Issued by: Department: Justice and Constitutional Development
14 February 2002
Sections 10, 14, 16 and 51 of the Promotion of Access to Information Act (Act 2 of 2000), are now operational with effect from February 15, 2002.
Under Section 93 of this Act, the President of the Republic of South Africa, has on February 12, 2002, determined the 15th of February 2002, as the date of coming into operation of these sections.
The Act became operational in March 2001 with the exception of these sections. The Act gives effect to the Constitutional right of access to any information envisaged in section 32 of the Constitution of the Republic of South Africa.
In terms of section 32 of the Bill of Rights in the Constitution, right to freedonm of access to information. The rights read as follows:
(1) Everyone has the right of access to
(a) any information held by the State
(b) any information held by another person and that is required for the exercise or protection of any rights
The Act regulates the right to access to any information held by the State and private bodies, thus (the Act) is required for the exercise or protection of any rights.
"The main aim of the 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".
"The Act establishes voluntary and mandatory procedures to give effect to the constitutional right in a manner, which enables persons to obtain records of public bodies as swiftly, inexpensively and effortlessly as reasonably possible".
The following important procedures are provided for in the Act:
1. A simple procedure to request information.
2. The duty of the information officer to assist a person with the request.
3. The time frames within which the request should be processed and a decision be made.
4. A remedy of internal appeal against a decision of an information officer.
5. A further remedy is an application to court regarding certain decisions of public or private bodies.
6. The power of a court to grant any order that is just and equitable.
The Act is obtainable from the Department of Justice and Constitutional Development: Public Education and Communication Services Business Unit on the following numbers: 012 315 1731 or at http://www.gov.za/gazette/acts/2000/a2-00.pdf
Enquiries:
Terrence Manase
Tel. 012 315 1677
Cell. 082 764 0460 or 082 328 3931
tmanase@justice.gov.za