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 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. PAIA seeks to balance
transparency with safeguards against misuse, thereby reinforcing democratic values of
accountability.² However, in practice, its implementation has been hindered by
administrative delays and inconsistent compliance by both public and private bodies,
undermining the constitutional purpose.³ Academic commentary notes that PAIA reflects
international frameworks, such as the United Nations’ principles on freedom of
information, in its promotion of open governance.⁴
1.2 Bodies from Whom Information May Be Requested
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 (‘SARS’), the Department of
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 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. PAIA seeks to balance
transparency with safeguards against misuse, thereby reinforcing democratic values of
accountability.² However, in practice, its implementation has been hindered by
administrative delays and inconsistent compliance by both public and private bodies,
undermining the constitutional purpose.³ Academic commentary notes that PAIA reflects
international frameworks, such as the United Nations’ principles on freedom of
information, in its promotion of open governance.⁴
1.2 Bodies from Whom Information May Be Requested
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 (‘SARS’), the Department of
