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Deadline for PAIA annual report by private bodies looms─── OLEBOGENG MOTSE 23:31 Sat, 17 Jun 2023
The deadline for the submission of annual reports by all private bodies on access to information requests and received as per the Promotion of Access to Information (PAIA) is on the horizon.
The deadline for submissions to the Information Regulator for the 2022/23 report is 30 June 2023. Ridwaan Boda, the Head of Technology, Media and Telecommunications Law at ENS Africa stresses the importance of PAIA compliance in his conversation with the OFM Business Hour.
Background: In terms of section 32 of the Promotion of Access to Information (PAIA), the information officer of every public body must submit on an annual basis a report to the Regulator in respect of access to information requests received and processed by the public body. Section 83(4) of PAIA empowers the Regulator to also request the Heads of private bodies to furnish it with reports about requests for access to records of the private body” says the Information Regulator via a statement.
Boda says the purpose of these reports is to generate statistical data on the number of requests for access to records received, whether such requests have been actioned, and access to information granted. The data obtained provides insights into PAIA implementation and compliance within both the public and private spheres. The Regulator will, in turn, rely on such information in its own Annual Report to the National Assembly on PAIA-related issues.
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Consequences for non-compliance
“If a private body fails to submit an annual report by the specified deadline, it could potentially become subject to an assessment by the Regulator and the Regulator may serve an information officer or head of a private body with an enforcement notice. Furthermore, an information officer or head of a private body who fails to comply with an enforcement notice will be guilty of an offence and may be liable for a fine or imprisonment or both. Therefore, private bodies should submit an annual report to the Regulator to avoid enforcement action,” concluded Boda.
OFM Business Hour
