Right of access to records of public bodies
(1) A requester must be given access to a record of a public body if— (a) that requester complies with all the procedural requirements in this Act relating to a request for access to that record; and (b) access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.
(2) A request contemplated in subsection (1) excludes a request for access to a record containing personal information about the requester.
(3) A requester’s right of access contemplated in subsection (1) is, subject to this Act, not affected by— (a) any reasons the requester gives for requesting access; or (b) the information officer’s belief as to what the requester’s reasons are for requesting access.
What this means in practice
- Access to a public body's records is a right on request — the requester need only follow the procedure and clear the Chapter 4 refusal grounds. Unlike private bodies, no underlying right needs to be shown.
- The requester does not have to give reasons, and the body may not treat assumed motives as relevant (subsection (3)). Requests for your own personal information run under POPIA, not here.
PopiGuard helps public bodies log and process access requests correctly from day one — and keeps the PAIA/POPIA boundary clear.