LCR4803
Assignment 1
Semester 2 2025
Due August 2025
, LCR4803
Assignment 1
Semester 2 2025
Due August 2025
Access to Information, Privacy, Open Justice, Freedom of Expression, and
Related Legal Doctrines in South African Law
1. The Promotion of Access to Information Act 2 of 2000 (PAIA)
1.1 Constitutional Basis
Section 32 of the Constitution guarantees the right of access to information held by the
state or by another person if such access is required for the exercise or protection of
rights.¹ The Promotion of Access to Information Act 2 of 2000 (“PAIA”) operationalises
this right through a formalised process for requesting records. It aims to promote
transparency while safeguarding against misuse, thereby reinforcing democratic
accountability.² Yet, administrative delays and inconsistent compliance have
undermined its constitutional purpose.³ Comparative analysis shows that PAIA draws
from global freedom-of-information norms, including United Nations principles on open
governance.⁴
1.2 Scope of Application
PAIA applies to both public and private bodies. Public bodies include all organs of state
at national, provincial, and local levels, as well as entities exercising public powers or
performing public functions in terms of law. Examples include the South African
Revenue Service, the Department of Justice, and state-owned enterprises such as
Eskom. Requests to public bodies require no justification beyond reliance on the
constitutional right.⁵ Private bodies include natural or juristic persons engaged in trade,
business, or professional activities. In these cases, the requester must show that the
information is necessary for the exercise or protection of a right.⁶ Examples range from
Assignment 1
Semester 2 2025
Due August 2025
, LCR4803
Assignment 1
Semester 2 2025
Due August 2025
Access to Information, Privacy, Open Justice, Freedom of Expression, and
Related Legal Doctrines in South African Law
1. The Promotion of Access to Information Act 2 of 2000 (PAIA)
1.1 Constitutional Basis
Section 32 of the Constitution guarantees the right of access to information held by the
state or by another person if such access is required for the exercise or protection of
rights.¹ The Promotion of Access to Information Act 2 of 2000 (“PAIA”) operationalises
this right through a formalised process for requesting records. It aims to promote
transparency while safeguarding against misuse, thereby reinforcing democratic
accountability.² Yet, administrative delays and inconsistent compliance have
undermined its constitutional purpose.³ Comparative analysis shows that PAIA draws
from global freedom-of-information norms, including United Nations principles on open
governance.⁴
1.2 Scope of Application
PAIA applies to both public and private bodies. Public bodies include all organs of state
at national, provincial, and local levels, as well as entities exercising public powers or
performing public functions in terms of law. Examples include the South African
Revenue Service, the Department of Justice, and state-owned enterprises such as
Eskom. Requests to public bodies require no justification beyond reliance on the
constitutional right.⁵ Private bodies include natural or juristic persons engaged in trade,
business, or professional activities. In these cases, the requester must show that the
information is necessary for the exercise or protection of a right.⁶ Examples range from
