Picture: for illustration purposes

PAIA and POPIA Implementation Gets a Boost in South Africa

Published October 26, 2023
1 years ago

On July 1 2021, landmark provisions of the Protection of Personal Information Act known commonly as POPIA, came into effect in South Africa. These provisions are targeted at safeguarding personal information from potential misuse, thus building an array of compliance measures. Along with the implementation of POPIA, the mandate for the Information Regulator to oversee the Promotion of Access to Information Act (PAIA) was also activated.


The role of the Information Regulator emanates directly from the state that makes it responsible for effectuating POPIA's mandates. This entity became the custodian of PAIA, monitoring compliance, reporting to the National Assembly, and making recommendations to enhance access to information. This shift anticipates aiding the public to harness their right to access information from state and private bodies better.


The Access to Information Network (ATI Network), groups South African civil society and media organizations. Their focused interests range between electoral justice, education, environmental issues, investigative journalism, anti-corruption activism, and social security. The ATI Network tirelessly works yearly on a shadow report, highlighting PAIA’s implementation from organizations that regularly utilize the rights within the Act.


Over the years, the PAIA has been criticised for its limitations. The ATI Network's Shadow Reports have documented several issues, including compliance delays, incomplete or inaccurate records, inappropriate application of denial grounds, and unsatisfactory enforcement mechanisms obstructing PAIA's objectives.


The Information Regulator has several tasks lined up. The International Day for Universal Access to Information on September 28th 2021 was a moment to reflect on the importance of enhancing access to information. The ATI Network invited the Regulator for a webinar, where their role in relation to PAIA was dissected.


The Regulator will be developing and issuing guidance resources on how to make information electronically available, conducting education campaigns, and considering complaints about non-compliance. The Regulator also plans to assume command over determining PAIA's regulations, which currently falls under the Minister of Justice's purview, requiring an amendment to the Act. In this era of accelerated information, the changes brought about by PAIA and POPIA aim at strengthening the strands of democracy via access to information.


Seeing that PAIA’s obligations lay with all entities, public and private, fostering an accountability and compliance ecosystem will help fulfil the right of access to information. As a result, we all have the responsibility - civil society, the Regulator, the private sector, and government - to achieve a right free for all citizens; access to information.



Leave a Comment

Rate this article:

Please enter email address.
Looks good!
Please enter your name.
Looks good!
Please enter a message.
Looks good!
Please check re-captcha.
Looks good!
Leave the first review