How do you ask for information from a public body?

Once you have identified the information you want, as well as the public body from whom you wish to request this information, you must:

Complete Form A (Found at any Public Body).

Submit Form A to the information officer of the public body either at his/her physical address, fax number or electronic mail address together with the request fee of R35. A request fee is not required to be paid, if it relates to personal information about you.

Who is the information officer of a public body?

In the case of a national government department, the information officer is the Director - General of that national department, e.g. For the National Intelligence Agency, the information officer is the Director – General Mr. M Manzini. The IO shall be accountable for decisions on all responses to requests made under the PAIA, the overall oversight and control to ensure that NIA complies with all the provisions of the PAIA, to report to the Inspector-General at his/her request and to the Human Rights Commission as prescribed by the PAIA. The DG shall from time to time delegate such powers and duties imposed on him/her by the PAIA to the Deputy Information Officer(s) (DIO) appointed in accordance with the Act to ensure that NIA is reasonably accessible and complies with all the time frames dictated by the PAIA.

In the case of any other public body, the information officer is the chief executive officer or equivalent officer or the person who is acting as such, e.g. For the Human Rights Commission, the chief executive officer is the information officer.

How long must I wait before I receive the information requested?

The information officer has a period of 30 calendar days within which he/she must respond to your request.

Under certain circumstances, the information officer may extend the 30-day period once only, and for a further period of 30 days.

How will I be informed of the outcome of my request?

You will be informed by the information officer in writing of the decision whether to grant your request or not.

When will my request for access to information be refused?

PAIA balances your right of access to information against the right of a public body to protect certain information. Thus PAIA allows the information officer, the right to refuse your request for information in certain circumstances. If, for example, the information officer decides that the information you have requested relates to the trade secrets of a third party which are not publicly available, he / she must refuse your request.

What can I do if my request for information is refused?

If an information officer of a national department, provincial administration or municipality has refused your request for information; you can bring an internal appeal against the decision of the information officer with the relevant authority. In order to do this, you must complete Form B.

In the case of any other public body which has refused your request, you must apply to court for relief.

What if I am still unsuccessful in my internal appeal?

You may apply to court against the unsuccessful internal appeal to the relevant authority. You may also apply to court if you are:

aggrieved by the decision of the information officer to disallow the late lodging of an internal appeal;
aggrieved by the decision of an information officer of a public body, other than the information officer of a national department, provincial administration or municipality to refuse your request for access;
aggrieved by the decision of an information officer relating to fees required to be paid, the extension of the period within which to deal with the request or the form of access in which the information will be furnished

What if I am successful in my request?

The information officer will inform you in writing of his / her decision to grant your request for access, and will advise you of the access fee to be paid. The access fee is usually the cost for making a copy of the information requested, in a specific form and for the time spent searching for the information.