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Promotion of Access to Information Act, 2000
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Legislation • Promotion of Access to Information Act, No.2 [PDF] • Promotion of Access to Information Amendment Act [No. 54 of 2002] • Regulation No. 187 of 15 February 2002 (Gazette No. 23119 Vol. 440 - contains fees and forms structure) Update on 31 December 2011 deadline
GUIDANCE NOTES:
Manual
NO FEES are payable to the Commission
for submission of your manual.
Promotion of Access to Information Act, (PAIA) Act 2 of 2000 is administered by the Human Rights Commission http://www.sahrc.org.za/paia_info.htm
Please note in general that the
PAIA legislation
creates the framework to the right to access information
enshrined in section 32 of the Constitution of the Republic
of South Africa, Act 108 of 1996. The purpose of this
legislation is to promote a culture of transparency,
accountability and good governance both in the private and
public sectors. Therefore, the Act places specific
compliance requirements on both state institutions and
private sector.
PAIA gives a requester the
right to lodge a request from the
information officer (head) of a private
body. A private body as defined in the Act
includes juristic bodies. The Act further
defines the head of a private body as “the
chief executive officer or equivalent
officer of the juristic person or any person
duly authorized by that office….”
The legislation defines
private bodies (juristic persons) as:
In terms of section 51 of PAIA, the
head of a private body must:a) A natural person who carries or has carried on any trade, business or profession, but only in such capacity b) A partnership which carries or has carried on any trade, business or profession or c) Any former or existing juristic person, but excludes a public body Juristic persons will therefore include close corporations, non-profit organizations and trusts. Please also note that holding companies and each of their entities or subsidiaries must submit separate manuals for each entity respectively.
After compiling your manual a
signed copy by the head of your organisation
(initialled on every page and a full
signature on the last page) must either be
emailed or posted to the PAIA Unit of the
Commission.
Please e-mail the
signed copy to:
dmalesa@sahrc.org.za.or
post hard copy to
the following address of the
Commission;
Private Bag
X2700
Houghton 2041
Tel: 011 877
3600
Fax: 011 403 0625 Commentary Section 32 of the Constitution deals with the right of access to information and provides that everyone has the right of access to any information held by the State, and any information that is held by another person and that is required for the exercise or protection of any rights. The Promotion of Access to Information Act, 2000, gives effect to section 32 of the Constitution subject to justifiable limitations, including but not limited to, limitations aimed at the reasonable protection of privacy, commercial confidentiality and effective, efficient and good governance and in a manner which balances the right of access to information with any other rights including the rights in the Bill of Rights in Chapter 2 of the Constitution. The Act establishes voluntary and mandatory mechanisms or procedures to give effect to that right in a manner which enables persons to obtain access to records of public and private bodies as swiftly, inexpensively and effortlessly as reasonable possible. The Act also promotes transparency, accountability and effective governance of all public and private bodies by empowering and educating everyone to understand their rights in terms of the Act, to understand the functions and operation of public bodies and to effectively scrutinise, and participate in, decision-making by public bodies that affects their rights. The Act, with the exception of sections 10, 14, 16 and 51, came into operation on 9 March 2001. Regulations & Notices
• Regulation
No. 187 of 15 February 2002 (Gazette No. 23119
Vol. 440 - contains fees and forms structure)
• Notice 246 of 2002
(Commencement of Sections) Manual
Extension For further inquiries please contact the SAHRC: Promotion of Access to Information Act, (PAIA) Act 2 of 2000 is administered by the Human Rights Commission Links and References |
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