The purpose of the Promotional of Access to Information Act 2 of 2000 (“PAIA”) is to give effect to the Constitutional right of access to information held by both private and public bodies. It aims to promote a society in which South African’s can easily access or obtain information to enable them to exercise and protect all their rights.
A formal request for information in terms of PAIA is a powerful tool one can use to gain access to the information or records of a private or public body. However, there is some uncertainty about how one can access this information in terms of PAIA. PAIA addresses this issue by requiring private and public bodies to publish manuals to guide information requesters.
In terms of Section 51 of PAIA, all private bodies are required to compile a manual (PAIA manual). The PAIA manual should provide information to guide information requesters or the public on how they can use PAIA to access the records of a specific private body.
On 27 August 2021, the Minister of Justice and Correctional Services issued in Government Gazette No. 45057 new regulations (“New PAIA Regulations”) in terms of section 92 of the Promotion of Access to Information Act, 2 of 2000. The New PAIA Regulations repeal and replace the existing regulations in their entirety.
Notable provisions introduced in the New PAIA Regulations include inter alia:
1. New prescribed forms, set out in Annexure A to the New PAIA Regulations, which public, private bodies and the Information Regulator must substantially conform to when (i) assisting any person making a request for a record, (ii) notifying any information officer of a complaint; (iii) lodging an internal appeal or complaint, (iv) settlement or conciliation of a matter; and (v) requesting the Information Regulator to conduct a PAIA compliance assessment;
2. a schedule of fees as set out in Annexure B of the PAIA Regulations that detail the prescribed fees that can be charged by public and private bodies respectively when facilitating requests for access to information (e.g. costs relating to printing costs, photocopying costs, time for searching and preparation for disclosure of a record and other related costs); and
3. a provision expressly recording that the provisions of the Electronic Communications and Transactions Act, 25 of 2002 applies to all forms, records and documents or any information electronically communicated.
A copy of the New PAIA Regulations can be accessed here.
If you require any assistance in respect of the New PAIA Regulations and how such developments impact your compliance in respect of PAIA and in terms of the provisions of POPIA, please reach out to me, Sandi Vreugdenhil on 0823387968 or sandi@solveservices.co.za or attend one of my free webinars over the next 2 weeks, Registration is required and spaces are limited so register now on this link:
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