Rupert at the IDUAI

On 28 September 2025, the Information Regulator of South Africa hosted the International Day for Universal Access to Information (IDUAI) at the Riverside Hotel Conference Centre in Durban. The event marked 25 years of the Promotion of Access to Information Act (PAIA) and brought together Information Officers, civil society organisations, legal experts, and academics to reflect on progress made — and the challenges that remain.

The theme for this year was:

“Reflecting on 25 years of the Access to Information Law and making it fit for purpose in the Digital Age.”

Progress, but Still Work to Be Done

The Regulator acknowledged a key concern: despite PAIA being in effect for a quarter of a century, less than 33% of public and private bodies are fully compliant.

From the Information Officer perspective, the reasons are not surprising:

• Guidance is often written in dense legal language rather than plain, practical terms.
• Paper-based forms remain the standard, frequently revised, creating confusion when older versions are invalidated.
• Education and outreach efforts have been limited, leaving many IOs uncertain about their obligations.
• Most importantly, there has been little structured engagement with the IO community to understand and address these challenges.

Rupert & Andries Nel - Deputy Minister of Justice and Constitutional Development in South Africa

Keynote Address: A Call to Renew and Modernise PAIA

The keynote address by Hon. Andries Nel, Deputy Minister of Justice and Constitutional Development, brought both gravitas and urgency to the day’s proceedings. In a powerful symbolic gesture, he invited the audience to rise and recite the Preamble to the South African Constitution. It was a reminder that access to information is not a technicality, nor a bureaucratic exercise, but a constitutional principle woven into the very fabric of our democracy.

Minister Nel framed South Africa’s challenges within the wider global context, noting UNESCO’s designation of International Day for Universal Access to Information and the United Nations’ recognition of transparency as a cornerstone of sustainable development. With 139 countries now having access-to-information laws, he reminded delegates that Africa still lags behind, with just over half its population covered. His message was clear: South Africa’s leadership in this space carries both a domestic and continental responsibility.

Looking inward, the Deputy Minister acknowledged the historical weight of our journey from apartheid secrecy to constitutional transparency. During apartheid, information was weaponised to control, silence, and oppress. PAIA, by contrast, was meant to empower citizens and strengthen accountability. Yet, as Nel candidly admitted, 25 years later “PAIA is honoured in breach rather than in compliance.” Only 33% of public bodies and less than 2% of private bodies have been meeting their reporting obligations — a sobering indicator that the gap between principle and practice remains wide.

Importantly, Nel did not shy away from the reality that PAIA requires urgent modernisation. He highlighted reforms already before Parliament, including amendments to strengthen oversight, ensure written designations of deputy information officers, and clarify the balance between refusal grounds and mandatory disclosure in the public interest. He also acknowledged Constitutional Court rulings that compel lawmakers to revisit provisions that have proved unconstitutional.

Much of his address looked forward, calling for PAIA to be made “fit for purpose” in the digital age. In an era defined by artificial intelligence, algorithmic decision-making, and disinformation, South Africans expect access to information to be real-time, inclusive, and accessible. Nel pointed to the dangers of algorithmic opacity, data monopolies, and the digital divide — and underscored that transparency cannot come at the expense of privacy and data protection. In this context, legislative reform is not optional, but essential.

The Deputy Minister closed on an aspirational note: access to information is more than a legal right, it is the key to deepening democracy. Information is power, but access is empowerment — and if South Africa is to realise the full promise of its Constitution, PAIA must evolve to keep pace with both social expectations and technological change. His words set the stage for the robust conversations that followed, challenging both the Regulator and practitioners alike to bridge the gap between ideals and implementation.

Rupert at the mic during Q&A

Some of the Issues on the Floor

What made the event particularly valuable was the frankness of the exchanges during Q&A. Several important concerns were raised by attendees:

• Public education: One delegate highlighted that public education on both PAIA and POPIA is virtually non-existent. When SAIR officials pointed to the existence of an educational video, he reminded the room that large sections of South Africa’s population simply don’t have access to video-watching tools. Without inclusive, accessible education, legislation remains out of reach for the very people it is designed to protect.
• Cultural and language barriers: Another point, echoed by the same delegate, was that in many rural communities there is cultural resistance to asserting the right of access to information. Overcoming this requires simplifying the language, meeting people where they are, and actively working to break down cultural barriers through targeted education campaigns.
• Practical compliance hurdles: I raised two questions that resonated with the audience and the Regulator alike:
• Should certain IO functions be outsourced to specialists, much like accounting or legal work, to ease the burden on organisations?
• Why is the submission process still paper-based in 2025, instead of a centralised online system that updates forms in real time?

These questions sparked constructive discussion, with the Regulator’s CIO clarifying that in some cases, an IO can represent more than one organisation, though this is not yet supported directly by the online portal. A follow-up discussion after the event confirmed that exceptions can be made, signalling openness to practical solutions.

Reviving an Information Officers Forum

Perhaps the most encouraging outcome came at the very end, when the CIO suggested the resurrection of an Information Officers Forum. While such a body apparently existed in the past, many IOs had never heard of it.

Re-establishing the forum as a formal consultation platform would allow IOs to share their challenges directly with the Regulator, ensuring that solutions are informed by on-the-ground realities. It’s an initiative I fully support, and one I have started driving forward with the relevant SA Information Regulator's role players.

Looking Ahead

The day underscored two realities:

• The gaps remain wide. 25 years of PAIA has not yet delivered the level of transparency and accountability envisioned.
• But the willingness is there. From leadership’s presence to the call for a revived IO forum, there are signs of momentum toward meaningful reform.

As Information Officers, we are at the coalface — we see what works, what fails, and where the real frustrations lie. The discussions at IDUAI 2025 were an important start, but many of us will have left with ideas that go further than what was raised in the room. Some areas I believe are worth exploring include:

• Digital-first compliance: Moving away from paper toward a secure online portal for all IO submissions. A single, authoritative platform would remove confusion around “version control” of forms and make compliance faster and easier.
• Shared or outsourced IO services: Allowing businesses — particularly SMEs and NGOs — to appoint external IO specialists, much like they do with accountants or auditors. This would both ease the administrative burden and ensure compliance through expertise.
• Plain-language guidance: Legislation and compliance documents should be available in clear, accessible language, complemented by toolkits, FAQs, and practical checklists that IOs can easily adapt for their organisations.
• Inclusive education campaigns: Beyond videos, we need outreach that meets people where they are — community radio, posters, local-language workshops, and grassroots engagement in rural areas where cultural barriers still limit the assertion of information rights.
• Capacity-building for IOs: Regular training, CPD-style workshops, and practical case studies would empower IOs to carry out their duties with confidence, rather than leaving each to “figure it out” in isolation.
• A revived Information Officers Forum: Not just as a symbolic gesture, but as a structured, representative body that meets regularly with the Regulator, feeding back challenges and co-creating solutions.

If these ideas are taken seriously, compliance rates could rise significantly — and with them, the trust that citizens place in both public and private institutions.

Access to information is more than a legal requirement; it is a cornerstone of accountability, democracy, and human dignity. The next 25 years of PAIA must focus less on lofty ideals and more on practical delivery — and that starts with listening to the people tasked with making the law work on the ground.

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  IDUAI 2025 Video on YouTube

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