InfoReg: Non-Compliance with PAIA Forms

InfoReg: Non-Compliance with PAIA Forms

• 05 September 2025
• Law
• South African Accounting Academy

Summary:

The Information Regulator of South Africa sent out a notice on 31 August 2025, to Information Officers, Heads of Private Bodies and Deputy Information Officers regarding non-compliance with PAIA forms.

Article:

This email with the title “Important Notice: Non-Compliance with PAIA Forms” was sent to virtually every organisation registered with them (approximately 105,000 organisations). On first reading, the immediate reaction is fear. 

Employers are urged to not panic regarding this communication. This is a generic communication which serves to merely notify Information Officers, Deputy Information Officers, and Heads of Private Bodies, to utilise the correct PAIA Request Form (Form 2) when processing requests for access to information as, according to the Regulator, the continued use of the incorrect forms impedes on the requesters’ ability to access information. The regulator is frustrated because they have asked this many times.

To remain compliant, employers should therefore ensure that their PAIA manual is up-to-date and that it refers to the new form to ensure that persons use the updated form when requesting access to information.

The core message: Use Form 2 – or face non-compliance! Every information officer should immediately ensure that outdated Form A is purged from internal and public-facing systems and replaced with Form 2.

Essentially, the regulator wants you to inform people to use the new, correct PAIA Request Form 2, rather than the old one, when they request access to information from your organisation.  Form 2 is only used when a member of the public formally requests access to records from your organisation.

What should you do about the Important Notice: Non-Compliance with PAIA Forms?

1. Inform people about the correct form by checking your PAIA manual to ensure you refer to the new form - available at https://inforegulator.org.za/wp-content/uploads/2020/07/InfoRegSA-PAIA-Form02-Reg7.pdf 
2. Have an up-to-date PAIA Manual.
3. Link to the right form by checking your website to see if there are any links to the old form.
4. Don’t use the old form by searching your system to remove any electronic copies of the old form, and search your offices to check there are no physical copies of the old form.

Click here to download the notice:

https://mcusercontent.com/7af202f977bc5dbad675398d7/files/490e8b25-dd40-d193-abb9-2697d7faa5bd/PAIANotice31August2025.02.pdf 

Relevance to Auditors, Independent Reviewers & Accountants:

• PAIA is another piece of legislation that your clients must comply with, and which you must assess compliance with.  If they don’t comply with the relevant laws and regulations, you have certain reporting obligations in terms of NOCLAR (NOn-Compliance with Laws And Regulations) – this could include reporting to management, qualifying your audit opinion, reporting a Reportable Irregularity, etc.
• As an auditor, accountant and independent reviewer, you need to consider updated information that is published by the Information Regulator (as they are responsible for PAIA in SA) – especially as it relates to operational functionalities, such as the keeping of an updated PAIA Manual.
• As an employer, you also need to comply with PAIA in your workplace.

Relevance to Your clients:

• Both private and public bodies have a duty to comply with PAIA, and directors have to fulfil their duties accordingly, otherwise they could be held liable.
• Your clients need to consider updated information that is published by the Information Regulator (as they are responsible for POPIA and PAIA in SA) – especially as it relates to operational functionalities, such as the keeping of an updated PAIA Manual.

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