Parliament, Wednesday, 23 September 2026 — The Portfolio Committee on Justice and Constitutional Development today agreed that the Department of Justice and Constitutional Development may proceed with the publication of the proposed amendments to the Rules of Procedure for Applications to Court in terms of the Promotion of Access to Information Act (PAIA).
The briefing, presented by the Department on behalf of the Rules Board for Courts of Law, outlined proposed updates to align PAIA court procedures across all judicial levels—including Magistrates’ Courts - with the Uniform Rules of Court. The revised rules are designed to remove procedural bottlenecks, streamline litigation, and prevent respondents from using dilatory tactics to frustrate legitimate requests for access to information.
Committee Chairperson Mr Xola Nqola highlighted that granting permission to publish these proposed rules is a vital step toward making the constitutional right of access to information under Section 32 a reality for all South Africans. “As we commemorate 30 years of our Constitution, we must ensure that our justice system actively facilitates, rather than impedes, transparency and accountability.
“PAIA was established to dismantle the culture of secrecy that defined our past. By approving the publication of these standardized rules, we are clearing away procedural barriers that have historically disadvantaged ordinary members of the public and civil society when seeking relief from the courts,” the Chairperson said.
Key procedural updates contained in the draft rules include standardizing PAIA Section 78 application processes across all court divisions while allowing standard court rules to fill operational gaps. The rules also provide explicit procedures for parties seeking condonation when time limits are missed.
Furthermore, Section 80 representations will now be standardized to be submitted under oath with supporting evidence at least five days prior to hearings. Finally, the amendments bring appeals under general court rules and repeal the previous PAIA Rules.
Mr Nqola said that with the committee’s concurrence on publication, the proposed rules move closer to full implementation, ensuring practical, accessible, and uniform judicial remedies for all citizens seeking access to information.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT, MR XOLA NQOLA.
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