The starting point in paia applications is section 11 of paia which reads



Yüklə 14,55 Kb.
tarix09.08.2022
ölçüsü14,55 Kb.
#117509
Access to Information


The starting point in PAIA applications is section 11 of PAIA which reads:

“11. Right of access to records of public bodies




  1. A requester must be given access to a record of a public body if –



    1. That requester complies with all the procedural requirements in this Act relating to A request for access to that record; and



    1. Access to that record is not refused in terms of any ground for refusal Contemplated in chapter 4 of this Part.



  1. A request contemplated in subsection (1) includes a request for access to a record Containing personal information about the requester.



  1. A requester’s right of access contemplated in subsection (1) is, subject to this Act, not Affected by –



    1. Any reasons the requester gives for requesting access; or



    1. The information officer’s belief as to what the requester’s reasons are for Requesting access.”

In President of the Republic of South Africa v M & G Media Ltd6, the Constitutional Court explained the provisions of section 11 in the Following terms:

“[9] As is evident from its long title, PAIA was enacted “[t]o give effect to the Constitutional right of access to any information held by the state.” And the Formulation of section 11 casts the exercise of this right in peremptory terms –

The requester “must” be given access to the report so long as the request Complies with the procedures outlined in the Act7 and the record requested is not Protected from disclosure by one of the exemptions set forth therein. Under our Law, therefore, the disclosure of information is the rule and exemption from




  • Disclosure is the exception.”

Yüklə 14,55 Kb.

Dostları ilə paylaş:




Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©muhaz.org 2024
rəhbərliyinə müraciət

gir | qeydiyyatdan keç
    Ana səhifə


yükləyin