Information Regulator Refers PAIA Non-Compliance to SAPS

Posted 19 December 2025 Written by Acts Online
Category Justice

Brought to you by SA Accounting Academy: The Information Regulator has initiated criminal proceedings by referring cases of non-compliance with the Promotion of Access to Information Act to the South African Police Service.

In terms of the Promotion of Access to Information Act, No. 2 of 2000 (PAIA), the Information Regulator (IR) has referred three cases to the South African Police Service (SAPS) against information officers and heads of private bodies. These referrals follow a failure by the respective parties to comply with enforcement notices issued by the Regulator.

This enforcement action signals a transition toward stricter regulatory oversight. Section 77K of PAIA (as read with the Protection of Personal Information Act, No. 4 of 2013) empowers the Regulator to issue enforcement notices. Failure to comply with such a notice is a criminal offence. The legal consequences for convicted information officers or heads of private bodies include:

  • A fine;
  • Imprisonment for a period not exceeding three years; or
  • Both a fine and imprisonment.

The Regulator confirmed during a media briefing that these referrals specifically target individuals who ignored directives to provide access to information or failed to remedy identified breaches within the prescribed timelines. The shift to criminal referrals underscores the personal liability risks for those designated as information officers under the Act.

What this means for you, your business, or your clients

  • For yourself: You must verify your formal designation as an information officer and recognize that failure to respond to an enforcement notice carries personal criminal liability, including a potential prison sentence of up to three years.
  • For your business: Your firm must implement a robust tracking system for PAIA requests and Information Regulator correspondence to ensure that enforcement notice deadlines are never missed, as these are now being escalated directly to SAPS for investigation.
  • For your clients: Advise clients that administrative delays in PAIA compliance are no longer merely a matter of civil dispute; the Regulator is actively using SAPS referrals to enforce compliance, requiring immediate professional intervention upon receipt of any formal enforcement notice.

Originally published at https://accountingacademy.co.za/news/read/information-regulator-cases-referred-to-saps-over-paia-non-compliance

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