All private bodies must submit a PAIA section 83(4) report (PAIA report) to the information regulator according to a notice the regulator published. The regulator has requested private bodies to submit this report annually in terms of section 83(4) of PAIA.
The submission deadline for Section 83(4) and Section 32 reports is 30 June yearly.
What is a PAIA section 83(4) report?
According to section 83(4) of PAIA, the regulator can request the heads of private bodies to submit reports to them about requests for access to records that the private body holds. Furthermore, the regulator must submit an annual report to the National Assembly. (See section 84 of PAIA) If the regulator chooses, it can include information about access requests that private bodies receive in its annual report to the National Assembly.
You mustn’t confuse a section 83(4) report with a section 32 PAIA report.
The section 32 PAIA report applies to information officers of public bodies. A Section 83(4) PAIA report applies to the head of a private body.
How must you submit the PAIA report?
You (or us acting as your agent) must register on, and submit the report through Information Regulator’s e-services portal. Make sure to fill out all the fields with accurate and detailed information. We’ve seen many organisations receive information notices from the regulator for failing to provide the regulator with sufficient information.
Note: You must submit your annual reports for each financial period (1 April to 31 March).
What happens if you miss the deadline for the PAIA report?
The regulator might do a PAIA compliance assessment on your organisation. Although the regulator’s notice is labelled “invitation“, it is by no means a voluntary exercise. If you are a private body, you must submit the report by the deadline of 30 June yearly. This is what the regulator told us.
Failure to comply may result in the regulator conducting its own-initiative PAIA compliance assessment on the private body in question. Section 77H(1) of PAIA.
In September 2024, the Information Regulator said that it was unsatisfied with the low levels of submission of the PAIA annual reports. Failing to submit a PAIA annual report impedes the regulator’s ability to monitor the implementation of PAIA and infringes on the right to access of information. The low levels of PAIA annual report submissions may prompt the regulator to enforce the requirement more rigorously.
Actions you can take to submit the PAIA section 83(4) report
- Get empowered to submit the report yourself properly by attending our webinar called Submitting your PAIA Report.
- Avoid the administrative burden of submitting the PAIA report by asking us to submit it for you on your behalf.
- Avoid getting an information notice from the regulator for failure to submit correct, detailed information by asking us for advice.
- Stay on top of developments in access to information by joining our Access to Information Programme.
- Join our ATI Essentials workshop.
Low public interest organisations can read what they should do.
