How to Appeal

The failure of a public authority to give written notice of a decision on an FOIA request, within thirty (30) days of having received a request, may also be regarded as a refusal.
A public authority is required to advise the applicant, in writing, of its reason(s) for refusing an FOIA request. The applicant may then:

  1. Complain to the Ombudsman; and/or
  2. Apply to the High Court for judicial review of the decision.

You may apply to the Ombudsman within 21 days of receiving notice of a refusal. Within 30 days of receiving your written complaint, the Ombudsman will examine the document(s) - if it exists - and make recommendations to the authority on the granting of access to the document(s).

Applications to the High Court for judicial review of a refusal must be made within 3 months of receiving written notification of the decision. The judicial review process is governed by the Judicial Review Act, No. 60 of 2000.