Clients frequently ask attorneys how they can obtain documentation from a public or private body, to assist them in investigating their claims.
The response is quite simple, in the sense that there are statutory provisions available for the obtaining of such information, namely the Promotion of Access to Information Act, (“PAIA”). PAIA is an instrument used to give effect to the right of access to information, protected in section 32 of the Constitution.
The Statute prescribes the following procedure
An individual seeking access to documentation (hereinafter “a requestor”), has a right of access to information kept by a public body or private body.
If a requestor complies with the procedural requirements, such a requestor must be given access to the information from the public body or private body from whom access to information is requested.
• Access to information can only be allowed upon request to the information officer of the public body or head of a private body from whom access to information is requested.
• Such a request must be submitted to the information officer of the public body or head of the private body concerned either by fax, email or delivered by hand.
• A requestor must ensure that the requested information does not constitute a ground for refusal under PAIA.
• An information officer of a public body or the head of a private body must respond within 30 days to the request made by the requestor. In the event of refusal, after full compliance with PAIA’s prescribed procedural requirements, a requestor has the right to take further legal action.
In the event of refusal by a public body
• Once a request is refused, a requestor must proceed with an internal appeal to the relevant authority, against a decision taken by the information officer of the public body;
• Such an internal appeal must be lodged within 60 days of the date of refusal;
• If the internal appeal made to the relevant authority is either unsuccessful or the requestor is aggrieved by the ruling, a requestor may within 180 days apply to a court for appropriate relief.
In the event of refusal by a private body
• Once the head of a private body refuses a request, a requestor may within 180 days apply to a court for appropriate relief.
Applications to Court
A court may grant the following orders with regards to an application made in terms of PAIA. The court can:
• Confirm, amend or set aside the decision which is the subject of the application;
• Require the information officer or relevant authority of a public body or the head of a private body to take such action or to refrain from taking such action, as the court considers necessary within the period mentioned in the court order;
• Grant an interdict, interim or specific relief, a declaratory order or compensation;
• Grant an order as to costs.
Should any person require assistance in future, to obtain information from either a public or a private body, please feel free to contact LEFEVRÉ STEYN JOUBERT, from Millers Attorneys in George.