PAJA vs PAIA South Africa — Which Law Applies to Your Situation?
PAJA and PAIA are both constitutional rights Acts, but they serve very different purposes. Confusing them leads to using the wrong procedure and missing deadlines.
PAJA — Promotion of Administrative Justice Act
Gives you the right to have government decisions reviewed in court if they are unlawful, unreasonable, or procedurally unfair.
When it applies: A government official made a decision that affects your rights — refusing your licence, cancelling your grant, rejecting your application.
Law: PAJA 3 of 2000; s33 of the Constitution
Example: SASSA cancels your disability grant without reason. PAJA gives you the right to reasons and to have the decision reviewed by a court.
PAIA — Promotion of Access to Information Act
Gives you the right to request and access records held by government bodies and private companies when you need those records to exercise or protect a right.
When it applies: You need to see a document to understand why a decision was made, to exercise a legal right, or to expose wrongdoing.
Law: PAIA 2 of 2000; s32 of the Constitution
Example: You want to see the government's environmental impact assessment for a factory near your home. Submit a PAIA request.
Key Differences at a Glance
| Aspect | PAJA — Promotion of Administrative Justice Act | PAIA — Promotion of Access to Information Act |
|---|
| Purpose |
Challenge unfair government decision-making |
Access records to exercise or protect a right |
| When to use |
After a decision has been made that affects you |
To get documents you need — before or during any dispute |
| Applies to |
Organs of state only |
Both public bodies and private entities |
| Who enforces |
High Court (review application) |
Information Regulator; High Court |
| Deadline |
180 days from decision for review |
No time limit to request; 30-day response deadline for the body |
Frequently Asked Questions
Can I use PAIA to get the reasons for a PAJA decision?
Yes — PAIA and PAJA complement each other. If a body refuses to give you reasons under PAJA, a PAIA request for the underlying records can achieve the same result.
Does PAIA apply to private companies in South Africa?
Yes — you can request records from a private body if you need them to exercise or protect a right, and the information is not protected by a legitimate confidentiality ground.
Can I use PAJA to challenge a private company's decision?
Generally no — PAJA only applies to public administrative action. But some private bodies exercising public power (e.g., a professional board) may be subject to PAJA.