reflected in the new Protection of Personal Information Act which states that there is a time
period of 180 days for requesters to submit a complaint to the Information Regulator, after
exhausting the PAIA process for gaining access to a personal record.
Once the rules and procedures for governing access to information cases has been
established by the Rules Board for Courts, all access to information cases will be heard
before the Magistrate’s Courts as a court of first instance, as provided for under section
79 of PAIA.
3.4.3.
What will happen to my case in court?
There are several possible outcomes when taking a PAIA case to court. After hearing both
sides of the matter, the judge presiding over the case has the power to grant an order that is
both fair and equal. This may include an order that: (1) confirms, changes, or removes the
decision of a public or private body with respect to the PAIA request; (2) requires the public
or private body to take a specific action or to refrain from a specific action; (3) grants an
interdict, a declaratory order, specific relief, or compensation; or (4) calls for the payment of
particular costs.
South African Human Rights Commission
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