REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
mechanism for the resolution of all disputes relating to requests for access to
information. Under the PAIA the internal dispute resolution mechanisms must first be
exhausted before one can take a matter to court. Government has developed the system
for access to information over the years to ensure open and transparent governance and
administrative justice in particular.
174.
The South Africa Human Rights Commission has a specific mandate set out by PAIA to
promote the right to access information and monitor compliance with the legislation.
Since the inception of the legislation, the Commission has committed its resources to
heighten awareness, monitor compliance and provide assistance to members of the
public to assert their right to information. This function will become the function of the
Information Regulator, as discussed more fully hereunder.
175.
Sections 83 and 84 of the PAIA require the South African Human Rights Commission
(SAHRC) to submit an annual report to the National Assembly. According the 2012-2013
Annual Report on the Promotion of Access to Information Act (PAIA) by the South African
Human Rights Commission over 90% of municipalities remain non-compliant.107 A total
number of 24 institutions were sampled in 2012/13. The samples comprised of 10
national departments and 14 provincial departments. Requests were submitted to the
selected institutions with only 4 responses received within the 30 day time frame that
the PAIA provides. The responses were from the Department of Higher Education,
Department of Women and Children, the Western Cape Department of Human
Settlement, and Limpopo Department of Agriculture. 2 institutions out of 10 responded
in the national department category, and only 2 institutions out of 14 responded at the
provincial level. The research recorded a 16% response result.
176.
The PAIA places an obligation on all public bodies to submit annual reports to the
Commission on the number of requests received by each public body and how the
requests were processed. This requirement is mandatory for all public bodies. The
objective of the section 32 report is to establish the usage of the PAIA by the public and
to test the readiness of public bodies to respond to requests for information. This is
determined by the number of requests for information granted by the public body and
the number of cases that go on appeal to the relevant authorities and the number of
court applications that arise from requests for information that were refused.
177.
Since the passage of the PAIA, compliance by public bodies with regard to the submission
of section 32 reports has been low. In cases where the reports are submitted, many of
the reports received do not accurately capture the requirements of section 32. In the
reports however received, there is an increasing trend by public bodies not to comply
with the provisions of the PAIA in dealing with information requests.108
107
p. 5
2012-2013 Annual Report on the Promotion of Access to Information Act (PAIA) by the South African Human
Rights Commission, p. 33
108
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