GDE Manual on the Promotion of Access to Information Act

posted by / Monday, 09 February 2015 / Published in Latest posts, POLICY PAPERS

By: DBE

 

1.1 Right access to Information

1.1.1 The purpose of the manual is to outline the procedures to be followed in accessing information

held by the Gauteng Department of Education in compliance with the requirements of the

Promotion of Access to Information Act.

1.1.2 The Promotion of Access to Information Act (Act No. 2 of 2000), which flows from Section 32

of the Constitution of the Republic of South Africa (RSA), Act No. 108 of 1996, gives effect to

the constitutional right of access to any information held by the State or any information held

by any other person, provided that such information is required for the exercise or protection

of any rights, and matters connected therewith.

1.1.3 Section 32(1) (a) of the Constitution entrenches the right that everyone has access to any

information held by the state.

1.1.4 This manual has been developed to meet the requirements as set out in Section 14 of the

Promotion of Access to Information Act No. 2 of 2000 and it promotes the constitutional right

of access to any information held by the state.

1.1.5 The manual provides a brief description of the structure and function of the Department

outlines the legislation from which mandates are received, and provides the contact details of

the SAHRC, the Information Officer, Deputy Information Officer and District Directors.

1.1.6 The manual further describes the nature of the records kept by the Department and

distinguishes between those records that are automatically available to the Public and those

that need to be accessed through processes set out in PAIA. The manual clearly guides the

public as to how the latter type of request should be lodged with the Department.

 

1.2 The Purpose of the PAIA

1.2.1 To give effect to the constitutional right of access to any information as stated above;

1.2.2 To set out justifiable limitations on the right of access to information aimed at protecting

people’s privacy, confidential commercial information and ensuring effective, efficient and

good governance;

1.2.3 To balance the right of access to information with all the other rights in the constitution;

1.2.4 To promote a culture of human rights and social justice;

1.2.5 To establish mechanisms and procedures to enable persons to obtain access to records as

swiftly, inexpensively and effortlessly as is reasonably possible;

1.2.6 To promote transparency, accountability and effective governance;

1.2.7 To empower and educate everyone to:

 

Link: Full Document

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