COMPLIANCE NOTICE IN TERMS OF SECTION 83(3)(d) OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
In accordance with the Protection of Personal Information Act 4 of 2013, the Information Regulator is a statutory body tasked with various responsibilities, including monitoring and enforcing compliance with the Promotion of Access to Information Act 2 of 2000 (PAIA) by both public and private entities.
Recently, the Minister of Justice and Correctional Services, on 27 August 2021, introduced the PAIA Regulations. These regulations, under regulation 17(1), have repealed several forms, including:
• Form A (Request for access to record of a public body),
• Form B (Notice of Internal Appeal), and
• Form C (Request for access to record of private body).
However, the Information Regulator has observed that certain public and private organizations still have these outdated forms on their websites. This practice is obstructing the right of access to information, which is a fundamental right. Therefore, in line with section 83(3)(d) of PAIA, a notice has been issued to ensure compliance.
Public and private bodies are hereby required to upload the following prescribed forms to their websites promptly:
• Form 02: Request for Access to Record in terms of Regulation 7 - Applicable to both Public and Private Bodies.
• Form 03: Outcome of Request and Fees Payable in terms of Regulation 8 - Applicable to both Public and Private Bodies.
• Form 04: Internal Appeal Form in terms of Regulation 9 - Applicable to Public Bodies only.
This action is taken to guarantee that access to records, both in the public and private sectors, is provided promptly, cost-effectively, and with ease. All public and private bodies are expected to comply with this directive by uploading the prescribed PAIA Forms to their websites within a fourteen (14) day period from the publication of this notice, i.e. on / before Friday 20 October 2023.
by: Horizon Compliance team