PAIA

PAIA

The Promotion of Access to Information Act (PAIA), 2000 (Act 2 of 2000)

What is the purpose of PAIA?

The purpose of the Promotion of Access to Information Act, 2000 (often referred to as “PAIA”) is to give effect to section 32 of the Constitution. Section 32 provides for “the right of access to information” and states that “everyone has the right of access to any information held by the State and to information held by another person that is required for the exercise or protection of any rights.”

The motivation for giving effect to the right of access to information is to foster a culture of transparency and accountability both in Public and Private Bodies; and to promote a society in which the people of South Africa have effective access to information, to enable them to more fully exercise and protect all their rights.

Examples of “Public Bodies” include National and Provincial Government Departments, Municipalities and Parastatals (e.g. Eskom, Telkom).

Examples of “Private Bodies” include a natural person or partnership that carries on trade, business or profession; and a former or existing juristic person.

What information can I request and have access to from the Department of Justice and Constitutional Development or any public body for that matter?

Any information or records, including personal information or records, held by the Department or its officials. It does not matter when that information or record came into existence.

Personal records held by the Department.

To have a sense of the kind of information you may request, please look at the Information Manual from the Deputy Information Officer of the Department.

What information may I be refused access to by the Department?

The Act is not unlimited, therefore your request may be refused in certain cases (see, sections 7, 12 and Chapter 4 of PAIA). For example, you may not be given access to information under the following circumstances:

• Information or records about another person or entity, subject to access on these records being approved by such third parties especially if information was given to the Department or Public Body on confidentiality or privacy basis.

• If the record is requested for the purpose of criminal or civil proceedings, where the criminal or civil proceedings have commenced. If such information is obtained, it may not be used in a court of law unless the court thinks that the exclusion of such information will be detrimental to the course of justice.

• The records of Cabinet and its Committees, and those records of an individual member of Parliament or of a Provincial Legislature
in that capacity.

Please note that the PAIA is above any other Act or legislation that may prohibits or restricts you from having access to any information.

How do I access information?

The Director-General of any National Government Department is the Information Officer. In the case of the Department of Justice and Constitutional Development the Director-General has appointed Deputy Information Officers to assist in the administration of the PAIA (the contact details of the Information Officer and Deputy Information Officers are found at the back of this brochure).

Therefore, in order to request information you must fill-in and submit a “Form A Eng / Afr” to the Deputy Information Officers of the Department.

Please take note that the Deputy Information Officer must help and guide you through all the processes.

What information (or record) in the Department is freely accessible without having to apply for it?

Ask the Deputy Information Officers to make a list of such information available to you, alternatively, you can also find it in the Information Manual or at any office of the Department such as National or Regional Offices, Masters Offices or Magistrates’ Office.

Are there any prescribed fees payable in order for me to access any information?

Unless the requested information is made freely available, you may be required to pay a “request fee” and an “access fee”. The Deputy Information Officers will advise you on whether or not you are required to pay any fees.

How long will the Deputy Information Officer take to make a decision regarding my request?

The Deputy Information Officer must provide you with a decision (either to provide or deny you access to the information or records) within 30
days. The Deputy Information Officer may extend the period of 30 days by another period of 30 days, however only one extension is allowed.

The period may be extended under certain prescribed circumstances, for example where the request is for a large number of records or where
the requested information is at an office elsewhere from the office of the Deputy Information Officer.

Should the Deputy Information Officer not provide you with a decision within 30 days (or within 60 days if there was an extension) he or she is
regarded as having refused your request (deemed refusal). In this case of a “deemed refusal” you have a right to appeal to the Internal Authority (see below).

What can I do if the  Deputy Information Officer refuses me permission to access the  information I have requested? 

You have the right to appeal to the Internal Authority, who is the Minister. If you are still not satisfied with the decision of the Minister, you may then approach a Court of Law.

