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Table of Contents
Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)
Notice No. 95 of 2000
Act
Preamble
Part 1 : Introductory Provisions
Chapter 1 : Definitions and Interpretation
1. Definitions
2. Interpretation of Act
Chapter 2 : General Application Provisions
3. Act applies to record whenever it came into existence
4. Records held by official or independent contractor of public or private body
5. Application of other legislation prohibiting or restricting disclosure
6. Application of other legislation providing for access
7. Act not applying to records requested for criminal or civil proceedings after commencement of proceedings
8. Part applicable when performing functions as public or private body
Chapter 3 : General Introductory Provisions
9. Objects of Act
10. Guide on how to use Act
Part 2 : Access to Records of Public Bodies
Chapter 1 : Right of Access, and Specific Application Provisions
11. Right of access to records of public bodies
12. Act not applying to certain public bodies or officials thereof
13. Body determined to be part of another public body
Chapter 2 : Publication and Availability of Certain Records
14. Manual on functions of, and index of records held by, public body
15. Voluntary disclosure and automatic availability of certain records
16. Information in telephone directory
Chapter 3 : Manner of Access
17. Designation of deputy information officers, and delegation
18. Form of requests
19. Duty to assist requesters
20. Transfer of requests
21. Preservation of records until final decision on request
22. Fees
23. Records that cannot be found or do not exist
24. Deferral of access
25. Decision on request and notice thereof
26. Extension of period to deal with request
27. Deemed refusal of request
28. Severability
29. Access and forms of access
30. Access to health or other records
31. Language of access
32. Reports to the Information Regulator
Chapter 4 : Grounds for Refusal of Access to Records
33. Interpretation
34. Mandatory protection of privacy of third party who is natural person
35. Mandatory protection of certain records of South African Revenue Service
36. Mandatory protection of commercial information of third party
37. Mandatory protection of certain confidential information, and protection of certain oth
38. Mandatory protection of safety of individuals, and protection of property
39. Mandatory protection of police dockets in bail proceedings, and protection of law enfor
40. Mandatory protection of records privileged from production in legal proceedings
41. Defence, security and international relations of Republic
42. Economic interests and financial welfare of Republic and commercial activities of publi
43. Mandatory protection of research information of third party, and protection of research
44. Operations of public bodies
45. Manifestly frivolous or vexatious requests, or substantial and unreasonable diversion o
46. Mandatory disclosure in public interest
Chapter 5 : Third Party Notification and Intervention
47. Notice to third parties
48. Representations and consent by third parties
49. Decision on representations for refusal and notice thereof
Part 3 : Access to Records of Private Bodies
Chapter 1 : Right of Access
50. Right of access to records of private bodies
Chapter 2 : Publication and Availability of certain records
51. Manual
52. Voluntary disclosure and automatic availability of certain records
52A Recording, preservation and disclosure of records on private funding of political parties
Chapter 3 : Manner of Access
53. Form of request
54. Fees
55. Records that cannot be found or do not exist
56. Decision on request and notice thereof
57. Extension of period to deal with request
58. Deemed refusal of request
59. Severability
60. Form of access
61. Access to health or other records
Chapter 4 : Grounds for Refusal of Access to Records
62. Interpretation
63. Mandatory protection of privacy of third party who is natural person
64. Mandatory protection of commercial information of third party
65. Mandatory protection of certain confidential information of third party
66. Mandatory protection of safety of individuals, and protection of property
67. Mandatory protection of records privileged from production in legal proceedings
68. Commercial information of private body
69. Mandatory protection of research information of third party, and protection of research
70. Mandatory disclosure in public interest
Chapter 5 : Third Party Notification and Intervention
71. Notice to third parties
72. Representations and consent by third parties
73. Decision on representations for refusal and notice thereof
Part 4 : Appeals against Decisions
Chapter 1 : Internal Appeals against Decisions of Information Officers of Certain Public Bodies
74. Right of internal appeal to relevant authority
75. Manner of internal appeal, and appeal fees
76. Notice to and representations by other interested persons
77. Decision on internal appeal and notice thereof
Chapter 1A : Complaints to Regulator
77A. Complaints
77B. Modes of complaints to Regulator
77C. Action on receipt of complaint
77D. Regulator may decide to take no action on complaint
77E. Pre-investigation proceedings of Regulator
77F. Settlement of complaints
77G. Investigation proceedings of Regulator
77H. Assessment
77I. Information Notice
77J. Enforcement Notice
77K. Non-compliance with Enforcement Notice
Chapter 2 : Applications to Court
78. Applications regarding decisions of information officers or relevant authorities of public bodies or heads of private bodies or Regulator
79. Procedure
80. Disclosure of records to, and non-disclosure by, court
81. Proceedings are civil
82. Decision on application
