Speeches

Keynote Address by Hon Andries Nel, MP, Deputy Minister of Justice and Constitutional Development at the International Day for Universal Access to Information, held at the Riverside Hotel, Durban on Monday, 29 September 2025

Programme Director, Chairperson and Members of the Information Regulator, the Chairperson of the South African Human Rights Commission, distinguished guests,
It gives me great pleasure to join you at this event as we celebrate this year’s International Day for Universal Access to Information and as we reflect on 25 years of the Promotion of Access to Information Act.
Before we begin our formal proceedings, may I kindly ask that all of us rise, in body or in spirit, to recite the Preamble to the Constitution of the Republic of South Africa.

“We, the people of South Africa,
Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.
We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to ­
Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
Improve the quality of life of all citizens and free the potential of each person; and
Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.
May God protect our people.
Nkosi Sikelel' iAfrika. Morena boloka setjhaba sa heso.
God seën Suid-Afrika. God bless South Africa.
Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.”
Thank you.

A Day of Global Significance
Today we gather to celebrate a principle that lies at the heart of every thriving democracy, every empowered community and every accountable institution: the universal right to access information.
In 2015, UNESCO declared 28 September as the International Day for Universal Access to Information.
Four years later the UN General Assembly formally adopted it, thereby signalling to the world that transparency and access to information are not optional - but absolutely essential to democracy.

The United Nations has long recognized that access to information is not a privilege - it is a fundamental human right.
Enshrined in Article 19 of the Universal Declaration of Human Rights and echoed in the International Covenant on Civil and Political Rights, this right empowers individuals to seek, receive, and impart information freely.

This right goes to the very heart of democracy.
It is the one right that unlocks access to all other rights.
On this International Day for Universal Access to Information, we reaffirm a simple yet profound truth: that information is power.
But more importantly, access to information is empowerment.
It is the bridge between people and democracy, between questions and answers, between rights and realisation.

Why Access to Information matters globally
Across continents, access to information laws have become the cornerstone of open, democratic societies.
These laws enable civil society to hold power to account, and individuals to make informed decisions about their lives and their futures.
Access to information laws are not just legal instruments - they are lifelines of democratic participation.
Yet, we must recognise that access to information is not equal.

In many parts of the world, access to information laws remain weak or non-existent, implementation is inconsistent, and digital divides persist.
This day reminds us that our work is far from done.
We must continue to advocate for stronger, more inclusive, and more enforceable access to information frameworks - ones that serve all people, regardless of geography, gender, or socio-economic status.
The UN’s commitment to access to information is woven into the fabric of the 2030 Agenda for Sustainable Development.
Under Goal 16 we are called to “ensure public access to information and protect fundamental freedoms.”
This is not just a target - it is a global imperative.

UNESCO, as the custodian of this goal, monitors progress through Indicator 16.10.2, tracking how countries adopt and implement access to information laws.
It looks at the existence of access to information legislation and the effectiveness of oversight mechanisms.
Some of the key issues globally relate to gaps in enforcement, limited institutional capacity, and low awareness of the right of access to information.

Last week, UNESCO reported that currently 139 nations have freedom of information laws in place, covering 90% of the world’s population.
People all over the world filed 6.4 million information requests in 2024.
Yet, UNESCO states, significant gaps remain: only 55% of people in Africa live under access to information protections.
According to the African Network of Information Commissions, as at July 2024, 29 African countries have enacted access to information laws as recognised by the United Nations.

While many African countries face challenges in the effective implementation of these laws - such as bureaucratic hurdles and a lack of awareness - where these laws are effectively implemented, it significantly promotes accountability and improves service delivery.
This is why continuous efforts are needed to strengthen these laws as they contribute to democratic governance across the continent.

The importance of access to information in South Africa
Access to information is particularly important to us in South Africa – because of our history.
During apartheid access to information was deliberately restricted and tightly controlled by the state as a means of maintaining power and suppressing dissent.
Secrecy was a defining feature of the apartheid state.

The Protection of Information Act criminalized the disclosure of classified information - even when it exposed human rights abuses.
Many of us need no reminding, as we would have ourselves experienced the effects of laws such as the Suppression of Communism Act and the Publications Act.

