Access to Information
Promotion of Access to Information Act 2. of 2000 (PAIA)
Section 32 of the Constitution of the Republic of South Africa states that everyone has the right of access to 'any 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 2000 the Promotion of Access to Information Act 2. of 2000 was enacted to give effect to these rights. The two main objectives of PAIA are:
1. To give South Africans and non-South Africans a legal right to access information held by public and privtate bodies, enabling them to more fully exercise and protect their rights.
2. To foster a culture of openness and accountability in South Africa.
Copy of the Act
Read the Promotion of Access to Information Act 2. of 2000 (PAIA) in full.
> Download a copy of the Act here
Amendments to the Act (PAIA)
Amendments to the Promotion of Access to Information Act 2. of 2000 (PAIA) including exemptions, fees and changes to timeframes are granted by the Minister for Justice and Constitutional Development. They are detailed by the Department of Justice and Constitutional Development in Government Notices which is published in the Government Gazette.
Visit Government Notices
Other organisations in South Africa who also work with PAIA
Legal Resources Centre (LRC)
The Legal Resources Centre is an NGO offering legal advice and assistance to vulnerable and/or marginalized members of society. The LRC engages in public interest litigation, including PAIA where its clients, most of whom are NGO's, encounter problems when using the Act to collect evidence for legal matters. LRC were the instructing attorneys in the recent Biowatch PAIA case.
Visit LRC
Nelson Mandela Foundation (NMF)
NMF was established in 1999 to meet the immediate need of its Founder for a personal office on his retirement as President of South Africa. This role remains integral to the NMF, but following Mr Mandela's retirement announcement in 2004 the Foundation is in the process of converting its core function to that of a 'Centre of Memory & Dialogue' capturing in perpetuity the life and times of the Founder.
Visit NMF
Open Democracy Advice Centre (ODAC)
A Cape Town based not for profit organisation which promotes openness and transparency in South Africa's developing democracy. Its primary aim is to foster a culture of accountability in the public and private sector as well as assisting people in South Africa to be able to realise their human rights. It offers support and advice on two key pieces of legislation: PAIA and the Protected Disclosures Act of 2000 (PDA).
Visit ODAC
Public Service Accountability Monitor (PSAM)
PSAM is a monitoring and research institute based at Rhodes University in Grahamstown which aims to improve public service delivery and the progressive realization of constitutional rights to healthcare, education, social security and housing. PSAM's activities are focussed primarily in areas around the Eastern Cape however its interest as an organisation extends beyond national borders. PSAM also provides training on holding public bodies accountable to other SADC countries.
Visit PSAM
South African Human Rights Commission (SAHRC)
The SAHRC has oversight and monitoring responsibilities to ensure that public and private bodies fulfill their responsibilites in terms of section 32 of the Constition and sections 14 and 51 of PAIA. Its specific responsibilities are outlined in sections 83-85 of PAIA.
Visit SAHRC
Useful websites relating to the international FOI movement
Freedominfo.org
A virtual resource on freedom of information providing the latest news on people's right to information, examples of best practice, ideas for successful campaign strategies, details of new and amended acts and an international network for freedom of information advocates.
Visit Freedominfo.org
Freedom of Information Advocates Network (FOIAnet)
An international information-sharing network of organizations and individuals including CSO representatives, lawyers, academics and information commissioners working to promote the right of access to information. The website features a discussion list for news and debate.
Visit FOIAnet
The National Security Archive
The Archive collects and publishes declassified documents obtained through the USA's Freedom of Information Act. The Archive also serves as a repository of government records on a wide range of topics pertaining to the national security, foreign, intelligence, and economic policies of the United States.
Visit National Security Archive
