Constitution means the constitution of the republic of south africa, 1996 act 108 of 1996. They have a right to know how government functions and how decisions taken by them may affect their lives. Promotion of access to information act, 2000 wikipedia. The south african human rights commission promotion of access to information act unit.
The airports company south africa limited acsa was declared a statutory body under gn 468 in. Section five offers a series of recommendations linked to specific strategies and priorities that might be adopted by civil society organisations for the purposes of lobbying and advocacy work around realising the right of access to information in south africa and more specifically, to. It contains information which would be reasonably required of any person wishing to exercise any right set out in the act. All citizens of south africa have a right to access information which affects their lives. Commissioner responsible for the promotion of access to information act. The promotion of access to information act 2 of 2000 paia provides the framework and procedures for the exercise of the constitutional right to information. The south african constitution stipulates that the public and media has the right of access to information. In terms of section 51 of the promotion of access to information act 2000, the head of a private body must compile a section 51 manual, and submit their manual to the south african human rights commission sahrc. South africas antimoney laundering and a terror financing. The carter center, through its work in jamaica, learned a number of lessons relating to passage and implementation of an access to information act. Section 10 of paia provides that the south african human rights commission must compile simple and easily comprehensible guidelines on how to use the promotion of access to information act. Sika south africa supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the act, the confidentiality we owe third parties and the principles of south african law. Be it therefore enacted by the parliament of the republic of south africa, as follows. South africas constitution gives every person the right of access to information, held by a public or private body, that is required for the exercise or protection of any right.
Guide on how to use the promotion of access to information. The promotion of access to information act 2 of 2000 paia is legislation in the republic of south africa allowing 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. The state of access to information in south africa commonwealth. Freedom of information, and specifically access to information held by public authorities,1 is a fundamental element of the right to freedom of expression and vital to the proper functioning of a democracy. Section 321 of the constitution of the republic of south africa act 108 of 1996 the constitution, provides that everyone has the right of access to records orand information held by the state and any information held by another person and that is required for the exercise or protection of any rights. In this act, unless the context otherwise indicatesaccess fee means a fee prescribed for the purposes of section 22 6 or 54 6, as the case may be. To support this right of access to information, the promotion of access to information act paia pdf 899 kb was passed by the south african parliament in 2000. Here is what you need to know about your right to know an extract from a practical guide to media law by dario milo and pamela stein.
The promotion of access to information act 2 of 2000, paia gives effect to section 32 of the constitution, which provides that everyone has the right to access information held by the state, as well as information held by another person or private body when such privatelyheld information is required for the exercise and protection of rights. Access to information laws the cases of bulgaria, india, mexico, south africa, and the united kingdom andrew puddephatt access to information working paper series public disclosure authorized 47992 public disclosure authorized public. Request for access to record of public body section 181 of the promotion of access to information act, 2000 act no. The objects of this act are to reinforce and give further obictsor effect to certain fundamental principles underlying the system of. Act, does not provide it with sufficient protection. To amend the promotion of access to information act, 2000, so as to provide for information on the private funding of political parties and independent candidates to be recorded, preserved and made available. This act gives effect to the constitutional right of access to any.
Parliament of south africa promulgated the promotion of access to information act paia in february 2000, which subsequently entered into force in march 2001. Access to information in south africa the judicial role in. This act is called the control of access to public premises and vehicles act, 1985. Contents of act section part 1 introductory provisions chapter 1 definitions and interpretation protection of personal information act 4 of 20 proclaimed see pendlex s.
The kenyan access to information act of 2016 pdf was enacted on september 21st, 2016 this is the act as downloaded from on sep 30, 2016. It gives the constitutional right 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 the act is enforced by the south african human rights commission. The requester should also indicate which form of access is required and specify a postal address or fax number in south africa. Paia, the south african human rights commission the sahrc is. Regulations under this act act to give effect to the constitutional 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. Information sheet by the ccma on promotion of access to information act this act gives effect to the constitutional right of access to information contained in the bill of rights. In this act, unless the context otherwise indicates access fee means a fee prescribed for the purposes of section 22 6 or 54 6, as the case may be. Access to information act arrangement of sections part i preliminary section 1.