Journalists were routinely harassed, detained or banned, and reporting on police brutality, political trials, or resistance movements was often prohibited.
Surveillance of activists and academics was widespread, creating a climate of fear that stifled open discourse and silenced opposition.
State-controlled media propagated racist ideologies and portrayed the regime as benevolent, while demonizing liberation movements.
Civil society organizations, trade unions and activists struggled to access reliable information and often relied on underground publications, word-of-mouth networks, and international solidarity movements to stay informed.
This deliberate denial of information was a tool of oppression.

The Promotion of Access to Information Act, 2000
In response to this legacy, in 1999, the Open Democracy Bill was introduced into Parliament, at the same time when the Promotion of Equality and Prevention of Unfair Discrimination Bill and the Promotion of Administrative Justice Bill were introduced.
From the Open Democracy Bill, two pieces of legislation were enacted during the course of 2000, namely the Promotion of Access to Information Act and the Protected Disclosures Act.

PAIA was enacted to give effect to Section 32 of the Constitution.
It marked a historic milestone in our country’s democratic journey – by affirming the right of every person to access information held by the state and private bodies, marking a bold shift toward transparency, accountability, and democratic values.
PAIA was designed not only to empower people, but also to strengthen democratic institutions by making them more responsive and accessible.
It was one of the first laws of its kind in Africa, setting a precedent for other nations seeking to institutionalize the right to know.

As PAIA is 25 years old this year, I want to quote from the Information Regulator’s 2025/26 Annual Performance Plan -
“Unfortunately, evidence from the Regulator’s work shows that twenty-five years later, PAIA is honoured in breach rather than in compliance by the holders of information in the public and private sectors.
For example, both public and private bodies still largely fail to comply with their reporting requirements in terms of sections 32 and 83(4) of PAIA. These reports are intended to show how the public and private bodies are handling requests for information.
In the 2023/24 financial year, only 278 out of 853 public bodies (national departments, provincial departments, local government, public entities, universities and TVET Colleges) submitted their PAIA annual reports to the Regulator. This marks an overall compliance rate of about thirty-three percent (33%).
Private bodies can also be called upon by the Regulator to submit Annual Performance Plan 2025/26 these reports, and in the same period, out of over two-million registered private bodies, only 34 460 submitted their reports (less than 2%).
… This state of affairs demonstrates that more effort must be made by all stakeholders to improve the compliance levels on PAIA.”

The Regulator continues to say that therefore, in this financial year, it will initiate a process of affecting legislative amendments to PAIA to enable it to develop and issue regulations on PAIA, to modernise the legislation to make it fit for purpose and to respond to changes in society that have been brought about by changes in technology, and to strengthen the Regulator’s enforcement powers in relation to PAIA.
From the side of government, we welcome these developments and commit to support the Regulator in this very important work.

Legislative reform
On the topic of legislative reform specifically, it is important to stress that reform is not optional - it is essential to ensure that our legislation adapts and remains fit for purpose.
The law needs to be as dynamic as our changing world demands.
Law reform must do more than respond to today’s problems, it must also anticipate tomorrow’s.
We need to align our legal framework with the rapid social, technological and global changes facing us.
Legislation is constantly reviewed and amended to keep up with changing times and to improve areas of the law.
The Judicial Matters Amendment Bill, 2025, that was introduced into Parliament contains proposed amendments to PAIA. 

Amongst others, Clause 3 of the Bill seeks to amend section 15 of PAIA to ensure that all public bodies make available a description of the voluntary disclosure and automatic availability of certain records.
Section 17 of PAIA deals with the designation of deputy information officers. Clause 5 of the Bill seeks to clarify that such designations should be in writing and that any designation or delegation does not prohibit the person who made the designation or delegation from exercising the power or performing the duty concerned himself or herself.

Sections 33 to 45 of PAIA, deal with the grounds for refusal of access to records that are held by public bodies. 
These sections, except for section 35, are all subject to section 46 which deals with the mandatory disclosure of records in the public interest.
Section 46 provides, among others, that access to a record must be granted if the disclosure of the record would reveal evidence of a substantial contravention of the law and the public interest in the disclosure of that record clearly outweighs the harm contemplated in sections 35 to 45, excluding section 35.

In May 2023, the Constitutional Court in Arena Holdings (Pty) Ltd t/a Financial Mail v South African Revenue Service declared sections 35 and 46 of the PAIA unconstitutional to the extent that they preclude access to tax records by a person other than the taxpayer even in circumstances where the requirements of section 46 are met. 
Parliament was given 24 months to remedy the constitutional invalidity in PAIA.
Clause 6 of the Bill seeks to clarify that section 35(1) of PAIA is also included under the ambit of section 46. 

