PAIA Regulations 2021

09 September 2021
South African Accounting Academy

The main purpose of the Regulations is to align the previous PAIA regulations with POPIA given that, as per section 114(4) of POPIA, the Information Regulator has stepped into the shoes of the South African Human Rights Commission (“SAHRC“), which became effective on 30 June 2021.

Some of the key changes introduced by the Regulations relate to the functions and procedures of the Information Regulator.

In addition, the Regulations also contain further duties of Information Officers some of which are linked to the functions of the Information Regulator. Here are some that are important for Information Officers to take note of:

The Information Regulator must publish and make available a guide on how to use PAIA
- Regulation 3 of the new regulations now requires an Information Officer to have a copy of the guide available for public inspection in at least two of the official languages at his/her registered head office
- An Information Officer must on written request, in the prescribed format, provide copies of the guide in the official language of the person requesting the copies
- An Information Officer may not charge a fee for a copy of the guide or for the inspection of a copy of the guide
It is the duty of Information Officers to compile and keep a description of the categories of records that are voluntarily disclosed or automatically available
- An Information Officer of a public body “must” compile and keep a description of the categories of records that are automatically available without a requester having to request same; and
- An Information Officer of a private body “may” compile and keep a description of the categories of records that are voluntary disclosed or automatically available without a requester having to request same
Information Officers must communicate and render assistance to requesters of information
The role of an Information Officer in the investigation of complaints by the Information Regulator:
- An Information Officer will be afforded 20 working days after the receipt of the complaint from the Information Regulator to respond to the complaint and produce any item or document on which he/she based his or her decision on in a manner the Information Regulator requests

Click here to download the PAIA Regulations:

https://www.justice.gov.za/legislation/notices/2021/20210827-gg45057gon757-PAIAregulations.pdf

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