Part 5 : Information Regulator
83. Additional functions of Information Regulator
84. Report to National Assembly by Information Regulator
85. Expenditure of Information Regulator in terms of Act
Part 6 : Transitional Provisions
86. Application of other legislation providing for access
87. Extended periods for dealing with requests during first two years
88. [Repealed]
Part 7 : General Provisions
89. Liability
90. Offences
91. Amendment of Public Protector Act 23 of 1994
91A. Designation and training of presiding officers
92. Regulations
93. Short title and commencement
Schedules
Part 1 (Section 6(a))
Part 2 (Section 6(b))
Regulations
[Repealed] Regulations regarding the Promotion of Access to Information
Notice No. R. 187 of 2002
Chapter 1 : General Provisions
1. Definition
2. Availability of guide
3. Distribution of guide
3A. Offences and penalties
Chapter 2 : Access to Records of Public Bodies
4. Availability of manual: Public body
5. The Human Rights Commission
5A. Voluntary disclosure and automatic availability of certain records: public body
6. Form of request
7. Fees for records of public body
8. Notice of internal appeal
Chapter 3 : Access to Records of Private Bodies
9. Availability of manual: Private body
9A. Voluntary disclosure and automatic availability of certain records: private body
9B. Availability of records of political parties
10. Form of request
11. Fees for records of private body
Chapter 3A : Tabling of Report in terms of Section 91A(7) of the Act
11A. Tabling of report
Chapter 4 : Repeal and Commencement
12. Repeal
13. Commencement
Annexures
Annexure A : General: Value-Added Tax
Part I : Fees in respect of guide
Part II : Fees in respect of Public Bodies
Part III : Fees in respect of Private Bodies
Annexure B
Form A : Request for Access to Record of Public Body
Form B : Notice of Internal Appeal
Form C : Request for Access to Record of Private Body
Form D : Automatically available records and access to such records
Form E : Automatically available records and access to such records
Regulations relating to the Promotion of Access to Information, 2021
Notice No. R. 757 of 2021
Chapter 1 : General
1. Definitions
Chapter 2 : Availability of Guide
2. Obligations of Information Regulator
3. Obligations of Information Officer
Chapter 3 : Access to Information
4. Automatic availability of certain records of public bodies
5. Voluntary disclosure and automatic availability of certain records of private bodies
6. Availability of records of political parties
7. Request for access to information
8. Outcome of request and fees payable
9. Internal appeal against decision of information officer of public body
Chapter 4 : Complaints to Information Regulator
10. Lodging of complaints
11. Procedure regarding investigation of complaints
12. Settlement of matter
13. Conciliation of matter
14. Assessment
Chapter 5 : Miscellaneous
15. Electronic communication
16. Offences and penalties
17. Repeal and transitional provisions
18. Short title
Annexures
Annexure A : Forms
Form 1 - Request for a copy of the guide
Form 2 - Request for access to record
Form 3 - Outcome of request and of fees payable
Form 4 - Lodging of an internal appeal
Form 5 - Lodging of complaint
Form 6 - Acknowledgement of receipt of complaint
Form 7 - Notification to information officer
Form 8 - Development and outcome of investigation
Form 9 - Settlement meeting
Form 10 - Settlement certificate
Form 11 - Conciliation of matter
Form 12 - Conciliation certificate
Form 13 - Request for an assessment
Form 14 - Notice of *request/Information Regulator's own decision to do an assessment
Form 15 - Decision with regards to conducting an assessment
Form 16 - Decision with regards to assessment
Annexure B : Fees
Rules
Promotion of Access to Information Rules
Notice No. R. 965 of 2009
1. Definitions
2. Procedure in an application to court in terms of the Act
3. Applications
4. Representations
5. Court fees
6. Short title
7. Commencement
Annexure
Notice of Motion
Rules of Procedure for Application to Court
Notice No. R.1284 of 2019
1. Definitions
2. Procedure in an application to court in terms of the Act
3. Applications
4. Ex Parte Representations
5. Repeal of rules
6. Short title
7. Commencement
Notices
Description submitted in terms of section 15(1)
Department of Provincial and Local Government
Notice No. 240 of 2007
Form D : Automatically available records and access to such records
Notice No. R. 96 of 2008
Form D : Automatically available records and access to such records
Armaments Corporation of South Africa Ltd
Notice No. R. 380 of 2008
Form D : Automatically available records and access to such records
Limpopo Provincial Government: Department of Economic Development, Environment and Tourism
Notice No. R. 381 of 2008
Form D : Automatically available records and access to such records
Council for Medical Schemes
Notice No. R. 1094 of 2009
Form D : Automatically Available Records and Access to such Records
Department of Justice and Constitutional Development
Notice No. R. 1185 of 2009
Form D : Automatically available records and access to such records
Proclamation
Proclamation No. 22 of 2019
KwaZulu-Natal Department of Transport
Notice 269 of 2019
Form D : Automatically available records and access to such records
KwaZulu-Natal Department of Agriculture and Rural Development
Notice No. 581 of 2019
Form D : Automatically available records and access to such records
Department of Co-operative Governance
Notice 270 of 2019
Form D : Automatically available records and access to such records
Council for Medical Schemes
Notice 386 of 2019
Form D : Automatically available records and access to such records
South African Police Service
Notice 387 of 2019
