The right of access to information – constitutionally enshrined in section 32 of the Constitution of the Republic of South Africa, 1996 (“Constitution”) – is both a fundamental right in itself and a crucial enabler of the full range of other rights. Importantly, it gives meaning to the constitutional values of accountability, responsiveness and openness, and enables the public to seek transparency from both the public and private sectors.

In order to give effect to this right, the Promotion of Access to Information Act 2 of 2000 (“PAIA” or “Principal Act”) was enacted. While it was heralded at the time as being a progressive piece of legislation, PAIA has also at times frustrated the exercise of the right of access to information. Furthermore, in the more than 20 years since its enactment, it is apparent that PAIA is no longer fit for purpose to respond to the exigencies of the digital era.

Against this backdrop, Media Monitoring Africa, the South African National Editors’ Forum and other like-minded organisations, supported by legal experts and access to information activists, have prepared a draft Promotion of Access to Information Amendment Bill (“Amendment Bill”) in an effort to ensure that PAIA meaningfully realises the right of access to information in a timely and effective manner. The Amendment Bill draws on the recommendations of the South African Human Rights Commission (“SAHRC”) and civil society organisations, jurisprudence from our courts, and the seminal work of the African Commission on Human and Peoples’ Rights (“ACHPR”) through the revised Declaration of Principles on Freedom of Expression and Access to Information in Africa, the Guidelines on Access to Information and Elections in Africa  and the Model Law on Access to Information for Africa.