Accountability v. Secretary of Parliament8, the parliamentarians concerned had allegedly committed fraud
through state-issued travel vouchers. This conduct constituted a substantial contravention of South Africa’s
Promotion of Access to Information Act (hereinafter PAIA) such that no protection could possibly or
reasonably be expected.
The court further observed:
Any conduct by Members of Parliament which on the balance of probability would disclose unlawful or
irregular conduct in the exercise of their parliamentary duties, constitutes a threat to South Africa’s
institutional democratic order and warrants disclosure in the public interest… 9.

Meanwhile, the Bill compels all entities to have an information officer. Organisational heads of entities
must designate or appoint an information officer who will be responsible for receiving, handling or
overseeing information requests directed to the entity. Where a head of entity fails to appoint or designate
an information officer, that same organisational head shall be the information officer for purposes of this
Act. The information officer has a statutory duty to assist people who require information. This duty extends
to assisting information seekers in the process of requesting information10.

8

2011 4 All SA 181 (ECG) paras 89-90
Ibid para 106
10
Section 3(3)(c)(ii)
9

8

Select target paragraph3