Form D : Automatically available records and access to such records
Department of International Relations and Cooperation
Notice 388 of 2019
Form D : Automatically available records and access to such records
Department of Small Business
Notice 478 of 2019
Form D : Automatically available records and access to such records
Limpopo Department of Social Development
Notice 479 of 2019
Form D : Automatically available records and access to such records
Free State Provincial Government: Office of the Premier
Notice 480 of 2019
Form D : Automatically available records and access to such records
Free State Department of Provincial Treasury
Notice 481 of 2019
Form D : Automatically available records and access to such records
Free State Department of Public Works and Infrastructure
Notice 482 of 2019
Form D : Automatically available records and access to such records
Free State Department of Sport, Arts, Culture and Recreation
Notice 483 of 2019
Form D : Automatically available records and access to such records
Free State Department of Social Development
Notice 484 of 2019
Form D : Automatically available records and access to such records
Free State Department of Police, Roads and Transport
Notice 485 of 2019
Form D : Automatically available records and access to such records
Free State Department of Human Settlements
Notice 486 of 2019
Form D : Automatically available records and access to such records
Free State Department of Health
Notice 487 of 2019
Form D : Automatically available records and access to such records
Free State Department of Education
Notice 488 of 2019
Form D : Automatically available records and access to such records
Free State Department of Economic and Small Business Development, Tourism and Environmental Affairs
Notice 489 of 2019
Form D : Automatically available records and access to such records
Free State Department of Co-operative Governance and Traditional Affairs
Notice 490 of 2019
Form D : Automatically available records and access to such records
Free State Department of Agriculture and Rural Development
Notice 491 of 2019
Form D : Automatically available records and access to such records
Department of Agriculture, Forestry and Fisheries
Notice No. 26 of 2020
Form D : Automatically available records and access to such records
Department of Tourism
Notice No. 27 of 2020
Form D : Automatically available records and access to such records
South African Police Service
Notice No. 593 of 2020
Categories of Records Automatically Available
Department of Human Settlements
Notice No. 594 of 2020
Form D : Automatically available records and access to such records
Council for Medical Schemes
Notice No. 595 of 2020
Form D : Automatically available records and access to such records
Road Accident Fund
Notice No. 596 of 2020
Form D : Automatically available records and access to such records
Department of Small Business Development
Notice No. 597 of 2020
Section 15 Report : Voluntary disclosure and automatic availability of records
Department of International Relations and Cooperation
Notice No. 598 of 2020
Form D : Automatically available records and access to such records
uMhlathuze Municipality
Notice No. 599 of 2020
Voluntary disclosure and automatic availability of records
Swartland Municipality
Notice No. 600 of 2020
Form D : Automatically available records and access to such records
Limpopo Provincial Treasury
Notice No. 615 of 2020
Form D : Automatically available records and access to such records
Free State Provincial Government: Department of Human Settlements
Notice No. 640 of 2020
Form D : Automatically available records and access to such records
Free State Provincial Government: Department of Provincial Treasury
Notice No. 641 of 2020
Form D : Automatically available records and access to such records
Department of Defence
Notice No. 643 of 2020
Automatically available records and access to such records
Appendix A : List of Declassified Records in the DOD Archives
Department of Trade, Industry and Competition
Notice No. 644 of 2020
Description of category of records automatically available in terms of Sec 15(1)(a) of the Act
Free State Provincial Government: Department of Agriculture and Rural Development
Notice No. 645 of 2020
Form D : Automatically available records and access to such records
Free State Provincial Government: Department of Co-operative Governance and Traditional Affairs
Notice No. 646 of 2020
Form D: Automatically available records and access to such records
Free State Provincial Government: Department of Economic and Small Business Development, Tourism and Environmental Affairs
Notice No. 647 of 2020
Form D: Automatically available records and access to such records
Free State Provincial Government: Department of Education
Notice No. 648 of 2020
Form D: Automatically available records and access to such records
Free State Provincial Government: Department of Health
Notice No. 649 of 2020
Form D: Automatically available records and access to such records
Free State Provincial Government: Department of Police, Roads and Transport
Notice No. 650 of 2020
Form D: Automatically available records and access to such records
Free State Provincial Government: Office of the Premier
Notice No. 651 of 2020
Form D: Automatically available records and access to such records
Free State Provincial Government: Department of Public Works and Infrastructure
Notice No. 652 of 2020
Form D: Automatically available records and access to such records
Free State Provincial Government: Department of Social Development
Notice No. 653 of 2020
Form D: Automatically available records and access to such records
Free State Provincial Government: Department of Sport, Arts, Culture and Recreation
