(a)\u00a0 If the Information Officer refuses a request for information;<\/p>\n
(b) If the Information Officer refuses to disclose information citing an exception to the requirement to disclose information under the Act;<\/p>\n
(c)\u00a0 If Information Officers do not follow time frames;<\/p>\n
(d) If Information Officers provide incomplete, misleading or false information;<\/p>\n
(e)\u00a0 If Information Officers charge excessive fees;<\/p>\n
(f)\u00a0 If Information Officers refuse to provide information in the form information is requested;<\/p>\n
(g)\u00a0 Where you reasonably believe that the requested information has been deformed, destroyed or misplaced;<\/p>\n
you can submit an appeal to the Designated Officer within fourteen days (14) of your request for information being refused, or the act being committed or becoming aware of the grounds on which the appeal is being made. Even if you exceed 14 days, the Designated Officer can accept your appeal if you could prove that the reasons for the delay were beyond your control.<\/p>\n
[\/toggle]<\/p>\n
[toggle title=”What is the procedure for appeals against the decisions of Information Officers?”]<\/p>\n
Once an appeal is made the Designated Officer will issue a receipt to you within three (03) working days<\/span> informing you of accepting the appeal. The Designated Officer must make a decision on the appeal with specific reasons and grounds for the decision within three (03) weeks.<\/span> The Designated Officer has the right to accept an appeal and make a decision on it, even when you are delayed in making your application, if you provide acceptable reasons for the delay.<\/p>\n [\/toggle]<\/p>\n [toggle title=”Can you appeal against the decision of the Designated Officer?”]<\/p>\n YES.<\/strong> You can appeal against the decision of a Designated Officer to the Commission in two instances;<\/p>\n (a) If you are not satisfied with the decision of the Designated Officer made in the case of an appeal against an Information Officer; or<\/p>\n (b) If the Designated Officer fails to provide a decision on an appeal against an Information Officer within three (03) weeks.<\/p>\n [\/toggle]<\/p>\n [toggle title=”How soon should appeals be made?”]<\/p>\n \u2022 The appeal must be made within two (02) months of the decision being communicated in (a) or the failure to make a decision in (b).<\/p>\n \u2022 The Commission is required to give its decision within thirty (30) days.<\/p>\n \u2022 The Commission can accept an appeal out of time if you were delayed due to a reason beyond your control.<\/p>\n [\/toggle]<\/p>\n [toggle title=”What is the procedure for Appeals to the Commission?”]<\/p>\n The Commission will formulate and publicize the procedure to submit appeals to it within six (06) months of establishing the Commission.<\/p>\n [\/toggle]<\/p>\n [toggle title=”Should the Commission give reasons for its decisions?”]<\/p>\n The Commission is mandatorily required to provide reasons for its decisions in writing. These reasons will be communicated to the appellant, the Information Officer and the relevant Public Authority.<\/p>\n [\/toggle]<\/p>\n [toggle title=”Is there a procedure for you to appeal against the decisions of the Commission made in terms of Section 32?”]<\/p>\n YES.<\/strong> If you or the Public Authority are dissatisfied with the decision of the Commission, you\/he\/she\/it could appeal against the said decision to the Court of Appeal within fourteen (14) days of the Commission informing the parties of its decision.<\/p>\n [\/toggle]<\/p>\n [toggle title=” Who should prove the facts (burden of proof)?”]<\/p>\n On appeal, the burden of proof is on the Public Authority to show that it has complied with the stipulations in the Act.<\/p>\n [\/toggle]<\/p>\n [toggle title=”Can you get another person to make an\u00a0\u00a0 appeal on your behalf?”]<\/p>\n YES.<\/strong> If you are unable to make an appeal for any reason, another person to whom you have given written authority, can appeal on your behalf.<\/p>\n [\/toggle]<\/p>\n [toggle title=”Appeals Process”]<\/p>\n
![\"Appeals](\"http:\/\/itareuslk.com\/rti\/wp-content\/uploads\/2017\/02\/Appeals-Process-copy.jpg\")
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