Promotion of Access to Information
The Promotion of Access to Information Act
PAIA is legislation in the Republic of South Africa allowing access to any information held by the State, and any information held by private bodies that is required for the exercise and protection of any rights. It applies specifically to South Africa, but is part of the global drive towards freedom of information.
The Act is enforced by the South African Information Regulator.
Section 32(1)(a) of the Constitution of the Republic of South Africa, 1996, determines that everyone has a right of access to any information held by the State. Section 32(2) of the Constitution provides for the enactment of national legislation to give effect to this fundamental right. PAIA is the national legislation contemplated in section 32(2) of the Constitution.
Section 9 of PAIA recognises that the right of access to information is subject to certain justifiable limitations aimed at, amongst others:
- the reasonable protection of privacy;
- commercial confidentiality;
- effective, efficient and good governance.
Commencement
2001
Links to the Act and Regulations
-
The Promotion of Access to Information Act, 2000 (Act 2 of 2000)
The Promotion of Access to Information Amendment Act, 2002 (Act 54 of 2002) -
GG 44479 GON 221, 23 Apr 2021 – Invitation for public comments on the Promotion of Access to Information Act, 2000 (Act 2 of 2000): Proposed draft Regulations relating to the Promotion of Access to Information. The comments on the draft Regulations must be submitted on or before 17 May 2021.
Summary of PAIA & Guide Lines
Guide on how to use the Promotion of Access to Information Act 2 of 2000.
How to Apply for Information
In order to assist those who are not familiar with PAIA or POPIA, a Guide that contains information to assist you in understanding how to exercise your rights under PAIA (“the Guide”) is available in all the South African official languages.
If you have any queries, or need a copy of the Guide, please contact the Information Regulator directly at:
The Information Regulator (South Africa)
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
P.O Box 31533, Braamfontein, Johannesburg, 2017
Complaints email: complaints.IR@justice.gov.za
General enquiries email: inforeg@justice.gov.za
Request for Access
Any request for access to a record from a private body in terms of PAIA must substantially correspond with the form attached in the PAIA Manual marked Appendix A – Form 2 – Request for access to record of private body (Section 53(1) of PAIA) [Regulation 10].
Objections
Any objections to the processing of personal information by KAL Group, on reasonable grounds must be submitted to the Information Officer on the prescribed form attached in the PAIA Manual marked as Appendix C – FORM 1 – Objection to the processing of personal information in terms of section 11(3) of POPIA Regulations relating to the protection of personal information, 2018 [Regulation 2].
Corrections or Deletions
A request for correction or deletion of personal information or the destruction or deletion of a record of personal information must be submitted Information Officer on the prescribed form attached in the PAIA Manual marked as Appendix D – FORM 2 – Request for correction or deletion of personal information or destroying or deletion of record of personal information in terms of section 24(1) of POPIA’s Regulations relating to the protection of personal information, 2018 [Regulation 3].