Urgent PAIA Compliance Alert: Are You Using the Correct Forms?

Attention all Information Officers and heads of private bodies in South Africa. If your organisation’s PAIA manual and request processes haven’t been updated since 2021, you are now actively non-compliant with the law.

On 31 August 2025, the Information Regulator issued a decisive directive by way of an official notice: the use of any repealed PAIA request forms must cease immediately. This isn’t a gentle reminder; it’s a clear signal that the era of lax enforcement is over. For businesses, this move has significant implications for commercial compliance, regulatory risk management, and corporate governance.

PAIA Manual Services: Drafting, Submission & Compliance Audits

The Promotion of Access to Information Act (PAIA) is a fundamental piece of data protection law that gives life to our Section 32 constitutional right to information. Its procedures are not mere suggestions, but rather strict legal requirements.

The 2021 Regulations introduced a new, mandatory Form 2 for all information requests. The Regulator has found that many entities are still using old, invalid forms, such as Form A, which creates a cascade of problems, such as:

• Invalidates Requests: Processing a request on an obsolete form is a direct breach of Regulation 7.1.

• Heightens Regulatory Exposure: It invites enforcement action and financial penalties from the Regulator.

• Damages Stakeholder Trust: It creates unnecessary barriers for requesters, harming your reputation and potentially leading to PAIA litigation.

Help with PAIA Applications: Expert Guidance for Requesters & Bodies

This most recent directive marks a decisive change in tone by the Information Regulator: PAIA compliance can no longer be an afterthought. It must be a strategically integrated component of your business advisory and risk advisory frameworks. Key actions for your organisation include:

• Conduct a PAIA Compliance Audit: Scrutinise your manuals, website portals, and internal processes. Ensure only the official 2021 Form 2 is available and accepted.

• Empower Your Information Officer: The accountability rests squarely with them, not junior staff. Ensure they are fully trained on this update and the end-to-end request process.

• Integrate with POPIA: Proactive organisations are merging their PAIA and POPIA compliance strategies. This holistic approach to information law is a hallmark of sophisticated corporate governance.

PAIA Compliance Lawyers: Mitigate Risk and Avoid Penalties

Ultimately, this mandate is about more than just a form. It’s about your organisation’s commitment to transparency and accountability. In today’s landscape, a robust access to information regime is a valuable asset, building trust with investors, customers, and the public. It demonstrates that your core legal structure is designed not just to avoid penalties, but to honour the constitutional rights it is built upon.

Quickfire Q&A: Your PAIA Questions Answered

Q: What is PAIA in a nutshell?

A: The Promotion of Access to Information Act (PAIA) is a key South African law that gives effect to the constitutional right of access to any information held by both public and private bodies. It is a cornerstone of transparency and good governance.

Q: Who needs to comply with PAIA?

A: PAIA applies to all "public bodies" (such as government departments and state-owned companies) and "private bodies" (which includes companies, close corporations, trusts, and partnerships). Essentially, if you run a business or organisation in South Africa, you likely have PAIA duties.

Q: What has the Information Regulator specifically demanded?

A: The directive is clear and non-negotiable. All organisations must immediately stop using old, repealed forms for information requests. The only form that is now legally valid for making a request is the 2021 version of Form 2. Crucially, the Information Officer is personally accountable for ensuring this compliance, and this responsibility cannot be delegated to administrative staff or other departments.

Q: Why is this such a big deal now?

A: The Regulator's notice is a firm warning that it is moving from guidance to active enforcement. Using the wrong form is a concrete, easily identifiable breach of the law, making organisations an easy target for penalties and damaging PAIA litigation. It’s a wake-up call to treat this legislation seriously.

Need Help with Your PAIA Manual or Application? Contact Our Specialist Law Firm Today

Navigating the intricacies of PAIA, from updating your manual to handling complex information requests, requires specialist knowledge. A poorly drafted manual or an incorrectly processed application can lead to costly dispute resolution and litigation support needs.

For businesses and private bodies seeking to mitigate risk, this is where expert legal counsel is indispensable. De Beer Attorneys, in a strategic partnership with the industry specialists at ITLawCo, provides unparalleled expertise in data protection law and PAIA compliance.

We offer tailored commercial legal services to ensure your PAIA framework is not only compliant but strategically sound. Our services include:

• PAIA Manual Drafting and Submission.

• Providing expert legal advice on handling complex information requests.

• Litigation support and representation for PAIA disputes and privacy law litigation.

• Conducting comprehensive compliance audits and staff training for Information Officers.

Don’t let an outdated form undermine your compliance and expose you to risk. Ensure your organisation’s transactional legal processes are watertight.

Contact De Beer Attorneys today at info@debeerattorneys.com for a consultation. Let our expertise in PAIA applications and information law guide you towards seamless compliance and robust corporate governance.

This information was last updated on 9 September 2025. This information is for general educational and entertainment purposes and is subject to change at any time.