ATI Network Shadow Report 2018

The ATI Network Shadow Report 2018, compiled by the South African History Archive (SAHA) and other civil society members, evaluates the effectiveness of the Promotion of Access to Information Act 2 of 2000 (PAIA) in South Africa between 1 June 2017 and 31 July 2018. The report highlights systemic failures in public body compliance, including high rates of non-responsiveness and the misuse of legal provisions to delay information release, while also discussing the challenges of accessing data from private bodies and the impact of these barriers on rights to education and the environment.

• Public bodies demonstrate low compliance with statutory time frames for PAIA requests. Of the 169 requests submitted to public bodies, only 76 (45%) received responses within the required time, while 51% (86 requests) did not.
• A significant portion of PAIA requests to public bodies are either expressly refused or ignored (deemed refused). Out of 169 requests, 76 were refused or ignored, with 56 (35.4%) being deemed refused due to a total lack of response.
• Accessing information from private bodies is hindered by the requirement to prove the information is "required for the exercise or protection of any rights" under section 50 of PAIA. Private bodies often reject requests by claiming an "element of need" has not been established, and the lack of an internal appeal mechanism forces requesters into costly litigation.
• Delays in providing information have negatively impacted the right to education. The Department of Basic Education failed to provide a School Sanitation Audit and costed implementation plan requested in June 2018, despite a public commitment by the Minister of Basic Education on 22 March 2018.
• The report identifies the misuse of PAIA section 80(3) to frustrate access to information, citing a case where G4S Secure Solutions (G4S) applied for an "in camera" hearing to keep a report confidential rather than responding formally to a request for information regarding the Mangaung Correctional Centre.
• The North Gauteng High Court set aside decisions by the Minister of Mineral Resources and the Minister of Environmental Affairs that allowed Atha-Africa Ventures (Pty) Ltd to mine in the Mabola Protected Environment, a strategic water source area.
• The court in MyVote Counts v Minister of Justice declared PAIA unconstitutional regarding the disclosure of political party funds, ruling that information on private funding is essential for the right to make political choices.

APA

Zulu, N. N. (2018). ATI Network Shadow Report 2018. Centre for Environmental Rights. https://cer.org.za/wp-content/uploads/2019/09/ATI-Network-Shadow-Report-2018.pdf?x21779

Chicago

Zulu, Nobukhosi Ntombifuthi. ATI Network Shadow Report 2018. Centre for Environmental Rights, 2018. https://cer.org.za/wp-content/uploads/2019/09/ATI-Network-Shadow-Report-2018.pdf?x21779.

Wikipedia

{{cite report |last1=Zulu |first1=Nobukhosi Ntombifuthi |title=ATI Network Shadow Report 2018 |publisher=Centre for Environmental Rights |date=2018 |url=https://cer.org.za/wp-content/uploads/2019/09/ATI-Network-Shadow-Report-2018.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{zulu2018ati, author = {Zulu, Nobukhosi Ntombifuthi}, title = {{ATI Network Shadow Report 2018}}, institution = {Centre for Environmental Rights}, year = {2018}, url = {https://cer.org.za/wp-content/uploads/2019/09/ATI-Network-Shadow-Report-2018.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }