Documents

Legislation

• The Protection of Personal Information Act, 2013 (Act 4 of 2013)
• The Protection of Personal Information Act: Regulations: Information register (English / Afrikaans), GG 42110, RG 10897, GoN 1383, 14 Dec 2018
  
• Protection of Personal Information Act: Commencement of certain sections (English / Afrikaans), GG 43461, RG 11136, P 21, 22 Jun 2020.
  Sections 2 to 38; 55 to 109; 111; and 114(1), (2) and (3) shall commence on 01 July 2020 and sections 110 and 114(4) shall commence on 30 June 2021.
• The Promotion of Access to Information Act, 2000 (Act 2 of 2000)
  The Promotion of Access to Information Amendment Act, 2002 (Act 54 of 2002)

Invite to Comment

• Notice relating to the development of Guidelines on the Registration of Information Officers in terms of Chapter 5 of the Protection of Personal Information Act 4 of 2013
  
  Erratum to extend the closing date for the submission of comments on the Draft Guidelines for the Registration of Information Officers to 31 August 2020 [12/08/2020]
  
  The Information Regulator (Regulator) has developed draft Guidelines on the Registration of Information Officers (Guidelines). The draft Guidelines are informed by section 55(2) which requires that a responsible party registers its Information Officer with the Regulator before taking up his or her respective duties in terms of the Protection of Personal Information Act 4 of 2013 and the Promotion of Access to Information Act 2 of 2000.
  
  The Regulator hereby invites written comments on the draft Guidelines from 17 July 2020 until 16 31 August 2020 (close of business at 16h00). Comments must either be delivered to the Information Regulator at: Physical Address: Braampark, Forum 3, 33 Hoofd Street, Braamfontein, 2017 or transmitted via Email to: NNemasisi@justice.gov.za
• Notice relating to amended guidelines to develop Codes of Conduct in terms of Chapter 7 of the Protection of Personal Information Act of 2013
  Closing date: 17th January 2020
  Published: 06 Dec 2019, Amended Notice

Government Gazettes

• GG 42110, RG 10897, GoN 1383, 14 Dec 2018 - Protection of Personal Information Act: Regulations: Information register (English / Afrikaans). The Information Regulator (Regulator) have tabled the Regulations in Parliament on 03 December 2018 and the Regulations were published in the Government Gazette on 14 Dec 2018.
• GG 41105, GoN 709, 08 Sep 2017 - Protection of Personal Information Act, 2013 (Act. 4 of 2013): Invitation to comment on Draft Regulations relating to the Protection of Personal Information. Deadline for comments is 07 Nov 2017.
  
  INVITATION FOR PUBLIC COMMENTS ON THE DRAFT REGULATIONS OF THE INFORMATION REGULATOR IN TERMS OF SECTION 112(2) OF THE PROTECTION OF PERSONAL INFORMATION ACT 2013 (ACT NO 4 OF 2013)
  
  The Regulator has gazetted its draft Regulations in terms of Section 112(2) of Act. No.4 of 2013 on 8th September 2017 for comments which to provide such comments will close of 7th November 2017. To this end, the Regulator intends to visit all the provinces with the aim to solicit comments on its draft Regulations.
  
  Follow this link to view the Time Table of Activities & Provincial Consultations [Updated 08 Nov 2017].

Relevant Judgments

• My Vote Counts NPC v President of the Republic of South Africa and Others (13372/2016) [2017] ZAWCHC 105 (27 September 2017)
  This application is brought in terms of Section 172(2) of the Constitution of the Republic of South Africa, Act No 108 of 1996 (“the Constitution”). The Applicant seeks a declaration that information about the private funding of political parties is reasonably required for the effective exercise of the right to vote in Section 19(3)(a) of the Bill of Rights. Furthermore it seeks a declaration that the Promotion of Access to Information Act, 2 of 2000 (“PAIA”) is inconsistent with the Constitution and invalid, insofar as it does not allow for the continuous and systematic recordal and disclosure of private funding information of political parties.
• Black Sash Trust v Minister of Social Development and Others [2017] ZACC 8
  Constitutional Court [CCT48/17 - 17 Mar 2017]
  Summary: social grants - judicial supervision - direct access - section 172 - just and equitable remedy - continuing constitutional obligation - AllPay 1 - AllPay 2