The transition to a democratic South Africa resulted in a transforming country which boasts a unique human rights and transformative constitutional framework. Enshrined in Section 32 of the Constitution is the right of access to information, which extends to both public and private bodies. Section 32(1) provides that "everyone has the right of access to any information held by the state; and any information that is held by another person and that is required for the exercise or protection of any rights". The Promotion of Access to Information Act, 2 of 2000 (PAIA) gives effect to the right of access to information through provision of mechanisms for requesting access to information held by both public and private bodies. The establishment of the Information Regulator (Regulator) in 2016 necessitated certain changes, including moving the PAIA promotion, monitoring and enforcement mandate from the SA Human Rights Commission (SAHRC) to the Regulator in 2021. Such a move meant that PAIA became the Regulator's full responsibility, including ensuring that sufficient and relevant awareness around the legislation is raised with both the public and private bodies, and the public at large.
Human Sciences Research Council (Fri,) studied this question.