PAIA annual report: the what, why & how to submit

At ITLawCo, we recognise the importance of transparency and accountability in today’s data-driven world. One key tool in achieving these principles in South Africa is the Promotion of Access to Information Act (PAIA). Each year, organisations subject to PAIA are required to submit an annual report detailing their compliance with the Act. Here, we provide an overview of what a PAIA annual report entails and why it matters.

TL;DR: How to submit a PAIA report

• Register and submit the report through the regulator’s portal.
• Make sure all fields are filled with accurate and complete information, otherwise the regulator will issue you with a notice to provide more information.

The annual reports for the financial period 2023/2024 (1 April 2023 to 31 March 2024) must be submitted.

This year’s deadline

This year’s deadline was 30 June 2024. However, in a recent post, the regulator extended it to 12 July 2024.

What happens if you miss the deadline for the PAIA report?

If you miss the deadline, the regulator might do a PAIA compliance check on your organisation. Even though the notice is called an “invitation”, it’s not optional. Private bodies must submit their report by the 30 June 2024 deadline.

Not following the rules could lead to the regulator starting its own PAIA compliance check on the private body, as stated in section 77H(1) of PAIA.

What is the PAIA annual report?

The PAIA annual report is a document that public and private bodies in South Africa must prepare and submit annually. This report outlines how these bodies have complied with the requirements of PAIA, which aims to promote the right of access to information held by the state and other entities, enhancing transparency, accountability, and effective governance.

According to section 32 of PAIA, the Information Officer (IO) of every public body must annually submit a report to the Regulator on access to information requests received and processed. Similarly, section 83(4) of PAIA requires Heads of Private Bodies (HPBs) or Deputy Information Officers (DIOs) to submit annual reports about requests for access to records received and processed by the private body.

Why the PAIA annual report matters

The PAIA annual report is more than just a regulatory requirement; it is a crucial instrument for fostering a culture of openness and accountability.

Here’s why it matters:

1. Transparency: By detailing how information requests are handled, the report provides insight into the organisation’s transparency practices, building trust with stakeholders.
2. Accountability: The report holds organisations accountable for their information management practices, ensuring they uphold the principles of PAIA.
3. Improvement: Through identifying challenges and outlining steps for improvement, the report helps organisations enhance their information access processes.
4. Legal compliance: Adhering to PAIA requirements helps organisations avoid legal penalties and demonstrates their commitment to upholding the law.

Key components of the PAIA annual report

1. Overview of PAIA compliance: The report should begin with an overview of the organisation’s commitment to PAIA compliance, including any policies and procedures implemented to facilitate access to information.
2. Requests received: A detailed account of all the information requests received during the reporting period. This section should include the number of requests, the nature of the requests, and the outcomes, whether they were granted, partially granted, or denied.
3. Response times: Information on how promptly the organisation responded to information requests, highlighting any delays and the reasons behind them.
4. Refusals and exemptions: A summary of requests that were refused, including the grounds for refusal. This section should also discuss any exemptions applied and the legal basis for these exemptions.
5. Appeals and reviews: Details on any internal reviews or appeals lodged by requesters who were dissatisfied with the initial response, along with the outcomes of these processes.
6. Training and awareness: An account of any training sessions or awareness programmes conducted to educate employees about PAIA and their responsibilities under the Act.
7. Challenges and improvements: A candid discussion of any challenges faced in complying with PAIA, along with steps taken or planned to overcome these challenges and improve future compliance.

Insights from the Information Regulator

South Africa’s Information Regulator monitors and enforces compliance by public and private bodies with PAIA provisions concerning access to information.

To streamline this process, the Regulator has developed an online portal for submitting annual reports. The portal will be live from 1 May 2024, and the deadline for submission is 30 June 2024. Please note that registration with the Regulator is mandatory for IOs, HPBs, and DIOs to submit their reports. Detailed guidance on registration and report submission is available on the eServices Portal and the Regulator’s website.

For technical assistance with the portal, contact the support team at paia-support@inforegulator.org.za or (010) 023 5200. For general enquiries regarding compliance with sections 32 and 83(4) of PAIA, reach out to Adv. Makhwedi Makgopa-Madisa at mmakgopa-madisa@inforegulator.org.za or Ms Nokwanda Molefe at nmolefe@inforegulator.org.za. If further assistance is needed, contact Mr Ntsumbedzeni Nemasisi at nnemasisi@infoRegulator.org.za.

Regulator webinar on PAIA reports

Related resources from the Information Regulator

• Full notice: submission of the 2023/24 PAIA Annual Reports
• Guide on how to use the Promotion of Access to Information Act 2 of 2000
• PAIA Manual Template for a Public Body
• PAIA Manual Template for a Private Body
• Procedures for making information electronically available
•  Automatic availability of certain records of the Information Regulator

How we promote access to information

At ITLawCo, we assist organisations in preparing their PAIA annual reports, ensuring compliance with the Act while promoting best practices in information governance. Our team of experts is here to help you navigate the complexities of PAIA and enhance your transparency and accountability frameworks.

For more information on how ITLawCo can support your PAIA compliance efforts, feel free to contact us. Together, we can build a more transparent and accountable future.