, unless an appeal with an Information Court is lodged against the decision on internal appeal. (4) If an appellant has stated that he or she wishes [also] to be informed of the decision on internal appeal by phone, fax or through online computer communication facilities and specified his or her phone or fax number or electronic mail address, as the case may be, as required by section 85(1)(d), the head of the governmental body concerned shall, if possible, so inform the requester. (5) Where the head of the governmental body decides on internal appeal to grant a person's request for access to a record and notice to a third party is - (a) not required by section 47(1), the information officer shall forthwith give the requester access to the record in question; or (b) is required by section 47(1) and is so given, the information officer shall, after the expiry of 30 days after the notice is so given to every third party, give the requester access to the record in question unless an appeal with an Information Court is lodged against the decision on internal appeal. Urgent internal appeals 88. (1) A person who wishes [the decision on] his or her internal appeal to be [given on an urgent basis] decided on urgently shall include an application to that effect in the internal appeal (in this section referred to as an urgency application) and give reasons for the urgency. (2) If an internal appeal includes an urgency application, the head of the governmental body concerned shall, subject to section 86, decide on the internal appeal immediately or, if that is not reasonably practicable, within five days after the receipt of the internal appeal, and give notice of the decision as required by section 87, [on an urgent basis] unless the head is satisfied, on reasonable grounds that - (a) the nature of the reasons for the urgency furnished by the applicant is such that the applicant will suffer no prejudice if the internal appeal is decided upon within the period [of 30 days referred to] contemplated in section 87(1); or (b) it is impractical to decide on the internal appeal [on an urgent basis] within five days after the appeal has been received. (3) If the head of a governmental body refuses an urgency application on [reasonable] the grounds [as contemplated] mentioned in subsection (2)(a) or (b), he or she shall, [on an urgent basis] within five days after the internal appeal has been received, give notice [to the applicant] of the refusal and state in the notice - (a) the findings on any material questions of fact, referring to the material on which those findings were based; (b) the reasons for the refusal (including the provision of this Act relied upon to justify the refusal) in such manner [so] as to enable the applicant to understand the justification for the refusal and make an informed decision about whether to lodge a complaint with the Public Protector, or an appeal with the Information Court, against the refusal; and (c) that the applicant may lodge a complaint with the Public Protector, or an appeal with an Information Court, against the refusal of the urgency application, and the procedure for lodging such a complaint and an appeal. (4) If the notice to be given in terms of subsection (2) or (3) is not given by fax but by post, the requester shall be informed by phone of the decision concerned.