Keeping the law fit for purpose in the digital age
We live in a time of unprecedented technological change. Information flows faster than ever, across borders and platforms, in formats unimaginable just a decade ago.  

We live in an era of algorithms, artificial intelligence and data-driven decisions.
In today’s digital age the right to access information is no longer confined to dusty archives or government gazettes.
It lives and breathes online - on websites, social media platforms, and open data portals.
But with this digital revolution comes new challenges: algorithmic opacity, data monopolies, misinformation and disinformation, breaches of privacy, surveillance and issues around cyber security.
With innovation comes complexity – and it is against this reality that the review of PAIA must take place.

The UN has urged countries to ensure that access to information laws remain fit for purpose in this digital age.  To remain fit for purpose, access to information laws must evolve.
They must embrace digital realities - ensuring transparency in automated decision-making, safeguarding access to public data, and protecting whistleblowers in the digital realm.
They must be agile, forward-looking, and resilient against the forces that seek to obscure truth and silence inquiry.
Digital rights have expanded the scope of access to information, transforming it into a dynamic, real-time experience. People expect immediate updates on issues, delivered through digital channels that are fast, transparent, and inclusive.
These expansions come with a new set of responsibilities.

Access to information must be balanced with the right to privacy and data protection. As more public records and personal data move online, our laws must evolve to define what can be disclosed and what must be safeguarded.
Digital rights frameworks push for stronger protections against surveillance, data misuse, and breaches - ensuring that transparency never comes at the cost of personal security.

Equally important is the role of tech platforms. Algorithms now shape what information we see, and digital rights demand accountability.
Access to information laws must address the role of artificial intelligence in information dissemination and decision-making.
Algorithmic transparency and accountability are vital, especially when these technologies are used by public institutions.
People need to know why certain content is promoted or suppressed, and how platform policies affect public discourse. This calls for greater transparency in content moderation and algorithmic decision-making.

In the digital age, misinformation and disinformation pose serious threats to public trust and democratic processes. Access to information laws therefore need provisions for information integrity.
Resolutions such as the African Commission on Human and Peoples’ Rights’ (ACHPR) Resolution 630 focuses on the need to regulate and guide tech companies to uphold information integrity. It helps to guide platform accountability and promotes independent verification.
Access to information reforms should strengthen mechanisms for verifying and disseminating accurate public information, but without infringing on freedom of expression.

Bridging the digital divide
Access to information also hinges on digital inclusion.
Digital rights advocate for closing the digital divide. Our laws must reflect this reality by promoting universal access and equitable infrastructure.
Bridging the digital divide involves improving internet affordability, expanding infrastructure and promoting inclusive design.
Public information should be accessible in multiple languages and formats to ensure that no one is left behind.
These shifts are prompting legal reform internationally with countries revising their access to information laws to include digital formats, e-governance tools, and online publication mandates.

Digital rights are not just a tech issue - they are a human rights imperative.
They ensure that access to information remains relevant, inclusive and effective in the digital age.
Reforming access to information laws in the digital age requires a thoughtful and forward-looking approach that balances transparency, privacy, equity, and technological realities.

Institutional oversight is another pillar of effective reform.
Independent information commissioners or oversight bodies should be empowered to ensure robust enforcement and transparency.
Legal and normative frameworks must be updated to reflect digital realities and it is crucial that these reforms must align with international human rights standards.

Conclusion
I want to conclude with the words of former UN Special Rapporteur on the Right to Privacy, Joseph A. Cannataci, when he said that -
“The tripod of enabling rights – privacy, freedom of expression, and freedom of access to information – existed before the advent of digital technologies. So did the right to dignity and the free, unhindered development of one’s personality.
Digital technology has however resulted in a huge impact on these rights both off-line and online where, today, netizens generate tens of thousands of more data sets about themselves than they did two decades ago.”

This is the reality we find ourselves in.
And it is against this reality that we need to draft our laws.
We also need to see these different rights not in isolation, but as interconnected.
As we start the discussions on making PAIA fit for the digital age, let us use this International Day to uphold transparency and access to information.
Let us strengthen our laws, close the gaps, and ensure that every person can access the information they need to live informed, empowered lives.
Let it be a call to each of us here to deepen our democracy by defending the right to know.
Because when information flows freely, societies flourish.
When communities are informed, democracy becomes a lived reality in the lives of people, and we build a more transparent, equitable and informed world.

I thank you.