In order to lodge an appeal you must fill-in and submit a “Form B Eng/ Afr” (Notice of an internal appeal) to the Department. The Deputy Information Officer must help and guide you through this process.

Please take note that no fee is payable when you lodge an appeal with the Internal Authority.

Please take note that there is no internal appeal for Private Bodies, therefore a requester must approach a Court of Law if, for example, a
request for information is refused.

Should you need any assistance or have further questions regarding how you may access information or records held by the Department
(or by any Public Body), please do not hesitate to contact the Deputy lnformation Officers of the Department (or of any Public Body).

You may also contact the South African Human Rights Commission for assistance at telephone number (011) 484 8300 and request to talk to an
official of the PAIA Unit..


FEES FOR RECORDS OF PUBLIC BODY

The “request fee” payable by every requester, other than a personal requester referred to in section 22(1) of the Act, is R35–00

The “access fees” referred to in section 22(7) of the Act (unless the requester is exempted under section 22(8)) and “fees for reproduction” referred to in section 15(3) of the Act, are as follows:
Amount

  1. for every photocopy of an A4-size page or part thereof : R0–60
  2. for every printed copy of an A4-size page or part thereof : R0–40
  3. held on a computer or in electronic or machine readable form for a copy in a computer-readable form on –
    • stiffy disc : R5
    • compact disc : R40
    (i)         for transcription of visual images, for an A4-size or part thereof : R22
    (ii)         for a copy of visual images : R60
    (i)         for a transcription of an audio record, for an A4-size page or part thereof : R12
    (ii)         for a copy of an audio record : R17

The actual postal fee is payable when a copy of a record must be posted to a requester.

REQUEST FOR RECORDS OF PRIVATE BODY

Form of request
A request for access to a record, made in terms of section 53(1) of the Act, must be made in the form of “Form C Eng / Afr”.

FEES FOR RECORDS OF PRIVATE BODY
1. The “request fee” payable by a requester, other than a personal requester, referred to in section 54(1) of the Act, is R50
2. The “fees for reproduction” referred to in section 52(3) and “access fees” payable by a requester referred to in section 54(7), unless exempted under section 54(8) of the Act, are as follows:
(a) for every photocopy of an A4-size page or part thereof R1 – R10
(b) for every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form R0 – R75
(c) for a copy in a computer-readable form on: (i) stiffy disc R7 – R50; (ii) compact disc R70
(d) (i) for a transcription of visual images, for an A4-size page or part thereof R40; (ii) for a copy of visual images R60
(e) (i) for transcription of an audio record, for an A4-size page or part thereof R20; (ii) for a copy of an audio record R30
(f) To search for the record for disclosure, R30 for each hour or part of an hour reasonably required for such search.

The actual postal fee is payable when a copy of a record must be posted to a requester Exemptions from paying “access fees”

Person or persons exempted from paying access fees:-
(i) A single person whose annual income does not exceed R14,712.00; or
(ii) Married persons or a person and his/her life partner whose annual income does not exceed R27,192.00

NOTES: Please take note of the following differences when making an application for access to information to a Public Body and a Private Body

Public BodyPrivate Body
Application form to use“Form A”“Form C”
Request fee payableR35.00R50.00
Remedy available
( when not satisfied with the decision (including “deemed refusal”) of the Information Officer or Deputy Information Officer)
Internal Appeal to the
Relevant Authority
(e.g. Minister, MEC or Mayor)
use “Form B”
– no fee payable
Application to
Magistrates’ Court
(there is no Internal Appeal)
Remedy available
(only when not satisfied with the outcome of the Internal Appeal)
Application to Magistrates’ Court 

The Promotion of Access to Information Act, 2000 (Act 2 of 2000)

Please note that all documentation on the site is in PDF PDF format and require Acrobat Reader to open and read.

DEPARTMENTAL MANUAL

CONTACTS

The lnformation Officer of the Department of Justice is the Director-General.

