Transcript www.nda.agric.za
PAIA MAZE (Interactive information)
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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1.1 Department of Agriculture, Forestry and Fisheries
OR
1.2 Department of Agricultural, Fisheries and Forestry
That is not correct, try gain!
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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Drive Attitude Fairness Focus OR
Sorry, refer to the DAFF website homepage http://www.daff.gov.za/ for assistance
then
and then try gain!
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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3. The Accounting Officer of the DAFF is ...
OR
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
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OR
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
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5. Back to the department, the entire mandate of the DAFF is derived from …
5.1 Agricultural Products Standard Act, Act No 119 of 1990
OR
5.2 Section 27(1) (b) of the Constitution of the RSA, Act No 108 of 1996
Correct! Now watch-out for detours as you continue!
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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6. The supreme law of South Africa is ....
OR
6.2 The Constitution of the Republic of the Republic of South Africa, Act No 108 of 1996
That is not correct! Step to 7 and try harder!
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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7. The Bill of Rights is ...
7.1 A list of all human rights protected by law in South Africa
OR
7.2 A framework of corporate conduct espousing the Batho Pele Principles
No! That is not correct. It takes you to 8,
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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Oh no! You do not have enough information !!
That is correct! Advance to 9.
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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9. The Bill of Rights is entrenched ...
OR
9.2 In the Constitution of the RSA, Act No 108 of 1996
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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10. The Bill of Rights is in the Constitution of the Republic of South Africa, … This means that ...
10.1 It must be followed by government alone
OR
10.2 It must be followed by EVERYONE
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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11. Basic values and principles for public administration (Section 195 of the Constitution of the RSA, Act 108 of 1996) among others calls for ...
• • 11.1 High standards of professional ethics Public participation in policy development
OR
• • 11.2 Shelved development Human resource career development only
Good understanding! Advance to 12!
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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12.1 Promotion of Access to Information Act, (It is Act No 2 of 2000)
OR
12.2 Promotion of Acts and Inform Act (It is Act of the Law)
Wrong turn! It takes you to 13!
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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13. It’s a jungle out there. You need knowledge to make the right turns. Return to 6!
14. Where does PAIA come from?
14.1 It is the Legislation required by Section 32 (2) of the Constitution of the RSA
OR
Here is some more information about PAIA....
• • PAIA is a legislation required by Section 32 (2) or the Bill of Rights in the Constitution.
Section 32 provides that – “national legislation must be enacted to give effect to this right”
Remember: The Bill of Rights is Section 32 of the Constitution of the Republic of South Africa, Act 108 of 1996.
• PAIA came into operation on 09 March 2001.
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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16. The Right to Access implies...
a right of access to any record held in possession of a public body
OR
the right of access to records held in the possession of private entities
Both answers are correct! Reflect at 15 for more information.
15. As a matter of fact!
PAIA seeks to -
Now skip a few steps and land on 27!
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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27. Requests for access to information are subject to limitations.
27.1 True, certain documents may remain restricted
OR
27.2 False, all documents shall be accessible at all times
Some exclusions in the application of PAIA are as per examples below Now, go to 17!
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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28.1 To promote a culture of transparency and accountability
OR
28.2 To protect and give effect to the right of access to information
Both answers are correct! You have a good grasp of PAIA!
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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29. The objects of PAIA are ...
OR
10.1 It must be followed by the government alone
OR
10.2 It must be followed by EVERYONE
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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30. PAIA applies to records ...
30.1 Held by public bodies as defined by the Act
OR
30.1 Held by private bodies as defined by the Act
Again, both answers are correct. Here is more information ...
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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31. PAIA does not apply to a record of the Cabinet and its committees.
OR
Correct. Remember that there are certain exclusions to PAIA. Now you are almost home. Skip to 33.
You have to go to 32. Be careful of the puddles!!!
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
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31
34
True
False
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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34. PAIA exclusions also include ...
34.1 Records held by the Judicial Officer (of court or special tribunal)
OR
34.2 Records held by Libraries of courts
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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35. Key role-players in the PAIA are ...
34.1 The Requester – is a person requesting information
OR
34.2 The Personal Requester – is a person requesting information about him/ herself
OR
34.3 The Public body which requests information from an organ of state
Correct! Now visit 36 just for more information ....
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the
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CIO, DAFF
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You can choose to take a detour at 17 for more learning,
Or
Move to 37 and complete the maze!
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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37. The procedure for PAIA requests commences as according to the following description:
Section 18 of the PAIA states that, a request must be made on any form as long as it is addressed to the Information Officer of a government department, it is acceptable.
