Applications regarding decisions of information officers or relevant authorities of public bodies or heads of private bodies or Regulator

(1) A requester or third party may only apply to a court for appropriate relief in terms of section 82 in the following circumstances: (a) After that requester or third party has exhausted the internal appeal procedure referred to in section 74; or (b) after that requester or third party has exhausted the complaints procedure referred to in section 77A.

(2) A requester— (a) that has been unsuccessful in an internal appeal to the relevant authority of a public body; (b) aggrieved by a decision of the relevant authority of a public body to disallow the late lodging of an internal appeal in terms of section 75(2); (c) aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the “public body” in section 1— (i) to refuse a request for access; or (ii) taken in terms of section 22, 26(1) or 29(3); (d) aggrieved by a decision of the head of a private body— (i) to refuse a request for access; or (ii) taken in terms of section 54, 57(1) or 60; or (e) that is aggrieved by any decision of the Information Regulator, may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82.

(3) A third party— (a) that has been unsuccessful in an internal appeal to the relevant authority of a public body; (b) aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the “public body” in section 1 to grant a request for access; (c) aggrieved by a decision of the head of a private body in relation to a request for access to a record of that body; or (d) that is aggrieved by any decision of the Information Regulator, may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82.

(4) An information officer or relevant authority of a public body or the head of a private body, as the case may be, aggrieved by a decision of the Information Regulator in terms of section 77E(2)(b) or (c) may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82.