ATI Network Shadow Report 2016

The ATI Network Shadow Report 2016 reveals significant challenges in accessing information in South Africa, with 46% of requests to public bodies denied in full and 67% of requests to private bodies refused. The report highlights a high rate of 'deemed refusals' where requests are ignored, and notes that the most common ground for refusal is that records do not exist or cannot be found. While some progress is noted in the automatic availability of environmental and water licenses, the report argues that the Department of Mineral Resources resists this trend. It recommends mandatory disclosure of all operational licenses, clearer definitions for 'trade secrets', and the strengthening of public interest override provisions in PAIA.

• Between August 1, 2015, and July 31, 2016, 369 PAIA requests were made by ATI Network members, of which 354 (96%) were submitted to public bodies and 15 to private bodies.
• Public bodies showed poor compliance with PAIA, with 46% of requests denied in full and only 34% granted in full. Of the denials, 58.4% were 'deemed refusals', meaning the information holder failed to communicate a decision within statutory time frames.
• Requests to private bodies faced even higher refusal rates, with 10 out of 15 requests denied in full.
• The most frequent justification for refusing access to information in both public and private sectors was that the requested records do not exist or cannot be located.
• Internal appeals to public bodies are largely ineffective; 64.1% of the 64 appeals submitted were deemed dismissed because appellants received no decision.
• There is a positive trend toward automatic access to records in some departments, such as the Department of Environmental Affairs making environmental licences available and the Department of Water and Sanitation making water-use licence applications available.
• The Department of Mineral Resources (DMR) is identified as resisting the trend of automatic disclosure and frequently ignoring internal appeals, though the Minister of Mineral Resources did decide one appeal in September 2016 to grant access to records regarding the Mabola Protected Environment.
• The appointment of the Information Regulator on December 1, 2016, is expected to provide a more cost-effective alternative to court litigation for challenging PAIA refusals.
• The Supreme Court of Appeal ruled in May 2016 that public access to shareholder registers is an unqualified right and that the motive for seeking such access is irrelevant.

APA

Centre for Environmental Rights (2016). ATI Network Shadow Report 2016. https://cer.org.za/wp-content/uploads/2017/02/CER-Shadow-Report-Final.pdf?x21779

Chicago

Centre for Environmental Rights. ATI Network Shadow Report 2016. 2016. https://cer.org.za/wp-content/uploads/2017/02/CER-Shadow-Report-Final.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=ATI Network Shadow Report 2016 |date=2016 |url=https://cer.org.za/wp-content/uploads/2017/02/CER-Shadow-Report-Final.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2016ati, author = {{Centre for Environmental Rights}}, title = {{ATI Network Shadow Report 2016}}, institution = {Centre for Environmental Rights}, year = {2016}, url = {https://cer.org.za/wp-content/uploads/2017/02/CER-Shadow-Report-Final.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }