The Department of Justice and Constitutional Development has published the final PAIA regulations.

Regulations on the promotion of access to information

The Minister is empowered by the Promotion of Access to Information Act (PAIA) to make PAIA regulations.

Most of PAIA came into force in March 2001. Since its enactment, POPIA has amended PAIA to bring it in line with similar provisions in POPIA. This also means that the old PAIA regulations needed to be brought in line with POPIA. To prevent confusion, the Department decided to repeal the old and promulgate new ones.

Why should you care about the PAIA regulations?

  • They create obligations for both public and private bodies. There are some forms you might need to use.
  • They create extra obligations and offences for the information officer.
  • Access to information is closely related to protecting personal information. So, if you’re trying to comply with POPIA, these PAIA regulations are relevant.
  • The same regulator deals with both POPIA and PAIA.

Actions you can take

  • Read them by downloading them.
  • Use our public interest self-assessment to determine if you are a low or high public interest organisation.
  • Join our access to information programme if you have a high public interest score.
  • Ask us to review or draft a PAIA manual for you.
  • Comply with PAIA by asking Michalsons for assistance.

What do the PAIA regulations cover?

  1. The regulator must publish a PAIA guide and both the regulator and the information officer must make it available in various official languages. The PAIA guide is different to a PAIA Manual.
  2. Public bodies must make certain records automatically available.
  3. Private bodies may voluntarily disclose certain records and make them automatically available, subject to certain requirements.
  4. Political parties must make certain records available.
  5. Information officers have to inform requesters of their decision and if applicable, the fees regarding a request.
  6. There are forms for requesters to request access to the PAIA guide or access to a record.
  7. There is a form for the information officer to use to inform the requester of their decision to grant access or not.
  8. A complainant may lodge an internal appeal against a decision of the information officer of a public body using a provided form.
  9. A complainant may lodge a complaint with the regulator, who must follow a procedure.
  10. The regulator may try to settle the matter between the parties, failing which the regulator may conduct conciliation proceedings and act as a conciliator in the matter.
  11. An information officer can request the regulator to make an assessment on whether to grant access.
  12. An information officer who (willfully or in a grossly negligent manner) charges a fee for inspection of the PAIA Guide (or any record) other than the fee prescribed, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.
  13. There are various other forms.