Democracy, which is commonly understood to mean 'government of the people, by the people and for the people', cannot be adequately manifested if the people on whose behalf governments are instituted cannot participate meaningfully in matters of governance. This necessary participation cannot materialise without the people having adequate access to information pertaining to matters of governance.

It is in this regard that the right of every person to access to information held by the state and to information held by another person that is required for the exercise or protection of any rights is enshrined in section 32(1) of the Bill of Rights of the Constitution of the Republic of South Africa Act 108 of 1996. Section 32(2) of the Constitution in turn provides for the enactment of national legislation that will give effect to this right and that will also stipulate reasonable measures that will 'alleviate the administrative and financial burden on the state' in respecting, protecting, promoting and fulfilling this right.

In terms of Item 23 of Schedule 6 of the Constitution national legislation on the right to access to information should 'be enacted within three years of the date on which the new Constitution took effect', that being not later than 5 February 2000. T

he Promotion of Access to Information Act No 2 of 2000 (PAIA) was assented to by the President on 3 February 2000 and came into operation in part on 9 March 2001, is the national legislation whose enactment is provided for by section 32(2) of the Constitution.

In terms of the Preamble, PAIA,was enacted 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
• Actively promote a society in which the people of South Africa have effective access to information to enable them to fully exercise and protect all of their rights.

Section 83 of PAIA provides that the South African Human Rights Commission (hereinafter, the Commission) may consult with and receive reports from public and private bodies on the problems encountered in complying with the Act. It also requires the Commission to obtain advice and consider proposals regarding other functions of the Commission.

The Commission will be holding an Indaba on the implementation of PAIA on 22 and 23 May 2003 at the Parktonian Hotel in Braamfontein, Johannesburg.

The Indaba hopes to achieve the following objectives:

• The formulating of a document for the overall review of PAIA
• Proposed amendments to PAIA and PAIA regulations, including those proposed by the Department of Justice and Constitutional Development
• The exemption of some small private bodies from submitting the manuals in terms of section 51 of the Act
• The exemption of indigent persons from paying fees when requesting access to information in terms of sections 22 and 54(8) of PAIA
• Receive reports, advice, recommendations and proposals on problems encountered in complying with the Act; and on the Commissions functions in terms of the Act
• To deal with general issues pertaining to the implementation of PAIA including the submission by public bodies of section 32 reports to Commission
• General discussion on recommendations on the implementation of PAIA · Any other relevant matter

The Indaba is expected to bring together under one roof a broad spectrum of participants from NGOs, Government, business, the legal profession, activists, researchers, academics and experts in the field of freedom of information.

The Indaba will also help to inform the South African Human Rights Commission's annual report to the National Assembly on the implementation of PAIA as required by section 84 of PAIA.

The Commission is inviting interested parties to make written submission on any of the items mentioned above. Attendance at the Indaba is strictly by invitation. Written submissions should be sent to the attention of Adv. Mothusi Lepheana at the following address:
Private bag 2700 Houghton
Johannesburg 2041 or
emailed to mlepheana@sahrc.org.za

Mothusi Lepheana
Manager PAIA Unit
South African Human Rights Commission

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