Information Regulator: Update re PAIA compliance outcomes

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Information Regulator: Update re PAIA compliance outcomes

• 19 December 2025
• Law
• South African Accounting Academy

Summary:
The Information Regulator (IR) has informed the media about important updates regarding the Promotion of Access to Information Act (PAIA) compliance outcomes..

Article:

Last year, the IR conducted 80 PAIA compliance assessments across the public and private sectors, including social media companies, Parliament, provincial legislatures, constitutional bodies, and medical schemes.

One of the key findings was that many bodies still fail to make PAIA manuals publicly accessible, which is a criminal offence and hinders the public’s right to information.

The non-submission of PA annual reports remains a widespread problem, “undermining transparency and accountability”.

The annual reports provide information on the number of requests for access to information received and access granted or denied, among other access-to-information activities. The reports are critical for the Regulator to carry out its obligation to monitor and enforce compliance with PAIA.

There was a slight improvement in the submission of the 2024/25 annual reports by both private and public bodies compared with the previous 2023/24 period.

The IR received 91 096 reports from private bodies, compared with only 34 460 reports in the previous year. Public body submissions increased to 41.66% (2023/24: 33%). Of 853 public bodies, 358 submitted reports to the Regulator.

The Regulator is particularly concerned about the non-submission of reports by municipalities and Technical and Vocational Education and Training (TVET) colleges. Of 257 municipalities, only 69 submitted their annual reports – a 27% submission rate. Only six out of fifty TVET colleges submitted reports.

There was also a decline in the submission of reports by provincial government business enterprises – from 33% to 28%.

The Regulator had “robust engagements” with public and private bodies on their obligation to comply with PAIA on 29 September, when it commemorated the International Day for Universal Access to Information.

The Regulator is in the process of developing proposals for reforming PAIA to make it fit for purpose in the digital era and to strengthen their enforcement powers, including the ability to impose sanctions and administrative fines on those who contravene PAIA.

Click here to download the media document:

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.

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