PAIA: Access to Information in South Africa

The Promotion of Access to Information Act 2 of 2000 (PAIA) gives effect to the constitutional right of access to information held by the State and by private bodies. It is a powerful tool for accountability, allowing individuals to obtain records they need to exercise or protect their rights.

What you can request

You can request access to a record held by a public body (such as a government department or municipality) or by a private body (such as a company or individual). For public bodies, you generally do not have to give a reason. For private bodies, you must show that the record is required for the exercise or protection of a right.

How to make a request

• Complete the prescribed PAIA request form and submit it to the relevant information officer.
• Provide enough detail to identify the record and how you wish to receive it.
• Pay the applicable request and access fees, where these apply.

The information officer and the PAIA manual

Each body has an information officer responsible for dealing with requests. Bodies must also compile a PAIA manual describing the records they hold and how to request them. The manual is a useful starting point for framing a request.

Grounds for refusal

Access is not unlimited. A body may refuse a request on specified grounds, such as protecting the privacy of a third party, commercial confidentiality, legal privilege, or the safety of individuals. Any refusal must be justified with reasons, and there are also situations where disclosure is compulsory in the public interest.

If your request is refused

If a request is refused or ignored, you can lodge an internal appeal (for public bodies) and then complain to the Information Regulator, which oversees PAIA and the Protection of Personal Information Act. Ultimately, a refusal can be taken on review to court.

PAIA is widely used by journalists, researchers, civil society and ordinary people to obtain documents ranging from municipal records to company information. A clear, specific request — and persistence through the appeal process — gives you the best chance of success.