Notice No. 654 of 2020
Form D: Automatically available records and access to such records
Department of Basic Education
Notice No. 722 of 2020
Form D: Automatically available records and access to such records
KwaZulu-Natal Department of Agriculture and Rural Development
Notice No. 723 of 2020
Form D: Automatically available records and access to such records
uMhlathuze Municipality
Notice No. 234 of 2021
Form D: Automatically available records and access to such records
Department of Higher Education and Training
Notice No. 270 of 2021
Form D: Automatically available records and access to such records
Mpumalanga Department of Co-operative Governance and Traditional Affairs
Notice No. 301 of 2021
Form D : Automatically available records and access to such records
The Presidency
Notice No. 398 of 2021
Form D : Automatically available records and access to such records
Department of Science and Technology
Notice No. 514 of 2021
Form D : Automatically available records and access to such records
Promotion of Access to Information (PAIA) Manual
Notice No. 1076 of 2020
Foreword
Acronyms
Definition of terms
1. Introduction
2. Objectives of the Act
3. Purpose of the Manual
4. Guide on how to use PAIA (section 10)
5. Contact Information
5.1 Information Officer
5.2 Deputy Information Officer
5.3 PAIA Unit
5.4 General information
6. Legislative Mandate informing the Functions of the Department (updated in line with the revised Strategic Plan)
7. Functions and Structure of the Department of Human Settlements
7.1 Strategic Overview
7.2 Organisational Structure of the Department
7.3 Services rendered by the Department
7.4 Programmes of the Department
8. Access to Records held by the Department
9. Procedure for Requesting Access to Information
9.1 Who can request information?
9.2 Manner of accessing information
9.3 Formal requests as per PAIA requirements
9.4 Turnaround times for attending to requests
9.5 Fees
10. Refused Access and Appeals
10.1 Grounds for Refusal
10.2 Mandatory Disclosure in Public Interest
10.3 Deemed Refusal of a Request
10.4 Remedies if Request for Access is Refused
10.5 Application to Court
11. Availability of Manual
12. Update and Review of Manual
Exemption of certain private bodies from compiling the Manual
Notice No. 1354 of 2020
Notice No. 397 of 2021
Promotion of Access to Information Act, 2000 (Act No. 2 of 2000): Regulations relating to the Promotion of Access to Information, 2021
Notice No. 1504 of 2021
Exemption from Compilation, Publication and making available of Manual in terms of the Promotion of Access to Information Act, 2000
Notice No. 3443 of 2023
Board Notices
Promotion of Access to Information Manual in terms of Section 14 of the Promotion of Access to Information Act, 2 of 2000
Board Notice 73 of 2021
1. The Structures and Functions of the South African Pharmacy Council
2. Structure of Council
3. Objects and Functions of Council 3
4. Contact Details of the SAPC and the Information Officer
5. The Human Rights Commission Guide in terms of Section 14(1)(c) of PAIA
6. Records held by the SAPC
7. Records that will be made available subject to a formal request
8. Records that are available without formal request
9. Access to records and procedure for requesting access to information
10. Remedies available if request for information is refused
11. Availability of the Manual
Promotion of Access to Information Manual in terms of Section 14 of the Promotion of Access to Information Act, 2000
Board Notice 84 of 2021
Preamble
A. Particulars in terms of Section 14 of the Act
