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PAIA / Sections / Section 56
Section 56

Decision on request and notice thereof

Part 3 · Access to Records of Private Bodies · Chapter 3 — Manner of Access

(1) Except if the provisions regarding third party notification and intervention contemplated in Chapter 5 of this Part apply, the head of the private body to whom the request is made must, as soon as reasonably possible, but in any event within 30 days, after the request has been received or after the particulars required in terms of section 53(2) have been received— (a) decide in accordance with this Act whether to grant the request; and (b) notify the requester of the decision and, if the requester stated, as contemplated in section 53(2)(e), that he or she wishes to be informed of the decision in any other manner, inform him or her in that manner if it is reasonably possible.

(2) If the request for access is granted, the notice in terms of subsection (1)(b) must state— (a) the access fee (if any) to be paid upon access; (b) the form in which access will be given; and (c) that the requester may lodge a complaint to the Information Regulator or an application with a court against the access fee to be paid or the form of access granted, and the procedure, including the period allowed, for lodging a complaint to the Information Regulator or the application.

(3) If the request for access is refused, the notice in terms of subsection (1)(b) must— (a) state adequate reasons for the refusal, including the provisions of this Act relied on; (b) exclude, from any such reasons, any reference to the content of the record; and (c) state that the requester may lodge a complaint to the Information Regulator an application with a court against the refusal of the request, and the procedure (including the period) for lodging a complaint to the Information Regulator or the application.

[S 56(1) amended by s 39 of Act 42 of 2001. S 56(2)(c) substituted by s 39 of Act 42 of 2001 and s 110 of Act 4 of 2013; s 56(3)(c) substituted by s 110 of Act 4 of 2013, all with effect from 30 June 2021.]
decision30 daysgrantrefusalreasons
Beyond the text

What this means in practice

  • You have 30 days to decide and notify — unless third-party notification (Chapter 5) applies.
  • A grant notice states the access fee and the form of access; a refusal notice must give adequate reasons and the exact provisions relied on, without revealing the record's content.
  • Every decision notice must set out the requester's right to complain to the Regulator or apply to court, and the time limits.
Relevant tool

PopiGuard runs the 30-day clock and generates compliant grant/refusal notices — reasons, provisions relied on, and appeal wording included.

See PopiGuard →