Promotion of Access to Information Civil Society Network 2015 Shadow Report

The 2015 Shadow Report by the Promotion of Access to Information Civil Society Network (PAIA CSN) evaluates the implementation of the Promotion of Access to Information Act 2 of 2000 (PAIA) in South Africa between 1 August 2014 and 31 July 2015. The report finds that while the right to access information is constitutionally enshrined, public bodies frequently undermine this right through non-compliance with statutory timeframes, failure to provide legitimate grounds for refusal, and poor record-keeping. The report highlights a contrast between the relatively better compliance of private bodies and the systemic failures of various state departments, while advocating for the urgent appointment of an independent Information Regulator to provide an alternative to costly litigation.

• Public bodies in South Africa demonstrate low compliance with statutory timeframes for responding to PAIA requests, with only 26% of public bodies responding within the required period. There is a growing trend of bodies utilizing extension of time provisions to delay disclosure, with 32% of requests meeting an extension notification.
• The outcomes of PAIA requests to public bodies indicate a lack of transparency; 21% of requests were expressly denied and another 21% were deemed refused due to a total failure to respond. Among the 58 express denials, only 55% provided grounds for refusal codified in PAIA, and 19% provided no grounds at all.
• Poor record-keeping is a primary driver of information refusal in the public sector, as the most common reason given for denying access is that the requested record cannot be found or does not exist.
• There is a systemic failure by both public and private bodies to apply the 'public interest override' provided in section 46 of PAIA, which mandates disclosure if records reveal substantial law contravention or serious public safety and environmental risks.
• Private bodies showed relatively higher compliance with PAIA requirements compared to public bodies during the reporting period. All 11 private bodies sampled responded within the statutory timeframe, and 50% of requests were granted in full.
• Compliance with section 14 of PAIA, which requires the publication of a manual describing records and request processes, is improving among national government departments, reaching a 79% compliance rate.
• The Supreme Court of Appeal (SCA) issued a landmark judgment in November 2014 ordering ArcelorMittal South Africa (AMSA) to release environmental information, affirming that transparency is the default position for corporations regarding the environment and that civil society has a role in monitoring environmental harm.

APA

Belalba-Barreto, M., Patel, K., & Chamberlain, L. (2015). Promotion of Access to Information Civil Society Network 2015 Shadow Report. Centre for Environmental Rights. https://cer.org.za/wp-content/uploads/2017/03/PAIA-Civil-Society-Network-2015-Shadow-Report.pdf?x21779

Chicago

Belalba-Barreto, Marianna, Khuraisha Patel, and Lisa Chamberlain. Promotion of Access to Information Civil Society Network 2015 Shadow Report. Centre for Environmental Rights, 2015. https://cer.org.za/wp-content/uploads/2017/03/PAIA-Civil-Society-Network-2015-Shadow-Report.pdf?x21779.

Wikipedia

{{cite report |last1=Belalba-Barreto |first1=Marianna |last2=Patel |first2=Khuraisha |last3=Chamberlain |first3=Lisa |title=Promotion of Access to Information Civil Society Network 2015 Shadow Report |publisher=Centre for Environmental Rights |date=2015 |url=https://cer.org.za/wp-content/uploads/2017/03/PAIA-Civil-Society-Network-2015-Shadow-Report.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{belalbabarreto2015promotion, author = {Belalba-Barreto, Marianna and Patel, Khuraisha and Chamberlain, Lisa}, title = {{Promotion of Access to Information Civil Society Network 2015 Shadow Report}}, institution = {Centre for Environmental Rights}, year = {2015}, url = {https://cer.org.za/wp-content/uploads/2017/03/PAIA-Civil-Society-Network-2015-Shadow-Report.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }