SA’s Information Regulator Embarks On Assessment Of Political Parties’ Compliance With PAIA

The Information Regulator says it will embark on a robust assessment of political parties’ compliance with the Promotion of Access to Information (PAIA) Act 2, 2000.

The Regulator said the assessment is part of its programme of action presented in its Annual Performance Plan 2023/2024 to the Justice and Correctional Services Portfolio Committee.

This follows the Constitutional Court’s judgement in the My Vote Counts NPC v Minister of Justice and Correctional Services and Another [2018] ZACC 17 case, brought about the amendment of PAIA on 1 April 2021.

Information Regulator Chairperson, Advocate Pansy Tlakula, said the PAIA amendment created an obligation on all political parties and independent candidates to record, preserve, and make available information on their private funding.

It also includes political parties in the definition of a “private body”, making South Africa one of the few, if not the only country, which includes political parties in the access to information regime.

“Any person can request access to information held by a political party if they require this information to exercise any of their rights, particularly their right to vote. If access to information is denied or such information is not disclosed, a complaint may be lodged with the Regulator,” Tlakula explained.

Tlakula said the Regulator decided to include political parties in its assessments to strengthen transparency within political parties and “considering that the 2024 National and Provincial elections are upon us”.

“The areas of compliance which will be assessed include, but are not limited to, the designation or delegation of Deputy Information Officer (DIO), the registration of the Information Officer (IO) and DIOs with the Regulator, the development and availability of PAIA manuals, and creation and keeping of information relating to donations made to political parties as prescribed in section 52A(1)(a) of PAIA and the PAIA Regulation 6(1),” Tlakula said.

She added that the Regulator will also conduct onsite inspections at the offices of the political parties.

“The assessment will be of all political parties represented in Parliament. These assessments will be conducted from 19 May to 7 June 2023 [with] the first assessment conducted on the African Christian Democratic Party (ACDP) on 19 May 2023,” the Chairperson said.

Tlakula noted that the Regulator will during this financial year assess other public and private bodies, including universities, national and provincial government departments, and Johannesburg Stock Exchange (JSE)-listed companies.

She said in the last quarter of the previous financial year, the Regulator conducted PAIA assessments on short-term insurance companies, banks, municipalities, and regulatory bodies.

“Compliance with PAIA has, since its inception, been extremely low, and there has always been a reluctance from bodies to give information, which undermines the constitutional right of access to information. The aim of conducting the assessments is to ensure that institutions comply with PAIA meaningfully,” Tlakula said. – SAnews.gov.za