1. Functions of the IRBA [Section 14(1)(a)]
2. Structure of the IRBA [Section 14(1)(a)]
3. Contact details for Information Officers [Section 14(1)(b)]
4. Guide in terms of Section 10 of the Act [Section 14(1)(c)]
5. Procedures to request access to information/records [Section 14(1)(d)]
6. Subjects on which the IRBA holds records and the categories of records held [Section 14(1)(d)]
7. Automatic disclosure in terms of Section 15 of the Act
8. Description of services available to members of the public and how to gain access to these [section 14(1)(f)]
9. Participation in the formulation of the policy/exercise of powers/performance of duties [Section 14(1)(g)]
10. Description of remedies available in respect of an Act or a failure to act by the IRBA [Section 14(1)(h)]
11. Other information as prescribed in terms of the Act [Section 14(1)(l)]
12. Updating of the Manual [Section 14(2)]
13. Availability of the Manual [Section 14(3)]
14. Exemption from any provision of Section 14 of the Act [Section 14(5)]
15. Payment method
B. Prescribed fees for records held by a public body, as stipulated in the current regulations to the Act
C. Forms
Form A : Request for Access to Record of Public Body (J750)
Form B : Notice of Internal Appeal (J751)
Form 1 : Objection to the processing of personal information in terms of Section 11(3) of the Protection of Personal Information Act, 2013
Form 2 : Request for correction or deletion of personal information or destroying or deletion of record of personal information in terms of Section 24(1) of the Protection of Personal Information Act, 2013
Promotion of Access to Information Manual in terms of Section 14 of the Promotion of Access to Information Act 2 of 2000
Board Notice 228 of 2022
Preamble
A. Particulars in terms of Section 14 of the Act
1. Functions of the IRBA [Section 14(1)(a)]
2. Structure of the IRBA [Section 14(1)(a)]
3. Contact Details for Information Officers [Section 14(1)(b)]
4. Guide in terms of Section 10 of the Act [Section 14(1)(c)]
5. Procedures to request Access to Information/Records [Section 14(1)(d)]
6. Subjects on which the IRBA holds records and the categories of records held [Section 14(1)(d)]
7. Automatic Disclosure in terms of Section 15 of the Act
8. Description of services available to members of the public and how to gain access to these [section 14(1)(f)]
9. Participation in the formulation of the policy/exercise of powers/performance of duties [Section 14(1)(g)]
10. Description of remedies available in respect of an act or a failure to act by the IRBA [Section 14(1)(h)]
11. Other information as prescribed in terms of the Act [Section 14(1)(l)]
12. Updating of the Manual [Section 14(2)]
13. Availability of the Manual [Section 14(3)]
14. Exemption from any provision of section 14 of the Act [Section 14(5)]
15. Payment method
B. Prescribed Fees for records held by a Public Body, as stipulated in the current Regulations to the Act
C. PAIA Forms
Form 2 - Request for Access to Record
Form 3 - Outcome of Request and of Fees Payable
Form 4 - Lodging of an Internal Appeal
Form 5 - Lodging of a Complaint
Relevant POPIA Forms
Form 1 - Objection to the Processing of Personal Information
Form 2 - Request for Correction or Deletion of Personal Information
Proclamations
Commencement of the Promotion of Access to Information Amendment Act, 2019 (Act No. 31 of 2019)
Proclamation No. R. 10 of 2021
"prescribed"
means prescribed by regulation in terms of
section 92
;
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