Promotion of Access to Information Act

PAIA.JPG

Section 32 of the Constitution states:

“Everyone has a right of access to any information held by the state and any information held by another person that is required for the exercise or protection of any rights.”

The Promotion of Access to Information Act, No. 2 of 2000 (PAIA) was enacted to give effect to the constitutional right of access to information.

PAIA aims to:

  • promote transparency, accountability and effective governance of all public and private bodies
  • assist members of the public to effectively scrutinize and participate in decision making that affects them
  • ensure that the state promotes a human rights culture and social justice
  • encourage openness
  • establish voluntary and mandatory mechanisms or procedures which give effect to the right of access to information

How to lodge a request for access to information through PAIA

  1. Define your request to identify the data or information you need.
  2. Complete the Request Form (Form 2) which contains personal information of the Requester and particulars of the information requested.
  3. Upon receipt of the request for information, the Department will acknowledge receipt and have a further 30 calendar days in order to provide a formal response to the request.
  4. Kindly note that a Request Fee of R100 must be paid before the request will be considered. You will be notified in writing whether your request has been approved or denied and the total costs relating to the request.
  5. Further Access Fees may also be payable, dependent on the format of the requested information to be provided. The Department will advise of any additional access fees payable.
  6. Should you qualify for exemption of the payment of any fees, reasons for the exemption must be provided.

The Department may extend the period of 30 days by another period of 30 calendar days, under certain prescribed circumstances, for example where the request is for a large number of records or where the requested information is held at a location other than the Department’s Head Office.

What happens if my request is denied?

Should the request for information be denied, the Requester has the right to appeal this decision. In order to lodge an appeal, the requester must complete the Internal Appeal Form (ie. Form 4).

Forms

Resources

              (kindly note isiXhosa and Afrikaans versions of this guide is available on request)

For any queries or to submit a Request for Information to the Western Cape Mobility Department, please email PAIA.POPIA@westerncape.gov.za