Information Regulator: Submission of annual PAIA reports due by 30 June 2024

Information Regulator: Submission of annual PAIA reports due by 30 June 2024

• 03 May 2024
• Regulatory Compliance and Legislation
• South African Accounting Academy

Information Officers and Heads of Private Bodies are urged to submit their PAIA Section 32 and Section 83(4) reports for the 2023-2024 financial year by 30 June 2024.

These reports indicate to the Information Regulator the number, type and outcomes of access to information requests received by the private or public body.

An online portal (eServices portal on https://eservices.inforegulator.org.za) for submission can be accessed on the Regulator’s website, https://inforegulator.org.za. The portal is live from 1 May 2024 and will close on 30 June 2024. In order to be able to submit the PAIA Annual report, the public body IO and private body HPB or DIO must be registered with the Regulator.

Section 32 of PAIA requires Information Officer of each Public Body to submit annually to the Information Regulator a report stating all requests received & processed by the Public Body.

Section 83(4) of PAIA empowers the Regulator to request the head of a Private Body to furnish it with reports about requests for access to records of the Private Body.

A User Manual for PAIA Section 32 Report can be accessed at https://inforegulator.org.za/wp-content/uploads/2020/07/Manual-for-PAIA-Section-32-Report.pdf

Media Statement = https://inforegulator.org.za/wp-content/uploads/2020/07/Final-Media-Statement-PAIA-Annual-Report-Submission.pdf

Step-by-step guides on how to submit the PAIA Annual Report, and register the IO, HPB and DIO is available on the eServices Portal. Should public and private bodies experience technical challenges, the PAIA technical support team can be contacted on [email protected] or (010) 023 5200. For any general enquiries kindly contact Adv. Makhwedi Makgopa-Madisa at [email protected] or Ms Nokwanda Molefe at [email protected].

In addition to the submission of the PAIA reports, the Information Regulator has recently circulated an email, indicating that all the current registered Information Officer and/or Deputy Information Officer(s) will have to start the whole registration process over again on the new portal.

Businesses are advised NOT TO ATTEMPT TO REGISTER THEIR INFORMATION OFFICERS PRIOR TO THE LAUNCH OF THE NEW PORTAL, as it seems the current online portal of the Regulator is DEFECTIVE AND UNSAFE for the submission of information.

Click here to download the Notice:

https://inforegulator.org.za/wp-content/uploads/2020/07/Notice-to-Information-Officers-and-Head-of-Private-Bodies-Submission-of-Access-to-Information-Annua.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 and annual reporting obligation.
• As a Private Body, you also need to comply with PAIA in your organisation.

Relevance to Your clients:

• All private and public bodies (company or close corporation) have a duty to comply with PAIA, 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 annual reporting obligation.

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