OR
Remember the need to complete the prescribed Form A. Try gain!
EXCELLENT! A prescribed Form A must be completed to commence a PAIA request.
Again you have an option to go to 17 for more learning or proceed home to 38.
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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38.
On records that cannot be found, Section 23 of the PAIA mentions that (a) if all reasonable steps have been taken to find a record requested: and
(b)
there are reasonable grounds for believing that the record — (i) is in the public body’s possession but cannot be found: or (ii) does not exist; the information officer of a public body must by way of affidavit or affirmation notify the requester that it is still possible to give access to that record, however, an extension of the timeline should be agreed upon.
OR
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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17. A requester who cannot read or write should not be assisted in completing a PAIA request by DAFF officials
OR
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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OR
That is not correct. The statement that … A
record
is any recorded information regardless of form of medium; in possession by a public body; and whether or not it was created by that body … is correct. Now try again at 19.
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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19. PAIA is one of the most democratic Acts in the world!
OR
17.2 False
OR
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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20. PAIA access fees include ....
20.1 Fees for time spent on a search for and preparation of a record
OR
20.2 R15 per hour, excluding the first hour; and includes cost for making copies
Correct, just for more learning proceed to 21.
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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or
The statement that … Fees payable for photocopies
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23
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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22. Procedural requirements to request information in terms of PAIA prescribes for…
• 22.1 • The completion of a request Form A Payment of request fee of R35.00 where applicable,
OR
• • 22.2 The completion of appeal Form D Do not make payment of R35.00 where applicable
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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23. To access information through PAIA, a request on Form A can be delivered by fax only to the DAFF relevant office
That is true. Now because you took a detour at 32 you have to retrace your steps back to 28!
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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Correct. Now go to 20 and do not look back!
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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… Enjoy a visit to the DAFF website and browse the DAFF PAIA manual and other relevant documents
www.daff.gov.za
Also e-mail the following officials for more information Agriculture and Forestry: [email protected]
Fisheries Management: [email protected]
or
No! You hit a brick wall. Try gain
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
20 25 36 17 18 24 21 35 37 38 32 31 33 34
23.1 A list of all human rights protected by the Constitution of the RSA
OR
23.2 A framework of corporate conduct espousing the Batho Pele Principles
38 (continued..)
On records that cannot be found, Section 23 of the PAIA mentions that (a) if all reasonable steps have been taken to find a record requested: and
(b)
there are reasonable grounds for believing that the record — (i) is in the public body’s possession but cannot be found: or (ii) does not exist; the information officer of a public body must by way of affidavit or affirmation notify the requester that it is still possible to give access to that record, however, an extension of the timeline should be agreed upon.
38 (continued..) Records that cannot be found or do not exist
(a) if all reasonable steps have been taken to find a record requested: and
38 (continued..) The affidavit or affirmation referred to in subsection ( 1 ) must give a full account of all steps taken to find the record in question or to determine whether the record exists, as the case may be, including all communications with every person who conducted the search on behalf of the information officer.
OR
True, PAIA does not also apply to a record held by the courts as indicated in Section 166 of the Constitution of the RSA.
33.1 An individual member of Parliament in that capacity
OR
33.2 An individual member of a provincial legislature in that capacity
OR
37.3 According to the PAIA, a request must be made on the prescribed form and addressed to the Information Officer and followed by a call to the Office of the Minister
35.2 According to Section 19 of the PAIA, a request must be made on the prescribed form and addressed to the Information Officer at his/her address, fax or e-mail
OR
No. But click here for some enlightening information ...
32. According to Section 19 of the PAIA, a request must be made on the prescribed Form A and addressed or delivered to the Office of the Information Officer or designated office.
or
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
20 25 36 17 18 24 21 35 37 38 32 31 33 34
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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25 According to Section 19 of the PAIA, where requests are refused, a refusal correspondence with optional explanations for refusal may be sent to the requester.
or
Correct. See 26 for more information.
That is not correct. Learn more at 26...
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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32. There are exclusions to PAIA requests,
OR
No! You did n ot get it r ight. Try 32 again.
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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Interactive learning:
Promotion of Access to Information Act, Act 2 of 2000
PAIA © 2013. All rights reserved by the CIO, DAFF
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Well done! You have successfully navigated through the PAIA maze!
For more information, visit www.DAFF.gov.za
or PAIA pages
http://www.nda.agric.za/index2010PAIA.htm
or send e-mail enquiries to