PAIA compliance | Ensuring transparency in business
The Promotion of Access to Information Act, 02 of 2000 ("the Act") is the foundation to South Africa's commitment to transparency and accountability. The Act empowers individuals with the right to access information held by public and private bodies, when necessary for the exercise or protection of a right. The Act further promotes open governance by prescribing certain obligations, aimed at safeguarding the rights of individuals.
From 01 January 2022, all South African businesses, including companies, trusts, close corporations, NPO’s and individuals operating within a commercial capacity, are required to formulate and maintain a PAIA manual. The purpose of a PAIA manual is to outline the types of records an entity holds, the procedure for submitting an information request, and to further identify the person responsible for managing these requests.
This manual must be available at the business premises or online (if applicable), offering a guide to individuals who want to exercise their right to access information.
HOW TO HANDLE INFORMATION REQUESTS:
PAIA mandates a clear process for handling information requests, ensuring they are managed promptly and transparently.
Submitting a request for information:
Information requests must be submitted to an Organisation’s Information Officer using a prescribed form. This form requires the Requester to verify their identity, state the purpose of their request, and to specify their preferred format for receiving the information. The Requester must also detail their nominated address within the Republic of South Africa.
Processing a request for information:
Upon receiving a request for information, an Organisation has 30 days to decide whether to grant or deny access to the record sought. If access to the record is granted, the Requester is informed of any applicable fees, the form of access to be provided, as well as the Requester's right to dispute the fees or form of access granted before a Court of law.
For complex requests or where large volumes of records are sought, an Organisation may request an extension of time for an additional 30 days, if required.
Records unavailable or cannot be located:
If a requested record cannot be located or if it is believed to have been destroyed, the head of the Organisation must compile an affidavit (or affirmation) explaining the steps taken to locate the record, all efforts to determine its existence, and whom the Organisation liaised with throughout the course of attempting to locate the record requested.
Grounds for refusal:
PAIA specifies certain conditions under which access to information may be denied, including privacy protection for third parties, safeguarding confidential information, or for the protection of privileged records. If part of the information can be disclosed, the Organisation must redact the restricted section and release the remainder of the record.
Third-party involvement:
If a Requester seeks access to third-party information, the Organisation must notify the third-party concerned within 21 days of receiving the request, allowing them an opportunity to either consent or object to the release of information. The Organisation must then decide within 30 days of this notification, whether to grant or deny access to the information requested.
Dispute resolution:
Private entities do not have an internal appeal process in terms of the Act. If a requester or third party is dissatisfied with the decision of the Organisation, they may apply to the High Court within 30 days for relief.
COMPLIANCE DEADLINE & PENALTIES:
PAIA compliance deadlines are strictly enforced. As of 01 January 2022, all private entities must maintain a PAIA manual. Failing to comply with PAIA requirements can lead to criminal penalties, including fines or imprisonment of up to two years. While penalties have yet to be widely enforced, the Information Regulator has the authority to apply statutory sanctions for non-compliance, and there is an increasing focus on compliance among businesses.
THE VALUE OF PAIA COMPLIANCE:
Compliance with PAIA is not only a legal obligation but also a strategic opportunity for Organisations to build transparency and trust between all role players within their supply chain. By maintaining an accessible PAIA manual and adhering to information request procedures, businesses demonstrate accountability, foster good governance, and strengthen their reputation.
Ackermann Attorneys streamlines the PAIA compliance process, helping clients establish a framework that promotes transparency and accountability. For more information on how we can serve your needs, kindly complete a contact form on our website’s contact page.
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