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Draft PAIA Regulations Drawn Up

April 26, 2021

Department of Justice and Constitutional Development

Draft Regulations relating to the Promotion of Access to Information Act (PAIA) have been drawn up.

The justice and constitutional development department published the draft Regulations in Government Gazette 44479 for comment.

The department points out that the act was mainly amended by Section 110 of the Protection of Personal Information Act (POPIA) of 2013.

The remaining sections of POPIA will, in accordance with Proclamation 21 of 2020, come into operation on 30 June 2021.

According to the department, the Regulations promulgated in terms of PAIA need to be brought in line with the regulations promulgated in terms of POPIA.

The intention is to repeal the existing regulations and replace them with the draft regulations.

The proposed regulations focus on, inter alia, availability of guide, access to information, complaints to Information Regulator and offences and penalties.

Comment is invited until 17 May 2021.

Meanwhile, in Gazette 44480, the department published the explanatory summary of the Draft Land Court Bill.

The Land Court Bill aims to:

• provide for the establishment of a Land Court and a Land Court of Appeal;
• make provision for the administration of the courts and the judicial functions of the courts;
• make provision for administrative and budgetary matters relating to the courts;
• provide the courts with exclusive jurisdiction to adjudicate disputes arising from certain Acts of Parliament;
• provide for referral by Court for mediation or arbitration in respect of certain matters;
• amend certain laws relating to the adjudication of land matters by courts; and
• provide for matters connected therewith.

The draft bill will be tabled in parliament soon.

In Gazette 44473, the department published Proclamation 15 referring the Gauteng Department of Agriculture and Rural Development and Ekurhuleni Metropolitan Municipality to the Special Investigating Unit for investigation.

The investigation will focus on the period 1 January 2017 to the date of publication.

In particular, the procurement of, or contracting for the supply of 200 portable three-wheel motorised waste collection vehicles will come under the spotlight.