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Information Regulator: Cases referred to SAPS over PAIA non-compliance
- 18 December 2025
- Law
- South African Accounting Academy
Summary:
The Information Regulator (IR) has referred several cases to the South African Police Service (SAPS) against information officers for failing to comply with its enforcement notices.
Article:
This is a notable shift in how the IR is approaching compliance with the Promotion of Access to Information Act (PAIA) and “has significant personal consequences for individuals who have been appointed as information officers or heads of private bodies”.
Upon conviction, an information officer or the head of a private body may be liable to a fine or imprisonment for up to 3 years, or both.
The Regulator provided the media with an extensive briefing on high-profile cases related to the Protection of Personal Information Act and PAIA, as well as other compliance-related matters.
The Regulator has referred the following 3 PAIA-related cases to SAPS:
- OUTA versus RTMC
- Pieter-Louis Myburgh versus State Security Agency
- Kudung Communal Property Association
Other high-profile cases include:
- Release of Zuma’s tax records Refer to our previous Alert dated 18 November 2025
- Oceana Empowerment Trust dispute
- Battle with tech giants over jurisdiction
- DA complaint against Gauteng Premier Panyaza Lesufi's office
Click here to access the media article for more information:
https://www.moonstone.co.za/information-regulator-turns-to-saps-over-paia-non-compliance/
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, and other relevant information of interest.
- 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, and other relevant information of interest.