Open Records Laws › South Africa

South Africa

Promotion of Access to Information Act (PAIA)

Act No. 2 of 2000

RTI Rating: 118 (source)

Response Timeline

Initial Response
30 days
Extension
30 days
Residency Required
False

30 calendar days from receipt (Section 25(1)). One extension of up to 30 days if request requires search through large volume of information, or consultation with another body (Section 26). Deemed refusal if no response within deadline (Section 27).

No residency or citizenship requirement. Section 11 grants the right to "any person" to request access. Constitutional right under Section 32 of the Constitution.

How to Submit a Request

Accepted Methods

  • {'method': 'Prescribed Form', 'details': 'Request must be made on Form A (for public bodies) or Form C (for private bodies) as prescribed by regulation.'}
  • {'method': 'In Person', 'details': 'At the offices of the relevant public or private body, directed to the Information Officer.'}
  • {'method': 'Mail', 'details': 'Postal mail to the Information Officer of the body.'}
  • {'method': 'Email/Fax', 'details': 'Electronic submission accepted by many bodies.'}

Fees

Exemptions

  • Privacy
    Unreasonable disclosure of personal information of third party (Section 34)
  • Life/Safety
    Records that could endanger life or safety of an individual (Section 33)
  • Law Enforcement
    Records relating to law enforcement proceedings (Section 39)
  • Legal Privilege
    Legally privileged records (Section 40)
  • Defence/Security
    Records relating to defence, security, and international relations (Section 41)
  • Economic Interests
    Economic interests and financial welfare of the Republic (Section 42)
  • Government Operations
    Operations of public bodies and proper functioning of government (Section 44)
  • Commercial Information
    Trade secrets and commercial/financial information of third parties (Section 36)
  • Research
    Records of research information of third party or public body (Sections 37, 43)
  • Cabinet/Executive
    Records of the deliberations of Cabinet and Executive Council (Section 44(1)(a))

Appeal Process

1

Step 1

Appeal to relevant authority (head of body or minister) within 60 days of refusal (Section 74-77). Decision within 30 days.

2

Step 2

Complaint to the Information Regulator for investigation and enforcement. May issue compliance notices (POPIA amendment).

3

Step 3

Application to High Court within 180 days of internal appeal decision (Section 78). Court may grant access and award costs.

Request Templates

Standard Request (Form A)

In terms of Section 18 of the Promotion of Access to Information Act, No. 2 of 2000, I hereby request access to the following record(s): [DESCRIPTION]. Preferred form of access: [FORMAT]. I am prepared to pay the prescribed fees. [NAME, ID NUMBER, ADDRESS, EMAIL, PHONE].

Records Retention

Retention Law
National Archives and Records Service of South Africa Act
Authority
National Archives and Records Service of South Africa (NARSSA)

National Archives and Records Service of South Africa Act 43 of 1996

View retention law →

Retention schedule catalog →

Act 43 of 1996 transformed the former State Archives Service into NARSSA, regulating records management practices of all governmental bodies. No public records may be disposed of without approval from the National Archives.

Sources & References