The Information Regulator (IR) has “invited” all public and private bodies to submit their annual reports respect of the access-to-information requests they received and processed in 2024/25.
The online platform to submit reports opened on 1 April and will close on 30 June 2025.
In terms of section 32 of PAIA, the information officer of a public body must submit an annual report to the Regulator in respect of access-to-information requests received and processed by the public body.
In respect of private bodies, section 83(4) of PAIA provides that the Regulator may ask the head of a private body to submit an annual report, and the private body may furnish the IR with details relating to the requests for access to records received and processed by that the private body.
The notice published by the IR in March uses the word “invitation”, and section 83(4) provides that a private body “may” furnish a report to the Regulator. Nevertheless, law firms Bowmans, Clyde & Co, and Michalsons are of the opinion that private bodies are obliged to submit reports.
Moonstone Compliance encourages its private body clients to submit their annual reports.
According to PAIA, “private body” means:
- a natural person who carries or has carried on any trade, business, or profession, but only in such capacity;
- a partnership that carries or has carried on any trade, business or profession;
- any former or existing juristic person; or
- a political party.
Reports must be submitted through the Regulator’s eServices portal: https://eservices.inforegulator.org.za/.
To submit the report, the head of the private body or the information officer of the public body ed must be registered on the eServices portal. If they have not yet done so, they must register on the portal to proceed with submitting a report.
Step-by-step guides on how to register and submit the annual reports are available on the eServices portal and on the IR’s website.
Contents of the report
When submitting the report on the portal, you will be presented with a list of questions. Regardless of an organisation’s financial year, the responses provided to the questions must cover the period from 1 April 2024 to 31 March 2025.
Depending on whether the organisation is a public or private body, the questions may include:
- The number of requests for access received by the organisation.
- The number of requests for access granted in full.
- The number of requests for access refused in full or refused partially, and the number of times each provision of PAIA was relied on to refuse access in full or partially.
- The number of cases in which the prescribed periods to respond to the request were extended.
- The number of internal appeals lodged (if applicable).
- The number of complaints lodged against the organisation with the Regulator.
- The number of decisions of the Regulator reviewed against.
- The number of applications made to a court, and the number of court decisions appealed against and the outcome thereof.
Organisatons are advised to avoid the following common reporting mistakes:
- Incomplete information. Ensure all fields of the report are fully completed with accurate information. It is not uncommon for the Regulator to send information notices to organisations that did not provide sufficient information.
- Late submission. Submit your report well before the deadline to avoid any last-minute technical issues.
- Incorrect registration. Verify that all officers are correctly registered with the Regulator before attempting to submit the report.
- Ignoring the guidelines. Follow the submission guidelines closely, to ensure your report meets all the requirements.
- Lack of review. Double-check your report for any errors or omissions before submission.
Contact information
If you are unable to log into the portal or need assistance, contact the technical support team at Paiasupport@inforegulator.org.za or 010 023 5200.
For general enquiries relating to the requirement for compliance with section 32 and 83(4) of PAIA, contact the IR’s senior compliance and monitoring officer, Ms Sewela Seshoeni, at Sseshoeni@inforegulator.org.za.
If you are not assisted, you can contact the acting executive responsible for PAIA, Advocate Makhwedi Makgopa-Madisa, at MMakgopaMadisa@infoRegulator.org.za.
