ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT (SHOWING AMENDMENTS MADE BY ACT 5/2003) (2) The Commission shall conduct an inquiry and may decide all questions of fact and law arising in the course of the inquiry. (3) An inquiry in terms of subsection (2) may be conducted in camera. (4) The Commission shall give every person who has an interest in the matter an opportunity to make representations during the inquiry. (5) The Commission may decide— (a) whether representations are to be made orally or in writing; and (b) whether a person other than the persons referred to in subsection (4) is entitled to be present during or to have access to or to comment on representations made to the Commission by another person. (6) Every person appearing before the Commission at an inquiry may be represented at the inquiry by a legal practitioner. (7) An inquiry into any matter shall be completed within ninety days from the date of commencement of the inquiry. (8) On completing an inquiry the Commission shall make a written determination of its findings and may, on the basis of those findings, issue an appropriate order to the parties concerned in the matter and give a copy of it to the Minister and any other party considered by the Commission to have an interest in the matter. (9) Any person aggrieved by any order or determination of the Commission made in terms of section fifty-two A or fifty-two B32 may, within twenty-eight days after being notified of that order or determination, appeal to the Administrative Court. PART X REVIEWS BY THE COMMISSION 53 Right to request a review (1) A person who makes a request to a head of a public body, other than the Commission, for access to a record or for correction of personal information may request the Commission to review any decision or act of the head of that public body that relates to that request. (2) A third party notified of a decision to give access may request the Commission to review any decision made by the head of the public body. 54 Procedure for seeking review (1) For the purposes of this section, the failure by a head of a public body to respond within the time limit to a request for access to a record shall be deemed to be a decision to refuse access to the record. (2) A person requesting a review in terms of this Part shall make such request, in writing, to the Commission. (3) A request for a review of a decision of the head of a public body in terms of subsection (1) shall be made within thirty days from the date of the decision: 32 Note by Law Reviser: This is section 52B. The reference should, therefore, be to "this section". 28

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