- An information request CAN be made through electronic mail to the Public Authority in the first instance under Section 24(1) of the RTI Act read with subsection (6).
- However an Appeal to the office of the RTI Commission CANNOT be sent through electronic mail.
- An appeal can be sent ONLY through registered post or in person (including by sending a duly authorised representative) in terms of Rule 13 (2) of the Rules (Fees and Appeals Procedure) (gazetted on 03.02.2017 in Gazette No. 2004/66).
- Not permitting appeals to the Commission through electronic mail is due to the need to prevent fraud or misrepresentation at the second stage of the appeal.
- If a Designated Officer (DO) is in place in a Public Authority, an appeal to the RTI Commission can ONLY be after an appeal is lodged with the DO.
- If a DO is not in place, then the Head of that department/entity/institution becomes the DO by virtue of Circular No. RTI/01/2016 of the Ministry of Parliamentary Reforms and Mass Media dated 10.10.2016.
- If there is no response by the DO, an appeal to the Commission may be made after the three week period within which the DO has to respond has lapsed.
- If no IO or DO is appointed by a Public Authority then an information requester can submit a request to the head/CEO (who becomes the I/O under the Act)and then come directly to the Commission
- An appeal to the Commission must be accompanied by the information request containing material particulars including compliance with Section 3(1) of the Act regarding stating the fact of citizenship and the appeal sent to the DO.
Important Announcement on Appeals 27.06.2017
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Cases filed in the Magistrate Court under Section 39 of the Right to Information Act No. 12 of 2016
Vacancies
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