INTERNAL APPEAL FOR DEEMED REFUSAL – PAIA APPLICATION LODGED ON 29 AUGUST 2019

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25 March 2020

 

The Acting Municipal Manager

Sakhisizwe Local Municipality

Umtata Road

Cala

5455

 

Dear Mr Basil Mase

 

Re: Internal appeal for deemed refusal – PAIA application lodged on 29 August 2019

 

  1. This letter accompanies our internal appeal for deemed refusal of a request for access to information lodged in terms of Act No. 2 of 2000.

 

  1. The reason for writing this letter is because the prescribed form B does not have enough space for us to tabulate our reasons for filing the internal appeal outside of the prescribed time frames.

 

  1. I elaborate on the reasons below:

 

3.1       On the 29th August 2019, CALUSA was mandated by various civil society structures within the Sakhisizwe Municipal jurisdiction to lodge a formal application to request for access to information held by the Municipality. The application was subsequently lodged on the said date in the office of the Speaker of Council (hereafter referred to as “the Speaker”).

 

3.2       On 04 September 2019, the speaker wrote back to us agreeing with us that we are requesting information that we are entitled to. She went on to cite as the cause for delay in providing us the information the absence of a portfolio head for Finance and Administration. She then made a commitment that the Mayor and the then Acting Municipal Manager of the Sakhisizwe Municipality would compile the information and deliver it to CALUSA offices.

 

3.3       On 06 September 2019, we acknowledged receipt of the letter dated 03 September from the speaker (delivered to the CALUSA offices on 04 September) and asked for timeframes within which the information would be compiled by the person(s) that the speaker delegated for delivery to CALUSA’s offices.

 

3.4       On 27 September 2019, the 30 days period within which we were supposed to receive a response lapsed without hearing anything from either the Speaker or the delegated municipal officials.

 

  • On 17 February 2020, we sent a follow up letter to the Speaker and she referred us to the Mayor and Acting Municipal Manager as the matter was in their hands.

 

  • Following the above, we wrote, on 21 February 2020, a letter to the Acting Municipal Manager and copied in the Mayor in the correspondence. We are yet to receive a response.

 

  1. In light of the non-response by the aforementioned political heads and officials, we have deemed our application as refused and we thus appeal against the refusal.

 

  1. We are mindful of the fact that this is beyond the 60 day timeframe prescribed by section 75(1) (a) (i) of the Promotion of Access to Information Act, but this is due to the Municipality’s unreasonable delay in responding to our request.

 

  1. We thus request you to condone this appeal and consider our request.

 

  1. We hope this information is sufficient for you to consider our appeal.

 

 

Yours sincerely,

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