Section 81
Proceedings are civil
Part 4 · Appeals Against Decisions · Chapter 2 — Applications to Court
(1) For the purposes of this Chapter proceedings on application in terms of section 78 are civil proceedings.
(2) The rules of evidence applicable in civil proceedings apply to proceedings on application in terms of section 78.
(3) The burden of establishing that— (a) the refusal of a request for access; or (b) any decision taken in terms of section 22, 26(1), 29(3), 54, 57(1) or 60, complies with the provisions of this Act rests on the party claiming that it so complies.
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
- These are civil proceedings — and crucially, the burden of proving a refusal or fee/extension decision complied with PAIA rests on the body, not the requester.
- That reversed onus is one of PAIA's sharpest teeth: silence or weak reasons lose.
Relevant tool
PopiGuard helps you build the documented reasons that discharge the s.81 burden if a refusal is challenged.