Enquiries and Requests for Information should be sent to:
The Office of the Deputy Information Officer
Postal Address: Access to Information and Records Management, Department of Justice and Constitutional Development, Private Bag x81, PRETORIA, 0001

Telephone: 012 357 8544 or 012 315 1715
Fax: 012 357 4837 or 086 714 9252
E-mail: paia@justice.gov.za

LEGISLATION

FORMS

  • Go to ” Forms” to view the forms related to the Promotion of Access to Information Act (PAIA), 2000(Act No 2 of 2000).

REGULATIONS

  • 2007 – PAIA, 2000 – Amendment of Regulations – Insertion of Regulation 5A & 9A (R466 – Eng or Afr)
  • 2006 – Government Notice R. 990 of 13 October 2006 was published in Gazette 29278 dated 13 October 2006. Amendment to the PAIA regulations section 91a(7) and section 92(4)
  • 2003 – Amended Regulations – The Minister for Justice and Constitutional Development has, under section 92 of the Promotion of Access to Information Act (PAIA), 2000 (Act No. 2 of 2000), made the regulations in the Schedule. (R1244 – ENG or AFR)
  • 2003 – Notice 25411: Amendment of regulations regarding the Promotion of Access to Information Act (PAIA), 2000 (Eng or Afr)
  • 2002 – Regulations relating to the Promotion of Access to Information (PAIA), 15 February 2002 (R. 187)
  • 2001 – Regulations relating to the Promotion of Access to Information (PAIA), 09 March 2001 (R.223)

