How do I make a PAIA request to the private/public body?
By submitting the prescribed form, known as Form 2. This form should be directed to the Information Officer for public bodies or  the Deputy Information Officer or Head of the private body for private entities.  
How do I know who is the appointed information officer/deputy information officer or head of the private body?
Public and private bodies are required to have their PAIA manuals publicly available for members of the public. If you need to obtain or confirm the contact details of the Information Officer for a public body or the Head of a private body, you can obtain a copy of the PAIA Manual at their website, which manual will provide you with direct contact details for submission of a request for access to their records. They should be able to provide you with the necessary contact information.
How do I know who is the appointed information officer/deputy information officer or head of the private body?
Public and private bodies are required to have their PAIA manuals publicly available for members of the public. If you need to obtain or confirm the contact details of the Information Officer for a public body or the Head of a private body, you can obtain a copy of the PAIA Manual at their website, which manual will provide you with direct contact details for submission of a request for access to their records. They should be able to provide you with the necessary contact information.
What information can I request from the public body/private body?
Public and private bodies are required to have their PAIA manuals publicly available for members of the public. If you need to obtain or confirm the contact details of the Information Officer for a public body or the Head of a private body, you can obtain a copy of the PAIA Manual at their website, which manual will provide you with direct contact details for submission of a request for access to their records. They should be able to provide you with the necessary contact information.
What information can I request from the public body/private body?
You can request any recorded record/information: For public bodies, there’s no requirement to provide reasons for requesting records, but it should be a record not inquiries or questions. However, for private bodies, it’s necessary to specify the purpose right you intend to protect or exercise if access is granted and explain further why the records are necessarily required for the exercise or protection of the said right. For example, as a shareholder, I require access to financial statements to assess whether the company is profitable or incurring losses, and another example as an executor of the estate late, I will request the bank statement of the deceased from the bank for me ( as an executor to fulfil my duties as an executor to distribute assets and finalize the liquidation and distribution account.
What happens when the public /private body doesn’t respond to my PAIA request?
If a public body fails to respond or refuse your request, you may lodge an internal appeal if the public body is the national, provincial or local government. The appeal must be made using Form 4 as specified in the PAIA regulations. However, for private bodies and other public entities, their internal appeal process is not compulsory and if your request is refused or not responded to, you may lodge a complaint with the Regulator.
Can the body refuse my request?
Yes, the body may refuse your request for access to records, depending on the nature of the records. However, they must provide reasons for the refusal based, which reasons must only on the grounds for refusal outlined in the PAIA.
How do I lodge a complaint with the Regulator and how soon?
The complaint to the Regulator must be submitted using Form 5, available on the website. For public bodies in which an appeal is applicable, it should be lodged within 180 days from the date the internal appeal was dismissed. In the case of private bodies and other public bodies wherein the appeal is not applicable, the complaint must be lodged within 180 days from the date the request was refused or not responded to, or after the 30 days have elapsed since the initial request.
What happens if the complaint is lodged outside the 180 days
The Regulator will inform you in writing if your complaint is out of time and requires a condonation application. The Regulator will provide you with the necessary templates to complete and submit the application to both the body against which the complaint is lodged and to the Regulator.
Can the Regulator reject my complaint?
Yes, The complaint can be rejected by the Regulator if it does not meet the pre-requisite listed below.
Once the complaint has been lodged with the Regulator, what then happens?
Complaints received by the Regulator undergo an assessment to determine if they meet the prerequisites – please note the list is not exhaustive
the prescribed form (Form 2) for request to access the record of a public/private body was submitted to the body;
❖ 30 calendar days or extended time has lapsed from the date on which the request was submitted;
❖ the prescribed appeal form (Form 4) was used for lodging an internal appeal, where applicable;
❖ in case of a complaint against a public body in which an internal appeal is applicable, all the internal appeal procedures against the decision of the Information Officer of a public body have been exhausted;
❖ the complainant has not applied to Court for appropriate relief regarding the matter which is the subject of the complaint, and if applied, the matter has been withdrawn from Court;
❖ the complaint was lodged within the prescribed 180 days and if not, condonation has been applied for;
❖ in respect of a complaint against a private body, the right to be exercised or protected is identified in Form 2;
❖ the requested information is a “record”1 as defined in terms of PAIA; ❖the complaint is pending before the Public ProtectorOnce a decision has been made, the complainant is notified accordingly on whether his/her complaint is accepted.
Once the complaint has been accepted how long will it take to be resolved or finalized?
If the complaint is accepted, the resolution timeline depends on its complexity. The majority of complaints are resolved through mediation or conciliation and the Regulator has 3 months to do so. However, if the Regulator is unable to resolve such complaint through mediation or conciliation or if the Regulator decide that the matter must be investigated, the Regulator has up to 12 months from the date of receipt of a complaint to finalize investigation and submit an investigation report to the enforcement committee.
What happens if the public/private body does not cooperate with the Regulator or my complaint is not resolved within 3 months?
If a public or private body refuses to cooperate with the Regulator, mechanisms are available, including issuing of summons. Failure to adhere to a summons is deemed a criminal offence. Should a complaint remain unresolved after 3 months, the investigation will continue. Subsequently, an investigation report or closing report is issued based on the investigation’s findings. Settlement proceedings may continue even after 3 months. In cases where an investigation report has been issued, the investigation report with preliminary findings and preliminary recommendations is referred to the Enforcement Committee for its findings and recommendations to the Member on the action that must be taken against the Information officer or head of the private body.
Do I have the right to participate when the investigation report is referred to the enforcement committee?
The enforcement committee will give both parties an opportunity to submit, at the hearing or in writing, in response to the preliminary findings and preliminary recommendations.
What is an enforcement notice?
An enforcement notice is an official notice issued by the members of the Regulator. It serves to confirm an order or directive made against the information officer or head of the private body, setting aside the decisions made by the body, or directing the body to take certain actions, such as disclosing records.
Can I challenge the Enforcement Notice issued by the Regulator?
You have the right to challenge the enforcement notice issued by the Regulator at the high court. The investigation report cannot be challenged at court, because it is a final decision of the Regulator.