Section 77K
Non-compliance with Enforcement Notice
Part 4 · Appeals Against Decisions · Chapter 1A — Complaints to Regulator
An information officer of a public body or head of a private body who refuses to comply with an enforcement notice referred to in section 77J, is guilty of an offence and liable upon conviction to fine or to imprisonment for a period not exceeding three years or to both such a fine and such imprisonment.
Source: SAFLII — Promotion of Access to Information Act 2 of 2000 (consolidated, updated 11 October 2024) — cross-checked verbatim before publishing.
Beyond the text
What this means in practice
- This gives the enforcement notice teeth: refusing to comply is a criminal offence, punishable by a fine, up to three years' imprisonment, or both.
- PAIA non-compliance is no longer just a civil inconvenience — it can be personal criminal liability for the officer or head.
Relevant tool
PopiGuard helps make sure enforcement notices are actioned, keeping your information officer out of personal jeopardy.