NOTICES

  • 2019.10.04: GG 42740, RG 10991, GoN 1284 – Promotion of Access to Information Act: Rules: Procedure for application to court (English / isiXhosa)
  • 2017.09.08: GG 41100, GoN 697 – Promotion of Access to Information Act: Description Sec 15(1): Department of Justice and Constitutional Development,
  • 2017.09.08: GG 41100, GeN 698 – Promotion of Access to Information Act: Manuals: Department of Justice and Constitutional Development
  • 2017.09.08: GG 41100, GeN 694 – Promotion of Access to Information Act: Description: Department of Justice and Constitutional Development
  • 2015.12.11: GG 39504, GeN 1222 – Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) Exemption of certain private bodies from compiling manual
  • 2015.08.11: GG 39081 [605kb] Promotion of Access to Information Act: Manual: Department of Justice and Constitutional Development
  • 2015.07.10: GG 38960, GoN 587 [336kb] Promotion of Access to Information Act: Description Sec 15(1): Department of Justice and Constitutional Development
  • 2015.07.08: GG 38972 [670mb] Promotion of Access to Information Act: Manual: Department of Justice and Constitutional Development
  • 2014.07.08: GG 37814 [1mb] Promotion of Access to Information Act: Manual: Department of Justice and Constitutional Development
  • 2013.08.26: GG 36789 [374kb] Promotion of Access to Information Act: Manual: Department of Justice and Constitutional Development
  • 2012 07 05: GG 35497 [715kb] Promotion of Access to Information Act: Manual: Department of Justice and Constitutional Development
  • 2012 05 04: GG 35297, RG 9742, GoN 331 [183kb] Promotion of Access to Information Act: Description: Limpopo Department of Economic Development, Environment and Tourism
  • 2012 03 23 – GG 35163 [829kb] Promotion of Access to Information Act: Manual: Limpopo Department of Economic Development, Environment and Tourism
  • 2011 12 30 – GG 34914, GoN 1091 [220kb] Promotion of Access to Information Act, 2000 (Act No.2 of 2000): Exemption of certain private bodies from compiling Manual
  • 2011 12 09 – GG 34812, Notice R1004 [476kb] Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) – Limpopo Department of Agriculture
  • 2011 11 04 – GG 34720, Notice R904 [485kb] Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) – Msunduzi Municipality
  • 2011 11 04 – GG 34720, Notice R903 [1.85mb] Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) – South African Police Service
  • 2011 10 27 – GG 34700, Notice 556 [1.17 mb] Promotion of Access to Information Act: Manual: Public Service Commission and the office of the Public Service Commission
  • 2011 09 23 – GG 34627 [810kb] Promotion of Access to Information Act: Manual: Commission for Conciliation, Mediation and Arbitration
  • 2011 04 15 – GG 34198 – Notice R 324 [21kb] Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) – GG 34198, 15 Apr 2011, Notice R324
  • 2011 08 26 – GG 34541 – Notice R 674 [168kb] Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) – Sport and Recreation South Africa – GG 34541, No R 674
  • 2011 07 08 – GG 34422 – Notice R 547 [1.17mb] Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) – Western Cape Provincial Government – GG 34422, 08 July 2011, Notice 547
  • 2011 08 26 – GG 34541 – Notice R 675 [125kb] Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) – Council for Medical Schemes – GG 34541, No R 675
  • 2011 04 15 – GG 34198 – Notice R 323 [ 54kb] Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) – GG 34198, 15 Apr 2011, Notice R323
  • 2011 04 15 – GG 34198 – Notice R 322 [16kb] Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) – GG 34198, 15 Apr 2011, Notice R322
  • 2011 04 15 – GG 34198 – Notice R 321 [19kb] Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) – GG 34198, 15 Apr 2011, Notice R321
  • 2011 04 15 – GG 34198 – Notice R 320 [24kb] Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) – GG 34198, 15 Apr 2011, Notice R320
  • 2010 – GG 33370, Notice R603 – Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1), LIMPOPO DEPARTMENT OF ECONOMIC DEVELOPMENT, ENVIRONMENT AND TOURISM
  • 2010 – GG 33350, Notice R586 – Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) – COUNCIL FOR MEDICAL SCHEMES
  • 2010 – GG 33265, Notice R501 – Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1)
  • 2010 – GG 33211, Notice R453: Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) – Form D (SITA)
  • 2010 – GG 33211, Notice R452: Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) – Gauteng Dept of Education
  • 2010 – GG 33211, Notice R451: Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) – Dept of Roads and Transport
  • 2010 – GG 33211, Notice R450: Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) – Form D (ICD)
  • 2010 – GG 33211, Notice R449: Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) Correction Notice – Form D (Office of the Premier, Gauteng)
  • 2010 – GG 33193, Notice R408: Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15(1)
  • 2010 – GG 33193, Notice R407: Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15(1)
  • 2010 – GG 33127, Notice R325, Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) – CITY OF CAPE TOWN MUNICIPALITY
  • 2010 – GG 33127, Notice R324, Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1) – SOUTH AFRICAN POLICE SERVICES
  • 2009 – GG 32838, 31 Dec 2009, Notice R1231– Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1)
  • 2009 – GG 32806, 18 Dec 2009, Notice R1185 – Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1)
  • 2009 – GG 32713, 20 Nov 2009, Notice R1080 – Promotion of Access to Information Act (2/2000): Description submitted in terms of section 15 (1)
  • 2009 – GG 32371, 10 Jul 2009, Notice R726 – Promotion of Access to Information Act (2/2000): Descriptions submitted in terms of section 15(1)
  • 2005 – GG 28107, RG 8325, GoN 991 – Promotion of Access to Information Act: Exemptions and determinations
  • 2005 – GG 25142, Notice R938 : Promotion of Access to Information Act 2000 (Act 2 of 2000): Exemption of Certain Private Bodies to Compile Manual
  • 2003 – Notice 25142 : Designation of Magistrates’ Courts under the definition of “Court” in the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)
  • 2003 – GG 25410, Notice 1243: Exemption of Private Bodies, Promotion of Access to Information Act, 2002 (Act 2 of 2000)
  • 2000 – GG 21362, Notice 2555: The implementation of the Promotion of Access to Information Act, 2000

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