Section 77E
Pre-investigation proceedings of Regulator
Part 4 · Appeals Against Decisions · Chapter 1A — Complaints to Regulator
Before proceeding to investigate any matter in terms of this Chapter, the Information Regulator must, in the prescribed manner, inform— (a) the complainant of the Information Regulators intention to conduct the investigation; and (b) the information officer of the public body or the head of the private body, as the case may be, to whom the complaint relates of the— (i) details of the complaint; and (ii) right of the information officer or the head to submit to the Information Regulator, within a reasonable period, a written response in relation to the complaint.
Source: SAFLII — Promotion of Access to Information Act 2 of 2000 (consolidated, updated 11 October 2024) — cross-checked verbatim before publishing.
Beyond the text
What this means in practice
- Before investigating, the Regulator must tell the complainant it intends to, and give the body the details and a chance to respond in writing.
- The body gets to state its case before the investigation proper.
Relevant tool
PopiGuard helps you prepare a strong written response when the Regulator signals an investigation.