South Africa
Access to Information Legislation
Constitution of the Republic of South Africa
The right to information in South Africa is enshrined in the Constitution. It states in section 32:
Everyone has the right of access to -
- any information held by the state; and
- any information that is held by another person that is required for the exercise or protection of any rights.
Download a copy of the Constitution
Promotion of Access to Information Act
In 2000 the Promotion of Access to Information Act (PAIA) was enacted to give effect to the constitutional right to information. PAIA establishes the key rights and restrictions that apply when accessing information, including:
- who is entitled to request information;
- what entities information can be requested from;
- the type of information that can be requested;
- how a request for information must be made;
- how long the information holder has to respond to a request;
- when the information holder must release the information requested and when they can withhold that information; and
- the right to appeal a decision of an information holder.
Download a copy of the Promotion of Access to Information Act
PAIA allows a number of matters regarding its implementation, in particular the form for making requests for information and the fees applicable to such requests, to be regulated by the Minister for Justice and Constitutional Development.
Exemptions from the application of particular aspects of PAIA (including fees) may be granted by the Minister for Justice and Constitutional Development. These amendments are detailed in Government Notices, published in the Government Gazette.
Legislation related to PAIA
The National Archives and Records Service of South Africa Act 1996
Promotion of Administrative Justice Act 2000
Protection of State Information Bill (as passed by the National Assembly on 4 September 2011)
Protection of Personal Information Bill (as passed by the National Assembly on 11 September 2012)
Jurisprudence
SA Airlink (Pty) Limited v The Mpumalanga Tourism and Parks Agency and Others [2012] ZAGPJHC 143
President of the Republic of South Africa and Others v M & G Media Limited 2012 (2) SA 50 (CC)
De Lange and another v Eskom Holdings Limited and others 2012 (1) SA 280 (GSJ)
AVUSA Publishing Eastern Cape (Pty) Ltd v Qoboshiyane NO and others 2012 (1) SA 158 (ECP)
Mili v Matron, Fort Beaufort Hospital and Another [2011] ZAECGHC 28
Centre for Social Accountability v The Secretary of Parliament and others 2011 (5) SA 279 (ECG)
Dlusha v King Sabatha Dalindyebo Municipality and Others [2011] ZAECMHC 23
Elementone Limited v Modern Media Promotions (Pty) Limited and Others [2010] ZAGPJHC 89
National Director of Public Prosecutions v King 2010 (2) SACR 146 (SCA)
Kerkhoff v Minister of Justice and Constitutional Development and Others [2010] ZAGPPHC 5 (GNP)
Fortuin v Cobra Promotions CC 2010 (5) SA 288 (ECP)
Brummer v Minister for Social Development and Others 2009 (6) SA 323 (CC)
Biowatch Trust v Registrar Genetic Resources and Others 2009 (6) SA 232 (CC)
Midi Television (Pty) Ltd v Director of Public Prosecutions (Western Cape) [2007] 3 All SA 318 (SCA)
Mittalsteel South Africa Ltd. v Hlatshwayo [2007] 1 All SA 1 (SCA)
Keylite Chemicals v Harmony Gold Mining Company Limited [2007] ZAGPHC 258
Pienaar v Jordaan [2006] ZAGPHC 173
Claase v Information Officer of South African Airways (Pty) Ltd. [2006] ZASCA 134
Unitas Hospital v Van Wyk and Another 2006 (4) SA 436 (SCA)
Transnet Ltd and Another v SA Metal Machinery Co (Pty) Ltd [2005] ZASCA 113
Earthlife Africa (Cape Town Branch) v Eskom Holdings Ltd [2005] ZAGPHC 129
Clutchco (Pty) Ltd v Davis 2005 (3) SA 486 (SCA)
Cape Metropolitan Council v Metro Inspection Services (WC) CC 2001 (3) SA 1013 (SCA)
Shabalala and Others v Attorney-General of the Transvaal and Another 1996 (1) SA 725