ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT
(as amended January 2008)
52B Determinations and inquiries by Commission 46
(1) The Commission shall, in relation to the determination by it of the following matters⎯
(a) a request for a review in terms of Part X;
(b) an application for registration of a mass media service, in terms of Part XI;
(c) whether to suspend or cancel any registration certificate or make any other order in
terms of section seventy-one;
(d) …47;
(e) …48;
(f) whether to issue an order in terms of paragraph (b) of subsection (1) of section fiftytwo A;
(g) any other matter in terms of this Act which it is required or empowered to determine;
do either of the following—
(i) if it considers that the matter involves no substantial dispute of fact or law, and
after affording any party concerned an opportunity to make written representations to it within the time it specifies, determine the matter and give notice of
its determination orally or in writing to the party or the parties concerned; or
(ii) if it considers that the matter involves any substantial dispute of fact or law,
conduct an inquiry in terms of the following provisions of this section.
(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.
46
Section inserted by s. 7 of Act 5/2003.
47
Paragraph repealed by s. 6 of Act 20/2007.
48
Paragraph repealed by s. 6 of Act 20/2007.
35
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