Home Contact Us Maps Links The Constitution Marikana


Promotion of Access to Information

 

Objectives and key functions-overview of past and current projects


For the last 12 years, the South African Human Rights Commission has been at the forefront of promoting, monitoring and protecting the right of access to information of everyone. These have been done through the Commission’s powers derived from the Promotion of Access to Information Act (PAIA). The Commission’s mandate has been implemented with very limited financial and human resources but despite that, the Commission in fulfillment of its promotion mandate, conducts workshops for public officials on request from public institutions. In the last financial year, April 2011 to March 2012, the Commission conducted 33 workshops and trained 1065 Deputy Information Officers (DIOs) of public institutions.

Through PAIA workshops and training, we achieve the objectives of educating public officials on the objectives of PAIA, compliance obligations and their duty to implement PAIA in their respective institutions. Since the inception of PAIA, the Commission has noticed trends of consistent non compliance with PAIA and the absence of implementation. Furthermore, results of compliance monitoring interventions show that PAIA is not given priority in public bodies. Noting that public bodies are holders of information and have a direct impact on the ability of a right holder to exercise the right to information, the Commission trains holders of information so as to ensure that they are able to respond to requests for information and assist right holders to exercise their rights accordingly. Through these sessions, DIOs are empowered with skills to enable them to understand the application of PAIA, interpret PAIA and follow the appropriate procedures when responding to a request for information lodged in terms of PAIA.

The training further intends on addressing a psychological mindset of protecting government information from public access. Taking note of the impact and effect of this mindset on both the holder of the information and the right holder, these issues are addressed at the workshops which are conducted at the offices of the public body that has requested training. The session runs for a full day and is structured in a manner that imparts both theoretical information and practical implementation; the first session is dedicated to application, interpretation and implementation of PAIA. Reference to case law and the relevant practical examples are used to assist in putting theory in context. The second session is more practical, which includes a discussion session, screening of a DVD linking access to information with the realization of socio economic rights and role playing. These practical exercises enable DIOs to see the practical implementation of PAIA and to see access to information from the perspective of a requester for information.

On the other side of training are the community interventions that the PAIA unit conducts. The unit has developed a community tool for PAIA training which is used in empowering communities on exercising their right of access to information.

Aside from training, the PAIA Unit has over the last five years conducted compliance audits for public institutions on the state of implementation in the respective public departments. The results from the audit inform the Unit’s work on how to engage with the management of these public institutions to drive implementation in their respective departments.

For the last decade, the PAIA Unit has been hosting the National Information Officers Forum (NIOF). The aim of this Forum is to provide capacity building tools to DIOs support implementation of the law, create networking opportunities, provide insight on practical challenges and to show case best practices. Linked to the NIOF is the golden key research that the Commission conducts on an annual basis. The aim of this research is to assess the statutory compliance on PAIA by public institutions, the state of their records management, internal mechanisms that have been established to ensure the effective implementation of the law and the amount of resources that have been dedicated to the implementation of the law in the various public departments.

The success of the NIOF has led to the replication of this model in the provinces. As at the last financial year (2011-2012), the Unit had established information officers forum in six provinces.

Law reform and legislative monitoring is a core function of the Unit and comprehensive submissions that have been made to both Parliament and the Department of Justice include recommendations for the amendment of PAIA, inputs on the Protection of State Information Bill and the Protection of Personal Information Bill.

The Unit also performs a mediation and conciliatory role between public institutions and complainants who have been refused access to information.


Profile of acting head of PAIA

Kisha Candasamy is the acting head of the Promotion of Access to Information Unit at the South African Human Rights Commission. Kisha was previously employed as a senior legal officer in the Gauteng provincial office of the Commission. Prior to her employment with the Commission, Kisha practiced as an attorney in various law firms and subsequently headed up the general law department at ProBono.Org. She is a practicing attorney registered with the Law Society of the Northern Provinces. She holds an LLB from the Nelson Mandela Metropolitan University and completed her LLM in International Human Rights at the University of Witwatersrand. She is currently enrolled at the Gordon Institute of Business Science.


Structure

Acting Head of PAIA Unit-Kisha Candasamy
Public Sector Compliance Officer-Nokwanda Molefe
PAIA Admin Secretary- Lindiwe Dlamini


Unit contact details

Lindiwe Dlamini
Administrative Assistant
Contact Details: 0118773803
E-mail: lidlamini@sahrc.org.za

For detailed information about PAIA click here

- See more at: http://www.justice.gov.za/legislation/constitution/index.html#sthash.vQme5ODl.dpuf

The South African Constitution

The Commission is available on social media

SAHRC TWITTER.jpg One.jpg @SAHRCommission

Facebook-Icon.jpg SA Human Rights Commission

YOU1.png SAHRC 1


To lodge a human rights violation complaint, click here.

or Call 011 877 3600
e-mail: complaints@sahrc.org.za

Provincial contact details are available here

 



PAIA section 14 Manual.jpg


MEDIA STATEMENTS

SAHRC launches investigation into allegations of racism at University of the Free State
SAHRC finalizing report on complaints against King Goodwill Zwelithini
SAHRC response to ANC petition on racism
International Disability Day – SAHRC calls for employers to do more
SAHRC welcomes Supreme Court judgment on the delivery of textbooks in Limpopo


SAHRC NEWSLETTER

Pfanelo January Edition


Upcoming Events

  • 20 year Anniversary Celebration

 

Report any fraudulent and/or unethical behavior taking place in the Commission anonymously to the SAHRC Tip-offs Line.

FreeCall: 0800 222 365
Email: sahrc@tip-offs.com
FreeFax: 0800 00 77 88
FreePost: KZN 138, Umhlanga Rocks 4320
Website: www.tip-offs.com

Independently managed by the Office of the Public Service Commission.



 

SAHRC Programmes

Since its establishment, the SAHRC has dedicated itself to:
•  Raising awareness;
•  Monitoring and assessment;
•  Education and training
•  Addressing human rights violations

How can the SAHRC help?

The SAHRC promotes, protects and monitors human rights in South Africa. It also has a specific responsibility to promote and monitor the implemen-
tation of PAIA.

Calendar

08 March – International Women’s Day
21 March - Human Rights Day
27 April – Freedom day
1 May - Workers day
03 May – World Press Freedom Day

[See more]