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
Article 9: Freedom of information and expression
172.
The objective of the Constitutional right of access to information is to create a
transparent society and a government accountable to the people. The right of access to
information is a key that can be used to unlock access to other socio-economic rights and
help ensure accountability of government to the people. This right can be as much about
public service delivery as any other socio-economic right. The extension of the right of
access to information includes the right to demand information from the private
sector.104
Compliance with PAIA
173.
The Promotion of Access to Information Act, 2000105 was enacted to give effect to the
above constitutional requirement. Among the objects of the Act are the promotion of
transparency and accountability in public and private institutions; the protection of
certain security-related information held by public bodies, and the protection of
privileged confidential professional information. There are various regulations issued in
terms of PAIA.106 In terms of Section 92 of PAIA, the Minister may by notice in the
Government Gazette, make regulations among others regarding any matter required or
permitted by PAIA to be prescribed, any matter relating to fees payable and any notice
required by the Act. A manual for all staff members working on requests for access to
information has also been developed to ensure that requests are processed in line with
the ideals of the Act as well as the Constitution. The PAIA also sets up a detailed
104
S 32 “(1) Everyone has the right of access to
(a) any information held by the state; and
(b) any information that is held by another person and that is required for the exercise or protection
of any rights.
(2)National legislation must be enacted to five effect to this right and may provide for reasonable
measures to alleviate the administrative and financial burden on the state.”
105
Act No. 2 of 2000
106
Government Notice: No. R. 1244 (22 September 2003) Amendment to the Regulations published by
Government Notice No. R187 with regard to availability of manuals by public bodies and availability of manuals
by private bodies. In terms of the amended regulations, the information officer of a public body must
immediately after the manual has been compiled, make available a copy of the manual in each of the three
official languages to the South African Human Rights Commission, every office of that public body, and make the
manual available on the website, if any, of the public body. The information officer may publish the manual in
three official languages in the Gazette.
Immediately after a manual has been compiled by a private body, the head of a private body must make a copy
of the manual available to the South African Human Rights Commission, to the controlling body of which that
private body is a member, if applicable; must make the manual available on the website, if any, of the private
body and the head of a private body may publish the manual in the Government Gazette.
Government Notice: No. R. 187, 15 February 2002. Subject: Regulations 187 of 15 February 2002 promulgated
in terms of section 92 of PAIA makes provision for procedures pertaining to the availability of the section 10
Guide, availability of the manuals of public and private bodies, request fees and reproduction fees in respect of
public and private bodies, and request forms.
Government Notice: No. R. 223, 9 March 2001. Subject: The Notice contains Regulations promulgated in terms
of section 92 of PAIA relating to fees payable for the records of public bodies and private bodies
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