City welcomes Access to Information enquiries
4 September 2019
The City invites residents to join its access to information team at the Cape Town Civic Centre on 11 and 12 September 2019 where officials from the City’s Legal Services Department will be available to share information about the PAIA. This initiative forms part of the City’s campaign to make residents aware of the PAIA and that they can apply to the City for access to information.
PAIA gives effect to Section 32 of the Constitution which confirms the public’s right of access to information held by the State, with the exception of records held by the Cabinet, Courts and by members of Parliament and Provincial Legislatures. Therefore, the information in the City’s possession is subject to PAIA.
The act provides voluntary and mandatory mechanisms or procedures to enable people to obtain information swiftly, inexpensively and effortlessly.
‘The City is a proud and responsible custodian of all our information records. We understand the importance of ensuring effective facilitation and processing of requests for access to information and are committed to transparency, accountability and effective governance. That said, the right to access information must be balanced against other rights, such as the right to privacy, among others. Officials dealing with these requests have a huge responsibility to ensure that the City is adhering to the PAIA, but also that it does so in a responsible manner. It is important that residents are aware of their right to access information and the process that they must follow to exercise this right,’ said the City’s Mayoral Committee Member for Corporate Services, Councillor Sharon Cottle.
The City’s Access to Information Unit has a dedicated walk-in public office, namely the Access to City Records Office in the Cape Town Civic Centre where the unit assists the public with the PAIA process. This includes guidance on completing and submitting PAIA forms, liaising with the relevant City line departments for the provision of records, as well as decisions on outcomes of PAIA applications.
An online service to submit requests, and more information is also available on the City’s website at /city-connect/access-information/request-access-to-information
Examples of the information that can be requested include documents, tapes, video recordings, computer files, notes or emails.
PAIA applies to records of public and private bodies, regardless of when they came into existence. A record means any recorded information which is in possession or under the control of the public body, whether or not created by that public body. PAIA also applies to records held by independent contractors contracted by the State.
In terms of PAIA, an applicant must be given access to records of a public body provided that the applicant complies with all of the procedural requirements, and provided that access is not refused in terms of any of the grounds of refusal contained in Chapter 4 of the Act.
The underlying consideration of the PAIA is for the public interest to clearly outweigh the harm contemplated on the ground of refusal, and if so, then access to the information must be granted.
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