Rules Board for Courts of Law

INVITATION TO SUBMIT COMMENTS ON THE PROPOSED AMENDMENTS TO THE RULES IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT

The purpose of the attached letter is to invite comments on the proposed amendments to the Rules in terms of the Promotion of Access to Information Act. 

The Rules Board for Courts of Law (Rules Board), assisted by its PAJA/PAIA Committee, intends amending the existing Rules made in terms of the Promotion of Access to Information Act (PAIA Rules). The Rules Board is empowered to make rules of procedure in terms of section 79 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) [PAIA] which provides as follows:

“79 Procedure
“(1) The Rules Board for Courts of Law, established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), must, before 28 February 2009, subject to the approval of the Minister, make rules of procedure for-
(a)         a court in respect of applications in terms of section 78; and
(b)         a court to receive representations ex parte referred to in section 80 (3)(a).
(2) Until the rules of procedure in terms of subsection (1) (a) come into operation, an application in terms of section 78 must be lodged with a High Court or another court having jurisdiction.
(3) Any rule made in terms of subsection (1) must, before publication in the Gazette, be approved by Parliament.”

This is in addition to the authority vested in the Rules Board by section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), to make, amend or repeal the rules of certain courts.

Acting in accordance with its mandate as outlined above, the Rules Board made the existing PAIA Rules which were promulgated under Government Gazette No. 42740, Government Notice number R. 1284 of 4 October 2019, which came into operation on 4 November 2019.

The Rules Board performs its powers to make, amend or repeal certain identified rules regularly and on an on-going basis. With a view towards ensuring the proper functioning of the rules of procedure in both the Magistrates’ Courts and the High Courts, and also in keeping up with legislative developments, the Rules Board resolved to revise the existing PAIA Rules holistically. The process culminated in the revised draft PAIA Rules.

As part of its consultative process, the Rules Board hereby invites your comments on the proposed amendments to the Rules in terms of the Promotion of Access to Information Act, for submission to the Rules Board Secretariat by no later than 1 November 2024.   

Submissions can be sent via hand delivery or email as follows:

PHYSICAL ADDRESS: 2nd Floor, Centre Walk East Tower, 266 Pretorius Street, PRETORIA.
EMAIL: ZMbombo@justice.gov.za

Dated: 09 October 2024
Link corrected: 10 October 2024