Another deadline for Trustees - 30 June 2025

Many trustees and trust service providers are unaware that they have yet another deadline – to submit their Promotion of Access to Information Act 2 of 2000  (PAIA) reports to the Information Regulator. The current reporting period for PAIA annual reports covers the 2024/2025 period (1 April 2024 to 31 March 2025). 

What and why?

The Information Regulator is, among other powers, authorised to oversee and enforce compliance by both public and private entities with the provisions of PAIA, particularly regarding access to information. Trusts are considered private bodies. According to section 83(4) of PAIA, Information Officers (IOs) (the first person attached to the entity is automatically designated as the IO), or Deputy Information Officers (DIOs), are required to submit their Annual Reports to the Information Regulator concerning requests for access to records received and handled by the private entity during the reporting period. The report should detail the number of access requests received, the number granted, and other pertinent information related to the trust’s information access procedures. A complete list of the areas for which values (number of instances) need to be reported can be found in Section 32 of PAIA.

While the wording in Section 83(4) might suggest a discretionary request, the Information Regulator has interpreted this as a mandatory requirement for all private bodies to submit an Annual Report. The purpose of this reporting is to ensure transparency and accountability of private entities, including trusts, in handling access to information requests. 

How?

You cannot submit your annual report unless your entity, IO, DIO (optional), and Admin Officer (optional) are registered with the Information Regulator. Registering is a quick process. It is interesting that, when registering, the Information Regulator only requests the trust’s name (of which there may be many with the same name) without any further identification, such as the IT number. It also requires an industry or sector classification that does not account for trusts. Additionally, you must select a designation for the IO and DIO, which only accommodates company roles and not those of trusts. 

The online portal for submitting Annual Reports can be accessed through the Regulator website, https://inforegulator.org.za, or directly via the Regulator eServices portal at https://eservices.inforegulator.org.za. The Annual Report is not an actual document that you have to submit. One merely indicates numbers against the nine questions asked on the portal, a process that can take less than 5 minutes if you have all the necessary information readily available.

When?

The portal for submitting Annual Reports for the 2024/2025 period (1 April 2024 to 31 March 2025) went live on 1 April 2025, and the submission of these Annual Reports will close on 30 June 2025.

Consequences of non-compliance

Although the Information Regulator currently does not have the authority to impose direct penalties for failure to submit PAIA reports, non-compliance can lead to an on-initiative PAIA assessment, which may include a physical inspection and review of documents. Furthermore, failing to submit these reports hinders the Regulator's ability to monitor PAIA implementation and protect the right to access information. The Regulator is seeking greater enforcement powers from Parliament. It is, however, advisable for trustees to comply with the legislative requirements.