PAIA notice from the Information Regulator

On 31 August 2025, the Information Regulator issued an urgent communication (let’s call it a PAIA notice) to all Information Officers, Deputy Information Officers, and Heads of Private Bodies. The message was simple but striking: stop using repealed PAIA forms when processing access-to-information requests. At first glance, this might look like administrative housekeeping. In truth, it goes much deeper, touching the heart of transparency, compliance, and the way organisations engage with the public.

Why the notice natters

PAIA, is a cornerstone of South Africa’s constitutional democracy. It gives effect to Section 32 of the Constitution: the right of access to information. To function, PAIA relies on clarity and certainty: when a member of the public makes a request, they must use a standardised form; when an organisation processes it, the response must follow legally prescribed channels.

The Regulator’s warning makes clear that many organisations continue to rely on obsolete forms; forms repealed when the Regulations Relating to the Promotion of Access to Information, 2021 came into force. Using these outdated forms may seem like a technicality, but it has real consequences:

• It frustrates the requester’s rights, creating unnecessary obstacles.
• It breaches Regulation 7.1, triggering non-compliance with the law.
• It exposes organisations to regulatory scrutiny, reputational harm, and possible enforcement action.

What the regulator demands

The directive is unambiguous:

• Only Form 2 (2021 version) must be used for requests.
• Organisations must cease use of all repealed PAIA forms immediately.
• Information Officers carry the accountability: not admin staff, not legal teams, not “the system”.

This is more than a procedural update. It signals the Regulator’s intent to tighten enforcement, close gaps in compliance, and remind organisations that access-to-information is not optional; it’s a legal duty.

The strategic takeaway for organisations

For many organisations, compliance with PAIA has historically been treated as a “tick-box” exercise. A manual published online, a dusty file in the legal department, a rarely tested process. This notice is a wake-up call.

1. Audit your PAIA practices: Review manuals, forms, and templates. Check your websites and intranet. If any reference to repealed forms exists, remove it.
2. Train your officers: Ensure Information Officers and deputies know which form is valid and how to process requests correctly. Accountability is personal under PAIA.
3. Embed compliance into governance: Don’t treat PAIA as an isolated statutory obligation. Connect it with your broader compliance ecosystem—privacy under POPIA, transparency obligations in ESG frameworks, and customer trust initiatives.
4. Anticipate scrutiny: The Regulator’s notice is a clear marker: compliance checks are not just theoretical. Organisations should expect testing, monitoring, and possible enforcement against non-compliance.

Beyond the letter of the law

What’s at stake is not just regulatory formality but public trust. When citizens request access to information—whether it’s about environmental impact, procurement, or governance—they are exercising a constitutional right. By failing to use the correct process, organisations risk signalling indifference to that right.

We’re in a time where corporate legitimacy rests on transparency and accountability. So, compliance with PAIA is not merely defensive; it is reputational capital. It demonstrates that an organisation understands its role in the democratic ecosystem and honours the rights of those it serves.

End thoughts

The Regulator’s notice is sharper than it seems. On the surface: update your forms. Beneath it: update your culture of compliance. Organisations that move swiftly will not only avoid regulatory headaches but also position themselves as trustworthy stewards of information in a rights-driven democracy.

The question is not whether you’ve uploaded the right form. The question is whether your organisation is truly aligned with the constitutional promise of access to information.