The Promotion of Access to Information Act 2 of 2000 (PAIA) is legislation of the Republic of South Africa giving effect to the right in that country's Constitution 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. It applies specifically to South Africa, but is part of the global drive towards freedom of information. The Act is enforced by the South African Human Rights Commission (SAHRC).
Freedom of Information is fast becoming a standard worldwide, with over 50 countries having already written it into law in one form or another, and over 140 more countries committed to implementing it into their legislation within the next few years.[1]
In terms of PAIA, information officers (IOs) have a critical role of ensuring the implementation of the Act, by:
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Every private body must publish a simple manual in line with section 51 of the Act. For most faith-based organisations, the deadline for publishing a manual is now 31 December 2011. Unlisted companies in some sectors that have 50 or more employees or turnover greater than certain amounts must submit a manual by 31 December 2005. See Government Gazette No. 27988 (31 August 2005) for more details.
Much of the South African public and private sectors have yet to comply with this legislation.
| “ | One of the critical challenges of the implementation of the Act has been the non-compliance of public bodies with the requirements of this Act. [2] | ” |
In terms of public bodies, various concerns have been cited as reasons for non-compliance, such as:
Thus, in light of these challenges, which are major factors hampering proper implementation of a successful access to information regime in South Africa, that a cross-sectoral information officers forum was established on 20 September 2006.
The objectives of the forum are as follows:
In response to the issue of non-compliance, measures have been taken in the private sector to assist private bodies. Representatives of private bodies have access to a web-based solution that compiles a fully compliant manual on their behalf in order to avoid confusion regarding the format and content. One such resource is PaiaBuilder. Google searches may reveal comparative services.