What does PAIA mean for you?

PAIA gives you the right of access to:

1. any information held by the State; and
2. any information that is held by another person and that is required for the exercise or protection of any rights.

This means you can request access to information held by public bodies, as well as from a natural or juristic person (private body). In the case of a request for access to information held by a natural or juristic person, you have to indicate that the information requested is required for the exercise or protection of any rights.

The right of access to information is your right in terms of section 32 of the Constitution and PAIA gives effect to section 32, by amongst others:

1. providing and detailing the procedures that must be followed in order to make a request for information;
   
2. stating from whom you can make a request;
   
3. detailing the duties of the bodies, from whom you have made a request;
   
4. describing what information can be requested;
   
5. describing when the requested information must / may be refused;
   
6. describing what mechanisms and procedures are available to you if your request for access to information is refused.

A. Getting Information

How do you ask for information from a public body?

Once you have identified the information you want, as well as the public body from whom you wish to request this information, you must:

1. Complete Form A [PDF] (Found at any Public Body).
   
2. Submit Form A to the information officer of the public body either at his/her physical address, fax number or electronic mail address together with the request fee of R35 00. A request fee is not required to be paid, if it relates to personal information about you.

Who is the information officer of a public body?

1. In the case of a national government department, the information officer is the Director - General of that national department, e.g. For the Department of Safety and Security, the information officer is the Director - General of that Department;
   
2. In the case of a provincial administration, the information officer is the Director – General of that provincial administration, e.g. For the provincial department of Health in Gauteng, the information officer is the Director-General of the Gauteng province;
   Should there not be a Director – General appointed, then the Acting Director – General will be the information officer;
   
3. In the case of a municipality, the information officer is the municipal manager, or the person who is acting as such;
   
4. In the case of any other public body, the information officer is the chief executive officer or equivalent officer or the person who is acting as such, e.g. For the Human Rights Commission, the chief executive officer is the information officer.

B. How long must I wait before I receive the information requested?

1. The information officer has a period of 30 calendar days within which he/she must respond to your request.
   
2. Under certain circumstances, the information officer may extend the 30-day period once only, and for a further period of 30 days.

How will I be informed of the outcome of my request?

You will be informed by the information officer in writing of the decision whether to grant your request or not.

C.  When will my request for access to information be refused?

PAIA balances your right of access to information against the right of a public body to protect certain information. Thus PAIA allows the information officer, the right to refuse your request for information in certain circumstances. If, for example, the information officer decides that the information you have requested relates to the trade secrets of a third party which are not publicly available, he/she must refuse your request. 

What can I do if my request for information is refused?

1. If an information officer of a national department, provincial administration or municipality has refused your request for information; you can bring an internal appeal against the decision of the information officer with the relevant authority. In order to do this, you must complete Form B [PDF].
2. In the case of any other public body which has refused your request, you must apply to court for relief.

What if I am still unsuccessful in my internal appeal?
You may apply to court against the unsuccessful internal appeal to the relevant authority. You may also apply to court if you are:

1. aggrieved by the decision of the information officer to disallow the late lodging of an internal appeal;
   
2. aggrieved by the decision of an information officer of a public body, other than the information officer of a national department, provincial administration or municipality to refuse your request for access;
   
3. aggrieved by the decision of an information officer relating to fees required to be paid, the extension of the period within which to deal with the request or the form of access in which the information will be furnished.

D. What if I am successful in my request?

The information officer will inform you in writing of his / her decision to grant your request for access, and will advise you of the access fee to be paid. The access fee is usually the cost for making a copy of the information requested, in a specific form and for the time spent searching for the information.

E. Schedule of Fees to be paid for access to information from a public body

Exemption of certain persons from paying access fees

F. Information for Information Officers

In terms of PAIA, certain statutory duties are imposed upon information officers of public bodies.
Section 32 of PAIA requires every information officer to submit annually a report on certain statistics relating to PAIA in use.

Section 14 requires an information officer to compile a Manual on the function of and index of records held by your public body, in at least three official languages. This manual must, if necessary be updated every year.

Section 15 of PAIA provides that the information officer must once a year submit to the Minister of Justice and Constitutional Development, a description of the categories of records that are automatically available without a person having to request access.

G. How do I request information from a private body?

A private body for the purposes of PAIA is:

1. a natural person who carries or has carried on any trade, business or profession, but only in such a capacity;           
2. a partnership which carries or has carried on any trade, business or profession, but only in such a capacity;            
3. any former or existing juristic person.

Thus a sole proprietor, a partnership carrying on / carried on any trade, business or profession is a private body as well as company or close corporation or any other juristic person.

Once you have identified the information you want, as well as the private body from whom you wish to request this information, you must:

1. Complete Form C [PDF]
   
2. Submit Form C to the head of the private body either at his / her physical address, fax number or electronic mail address together with the request fee of R50, 00. A request fee is not required to be paid, if it relates to personal information about you.

H. How long must I wait before I receive the information from the private body?

1. The head of a private body has a period of 30 calendar days within which he / she must respond to your request.
2. Under certain circumstances, the head of a private body may extend the 30-day period once only, and for a further period of 30 days.

How will I be informed of the outcome of my request?

You will be informed by the head of the private body in writing, of the decision whether to grant your request or not.
 
I. When will my request for access to information be refused?

PAIA balances your right of access to information against the right of a private body to protect certain information. Thus PAIA allows the private body the right to refuse your request for information in certain circumstances. If for example, the head of the private body decides that the information you have requested relates to certain confidential information of a third party, he/she must refuse your request for access to information, if the disclosure thereof would amount to a breach of a duty of confidence owed to the third party in terms of an agreement. 

What can I do if my request for information is refused?

You may apply to court for relief. You may also to apply to court for relief regarding the decision of the head of a private body:            

1. to extend the period to deal with your request;
2. on the access fee required to be paid; or
3. on the form in which access will be given.

J. What if I am successful in my request?

The head of a private body will inform you in writing of his / her decision to grant your request for access, and will advise you of the access fee to be paid. The access fee is usually the cost for making a copy of the information requested, in a specific form and for the time spent searching for the information.

K.  Schedule of Fees to be paid for access to information from a private body

L. Information for heads of private bodies

A head of a private body must compile a manual in terms of section 51 of PAIA. The manual must be made available as prescribed in Regulation 9.

Example of a Section 51 Manual