Access has changed as a result of opportunities for access motivated by human rights and freedom of information considerations are. Such information will always be much sought after by certain interest groups or even individuals, with sufficient access to espionage expertise, and highly sophisticated technological backing. The requester must use the attached prescribed form being form c regulation 10 of the act to make the request for access to a record. Category lra forms sub category ccma document type forms filename promotion of access to information act ccma. Protection of personal information act 4 of 20 south. And in order to foster a culture of transparency and accountability in public and private bodies by giving effect to the right of access to information. Promotion of access to information act paia department. Its preamble acknowledges the secretive and unresponsive culture of the predemocratic era, and asserts that one object of paia is to foster a. Access to information act roggkenya reporting on good.
Access to information act manual agreements online. Manual on the promotion of access to information act 2 of 2000. These factors include implementation of the legal deposit act, other legislation affecting access to legal deposit, collection and preservation of materials and methods of accessing the materials. Part ii the south african human rights commission the south african human rights commission hereinafter referred to as the sahrc has compiled a guide. Access to information act officers or employees of the atomic energy control board designation order sor86360 access to information regulations sor83507 designating the minister of justice and the president of the treasury board as ministers for purposes of certain sections of the act si83108. The promotion of access to information act 2 of 2000 paia is the national legislation contemplated in section 322 of the constitution. This transparent flow of information between government and its citizens is necessary for democracy. The right of access to information is a unique right within the south african bill of rights, and has a distinct history within the work and mandate of the south african human rights commission which was the institution originally set up under the promotion of access to information act paia to monitor the realisation of this right. Section 32 provides that everyone has the right of access to any information held by the. Exploring the role of civil society in the formulation and. The extent of espionage against the new south africa should never be. In 1996, the constitution of the republic of south africa 1996 came into force.
Consulting engineers south africa may, in terms of sections 6270 of the act, legitimately refuse to grant access to the aforesaid records in respect of information falling within certain categories as contemplated in the act, inter alia in the following circumstances. The requester must provide sufficient detail on the request form to enable the information officer to identify the record and the requester. Where can i find the promotion of access to information act. The promotion of access to information act of 2000 gives effect to this right. Particulars of person requesting access to the record a the particulars of the person who requests access to the record must be given below. Auditorgeneral of south africa promotion of access to. Promotion to access information act sika south africa.
One of the most farreaching pieces of legislation recently passed is the promotion of access to information act 2 of 2000 paia. The promotion of access to information act paia and the national archives of south africa act. As political and social changes have swept across southern africa in the last two decades and fledgling democracies have. The promotion of access to information act, 2000 or paia. This guide is a shortened extract from a practical guide to media law by dario milo and pamela.
The protection of personal information act 4 of 20 aims. Promotion of access to information act 2 of 2000 south african. Promotion of access to information act the promotion of access to information act 5 paia was enacted in response to the constitutional mandate, and came into force in large part in march 2001. Regulations relating to the promotion of access to information act, 2000 act 2 of 2000 pdf. The aim of this act is to foster a culture of transparency and accountability in public and private bodies by giving effect to the right of access to information, and actively. This act may be cited as the access to information act. Promotion of access to information act department of justice. Part ii portrays the placement of access to national security information within south africas legislative framework, taking into account the key laws underpinning both secrecy and disclosure. Pdf the promotion of access to information act paia. The south african human rights commission sahrc plays a key role in the implementation of paia. The protection of personal information act called the popi act or popia brings an end to the uncertainty regarding the law on the use and processing of personal information. But it is important to rember that it is not yet in effect we are waiting for the.
Popia is essentially the south african data protection bill or data protection act. Pdf south africa is one of the few countries in the world that has elevated the right of access to information to constitutional status. A comparative analysis of the previous and present statutes governing access to archives and public records, with special focus on the implications of. Access to information government communication and. In terms of sections 83 and 84 of the promotion of access to information act 2 of 2000. Constitution means the constitution of the republic of south africa, 1996 act 1088 of 1996. The guide is available in all of the official languages. Pdf south africas promotion of access to information act. The premises and vehicles under the control of the airports company south africa limited acsa.
Guide on how to use the promotion of access to information act 2 of. Manual in terms of the promotion of access to information. It applies specifically to south africa, but is part of the global drive towards freedom of information. This request must be made to the address, fax number or electronic mail address of maersk south africa pty ltd.
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