Legal Q&A

How to Access Government Information Using PAIA

The Promotion of Access to Information Act gives you the right to request any record held by government. Here is how to submit a PAIA request and what to do if it is refused.

Free South African Law

Direct Answer

The Promotion of Access to Information Act (PAIA) gives every person the right to request records held by public and private bodies. Submit a PAIA request using Form A (for public bodies) or Form B (for private bodies). The body must respond within 30 days. If refused, you can appeal internally and then to the Information Regulator.

What the Law Says

Your Legal Foundation

Promotion of Access to Information Act 2 of 2000

Section 11

“A requester must be given access to any record of a public body if that person complies with all procedural requirements in this Act and access to that record is not refused on a ground of refusal contemplated in this Act.”

Promotion of Access to Information Act 2 of 2000

Section 25

“A public body must respond to a request within 30 days of receiving it.”

Constitution of South Africa

Section 32

“Everyone has the right of access to any information held by the state; and any information that is held by another person and that is required for the exercise or protection of any rights.”

What to Do

Step-by-Step Guide

1Identify the record you need and which body holds it. Be as specific as possible — describe the record by type, date range, subject matter.
2Complete Form A (for government bodies — available at sahrc.org.za and justice.gov.za) or Form B (for private companies). A R140 request fee applies for private bodies; government body requests are free for personal records.
3Submit to the Information Officer of the relevant body. Every public body must have a designated Information Officer (usually the head of the department).
4The body has 30 days to respond — to provide access, refuse access, or ask for an extension (once only, for another 30 days).
5If refused, submit an internal appeal within 60 days. If that fails, refer to the Information Regulator (inforeg.org.za) or apply to the High Court for judicial review.

What to Say

Exact Words to Use

“"I am requesting access to the following records in terms of Section 11 of PAIA: [describe records]. Please acknowledge receipt within 5 days and respond within the 30-day period prescribed by PAIA."”

Tone: In writing — attach the completed PAIA form

Common Questions

Frequently Asked Questions

Do I need to give reasons for my PAIA request?

For public bodies — no. You do not need to justify why you want the information. For private bodies, you must show that the information is required to exercise or protect a right.

What can a public body refuse to disclose?

Limited grounds: national security, cabinet deliberations, commercial confidentiality, personal privacy of third parties, litigation privilege, and information protected by other legislation (e.g., criminal investigation). A blanket refusal citing "confidentiality" without specifying the ground is unlawful.

Get Help Now

Resources & Helplines

Information Regulator

012 406 4818

PAIA complaints and POPIA enforcement.
SAHRC

011 877 3600

PAIA complaints and assistance — they have a PAIA unit.

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