Promotion of Access to Information Act
Encyclopedia
The Promotion of Access to Information Act 2 of 2000 (PAIA) is legislation of the Republic of South Africa giving effect to the right in that country's Constitution of access to any information held by the State, and any information held by private bodies that is required for the exercise and protection of any rights. It applies specifically to South Africa
, but is part of the global drive towards freedom of information
. The Act is enforced by the South African Human Rights Commission
(SAHRC).
Freedom of Information is fast becoming a standard worldwide, with over 50 countries having already written it into law in one form or another, and over 140 more countries committed to implementing it into their legislation within the next few years.http://www.paiabuilder.com/
In terms of PAIA, information officers (IOs) have a critical role of ensuring the implementation of the Act, by:
Much of the South African public and private sectors have yet to comply with this legislation.
In terms of public bodies, various concerns have been cited as reasons for non-compliance, such as:
Thus, in light of these challenges, which are major factors hampering proper implementation of a successful access to information regime in South Africa
, that a cross-sectoral information officers forum was established on 20 September 2006.
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, but is part of the global drive towards freedom of information
Freedom of information
Freedom of information refers to the protection of the right to freedom of expression with regards to the Internet and information technology . Freedom of information may also concern censorship in an information technology context, i.e...
. The Act is enforced by the South African Human Rights Commission
South African Human Rights Commission
The South African Human Rights Commission was inaugurated in October 1995 as an independent national institution. It draws its mandate from the South African Constitution by way of the South African Human Rights Commission Act of 1994....
(SAHRC).
Freedom of Information is fast becoming a standard worldwide, with over 50 countries having already written it into law in one form or another, and over 140 more countries committed to implementing it into their legislation within the next few years.http://www.paiabuilder.com/
In terms of PAIA, information officers (IOs) have a critical role of ensuring the implementation of the Act, by:
- Receiving and responding to PAIA requests
- Compiling and submitting section 14 manuals to the Commission
- Compiling and submitting section 15 notices to the Minister of Justice
- Compiling and submitting section 32 reports to the Commission.
Compliance
Every private body must publish a simple manual in line with section 51 of the Act. For most faith-based organisations, the deadline for publishing a manual is now 31 December 2011. Unlisted companies in some sectors that have 50 or more employees or turnover greater than certain amounts must submit a manual by 31 December 2005. See Government Gazette No. 27988 (31 August 2005) for more details.Much of the South African public and private sectors have yet to comply with this legislation.
In terms of public bodies, various concerns have been cited as reasons for non-compliance, such as:
- Lack of awareness by public bodies about their duties in terms of the Act;
- Public bodies not taking their obligations in terms of PAIA seriously;
- Poor information management systems (no records management policies and file plans) in public bodies;
- Failure to delegate information officers’ powers within the public bodies; and
- Inability to identify the Unit or Division to be responsible for administering PAIA
Thus, in light of these challenges, which are major factors hampering proper implementation of a successful access to information regime in South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, that a cross-sectoral information officers forum was established on 20 September 2006.
The Information Officers Forum
The objectives of the forum are as follows:- To share information on the implementation issues and difficulties on PAIA;
- To help raise awareness of the Act in the public bodies; · To advice the Commission on areas that require its “intervention”;
- To advice I/Os & other sectors on the latest developments on PAIA; and
- To help with capacity building issues in public bodies How to achieve those objectives
- Calling all (D) I/Os to a yearly meeting / indaba to share experiences on implementing the Act;
- Creating a virtual forum (on the Commission’s website) that can be used for continuous discussion of difficulties of the Act;
- Distribute questionnaires on the difficulties they experience and how they can be resolved; and
- Consulting with public bodies on best practice & implementation/processes under PAIA;