UNLOCK THE DOORS: HOW GREATER TRANSPARENCY BY PUBLIC AND PRIVATE BODIES CAN IMPROVE THE REALISATION OF ENVIRONMENTAL RIGHTS

This report by the Centre for Environmental Rights (CER) analyzes the accessibility of environmental information in South Africa through an assessment of 98 PAIA requests and 42 formal requests made to 17 public and 35 private bodies between July 2010 and early 2012. The findings reveal a widespread culture of avoidance, delay, and non-compliance with the Promotion of Access to Information Act, 2000 (PAIA), which the CER argues fundamentally hampers the realization of constitutional environmental rights.

• Public and private bodies generally failed to provide basic environmental information, often ignoring PAIA requests and deadlines as a default approach. The CER found that PAIA is frequently used by public bodies as a tool to avoid providing feedback to civil society on basic governance, rather than as a means to facilitate transparency.
• The Department of Mineral Resources (DMR) demonstrated consistently poor compliance with PAIA, characterized by a reluctance to disclose information and a tendency to protect the financial interests of mining companies over the interests of communities and CSOs. Specific failures include an outdated PAIA manual, a lack of communication between national and regional offices, and the use of generic refusal letters that do not comply with the law.
• The Department of Environmental Affairs (DEA) generally performed better than other national departments by making more information available voluntarily. However, the CER noted a worrying trend of a decreasing percentage of requests being granted over time and delays caused by unnecessary notices to third parties.
• The Department of Water Affairs (DWA) failed to appoint Deputy Information Officers as required by PAIA, leading to a lack of training and understanding among officials. This resulted in officials refusing to declare under oath that records do not exist and a general inability to locate records.
• Private bodies, particularly in the mining sector, actively resist the voluntary disclosure of environmental licenses and often ignore PAIA requests. Because there is no internal appeal mechanism for private bodies, civil society is often forced to use expensive High Court proceedings to compel the delivery of information.
• Provincial and municipal public bodies generally performed better than national departments and showed a better understanding of PAIA tools, although many still failed to produce the required PAIA manuals.
• Supporting institutions like the South African Human Rights Commission (SAHRC) and the Public Protector lack the necessary powers or resources to rigorously hold departments and private bodies accountable for PAIA non-compliance. The SAHRC reported that 60% of national departments failed to submit required annual reports on PAIA compliance.

APA

Centre for Environmental Rights (n.d.). UNLOCK THE DOORS: HOW GREATER TRANSPARENCY BY PUBLIC AND PRIVATE BODIES CAN IMPROVE THE REALISATION OF ENVIRONMENTAL RIGHTS. https://cer.org.za/wp-content/uploads/2012/04/Unlock-the-Doors.pdf?x21779

Chicago

Centre for Environmental Rights. UNLOCK THE DOORS: HOW GREATER TRANSPARENCY BY PUBLIC AND PRIVATE BODIES CAN IMPROVE THE REALISATION OF ENVIRONMENTAL RIGHTS. n.d. https://cer.org.za/wp-content/uploads/2012/04/Unlock-the-Doors.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=UNLOCK THE DOORS: HOW GREATER TRANSPARENCY BY PUBLIC AND PRIVATE BODIES CAN IMPROVE THE REALISATION OF ENVIRONMENTAL RIGHTS |url=https://cer.org.za/wp-content/uploads/2012/04/Unlock-the-Doors.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndunlock, author = {{Centre for Environmental Rights}}, title = {{UNLOCK THE DOORS: HOW GREATER TRANSPARENCY BY PUBLIC AND PRIVATE BODIES CAN IMPROVE THE REALISATION OF ENVIRONMENTAL RIGHTS}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2012/04/Unlock-the-Doors.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }