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PAIA MAZE (Interactive information)

Navigate through the maze to enrich your knowledge of the PAIA Rules: •Do not navigate with keyboard arrows •Avoid getting lost in the maze: – DO NOT Page down (PgDn) or page up (PgUp), – Again, please DO NOT use keyboard arrows No! No!

No! No!

•Use ONLY the mouse to click on the steps and answers •Follow the route and instructions •Follow the clues carefully; do not skip steps as you will be lost in the maze •Do not be discouraged by incorrect answers; you will learn more with each new turn

Click here to proceed

FIRE!!!

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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. DAFF stands for ...

1.1 Department of Agriculture, Forestry and Fisheries

OR

1.2 Department of Agricultural, Fisheries and Forestry

Correct. There are many acronyms used for ease of reference. DAFF is one such example. Now proceed to step 2.

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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2. DAFF values are ...

Drive Attitude Fairness Focus OR

Drive Altitude Fixed Fair

Correct, proceed to 3.

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 ...

3.1 Auditor General (AG)

OR

3.2 Director General (DG)

No, try gain!

Correct, proceed to 4.

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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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4. The DG is also charged with public information access to ensure the deepening our democracy, and carries a title of ...

4.1 Information Officer

OR

4.2 Chief of Correspondence

Correct, proceed to 5.

No, 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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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

No! Try gain,

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 ....

6.1 The Bill of Rights

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!

Remember, knowledge is key!

Excellent! Now move to 9,

7

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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 !!

Go back to start!

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 ...

9.1 In the Bill of Acts

OR

9.2 In the Constitution of the RSA, Act No 108 of 1996

No! Go to 7.

Correct! Proceed to 10.

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16

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

You are hot! Proceed to 11.

No. Go to 7 and try harder.

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15 19 10 16

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!

No! Go back 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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12. What does PAIA stand for?

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)

You are right! Skip to 14!

Wrong turn! It takes you to 13!

FIRE!!!

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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  36 26 17 18 24 21 35 38 33 34 37

FIRE!!!

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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  23 17 18 24 22 21 36 35 37 38 32 31 33 34

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

14.2 Provision from the Bill of Rights that states that Legislation must be enacted to give effect to this right

Both answers are correct!

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 is therefore the primary legislation that gives effect to the right entrenched in Section 32 of the Constitution of the RSA, Act 108 of 1996.

• PAIA came into operation on 09 March 2001.

Now, hop into 16!

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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...

16.1 That any requester has

in principle

a right of access to any record held in possession of a public body

OR

16.2 Any requester has

in principle

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

Correct, proceed to 28

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 The purpose of PAIA is ...

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!

Proceed to 29!

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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 ...

29.1 To give effect to the Constitutional right of access to information balancing it with any other rights

OR

29.2 To give effect to the Institutional right of access to information balancing it with any other rights

10.1 It must be followed by the government alone

OR

10.2 It must be followed by EVERYONE

Correct, go to 30 !

No! Please 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

20  36 26 17 18 24 21 35 38 33 34 37

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 ...

PAIA applies to the records of both private and public bodies as defined in the Promotion Access of Information Act, Act No.2 of 2000. Both Private and Public bodies have manuals on PAIA to help citizens with access to information.

Proceed to 31.

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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

33 34

31. PAIA does not apply to a record of the Cabinet and its committees.

31.1 False

OR

31.2 True

Correct. Remember that there are certain exclusions to PAIA. Now you are almost home. Skip to 33.

Wrong!

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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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

20  23 17 18 24 22 21 36 35 37 38

32

31

33

34

33. The exclusion to PAIA requests also include Records held by Special Tribunals established in terms of Section 2 of the Special Tribunal Investigating Units and Special Tribunals Act, Act No 74 of 1996.

True

or

False

Good work.

Proceed to 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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34

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

Excellent! You are off to 35!

No! Detour to 25!

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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 

36 

17 18 24 21

35

38 33 34 37 37

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

20

CIO, DAFF

36

 17 18 24 21 35 38 33 34

36. Just for information Note that a Requester can also be a person requesting information on behalf of another person. That excludes public body to public body request.

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

20  36  17 18 24 21 35 38 33 34

37

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.

False

OR

True

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.

Proceed to 38!

Choose the detour 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

20  36  17 18 24 21 35

38

33 34 37

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.

False

OR

True

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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  23 18 17 24 22 21 36 35 37 38 32 31 33 34

17. A requester who cannot read or write should not be assisted in completing a PAIA request by DAFF officials

True

OR

False

OH!!! NO!!!

The correct answer is that the Office of the Chief Information Officer will respond to a PAIA request in writing on behalf of the Information Officer. Now go back to 31.

FACT: A requester who cannot read or write should be assisted by DAFF officials. Continue learning and go to 18!

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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  23

17

18

24 22 21 36 35 37 38 32 31 33 34

18. 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.

18.1 True

OR

18.2 False

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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12  14 11 15

19

10 16

Interactive learning:

Promotion of Access to Information Act, Act 2 of 2000

PAIA © 2013. All rights reserved by the CIO, DAFF

20  36 26 17 18 24 21 35 38 33 34 37

19. PAIA is one of the most democratic Acts in the world!

19.1 True

OR

17.2 False

Good, proceed to 27!

19. According to Section 22 of the PAIA, the Information Officer must notify any requester of the fees payable on request for information. Where applicable, the fees must be paid before further processing of any request in accordance with prescribed regulations.

38.1 True

OR

38.2 False

No! Move to 20!

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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

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

20  25 36 26 17 18 24

21

35 38 33 34 37

21. The following people are excluded from paying fees for photocopies on PAIA requests; individuals earning R14 712.00 pa, and couples earning R27 192.00 pa, as well as personal requesters.

21.1 True

or

21.2 False

The statement that … Fees payable for photocopies

exclude

; individuals earning R14 712.00 and couples earning R27 192.00 per annum, as well as personal requesters …is correct. Proceed with caution to 22.

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22

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

20  25 36 26 17 18 24 21 35 38 33 34 37

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

Remember, the Appeals Form D is for appeals. In other words, the request application is the first step before appeals. Now go to 23!

7 28 FIRE!!!

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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. To access information through PAIA, a request on Form A can be delivered by fax only to the DAFF relevant office

True

False

That is true. Now because you took a detour at 32 you have to retrace your steps back to 28!

7 28 FIRE!!!

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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

Correct. Now go to 20 and do not look back!

As a matter of Fact! One of the means of lodging a PAIA request is by fax. There are other means. But Sometimes, learning is pure enjoyment and fun! Move to 24 ….

7 28 FIRE!!!

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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

… 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]

… Now advance to 28

26.1 True

or

26.2 False

26. As long as the Requester has satisfied all requirements of the application for request, the request will be processed.

For as long as all requirements are satisfied and there is no ground for refusal, access to records shall be granted. Now try 25 again...

No! You hit a brick wall. Try gain

7 28 FIRE!!!

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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. The Bill of Rights is ...

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

23. (1)

(a) if all reasonable steps have been taken to find a record requested: and

(b) If

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 not possible to give access to that record.

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.

Try 17

OR

Finish line

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

37.2 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

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.

True

or

False

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26

22 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

20  25 36 17 18 24 21 35 37 38 32 31 33 34

FIRE!!!

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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 24 21 35 37 38 32 31 33 34

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.

True

or

False

Correct. See 26 for more information.

That is not correct. Learn more at 26...

26. More information!

Section 19 (2) of the PAIA Act states that if a requester has made a request for access that does not comply with section 18(l), the information officer concerned may not refuse the request because of that non compliance unless the information officer has— (a) notified that requester of an intention to refuse the request and stated in the notice— (i) the reasons for the contemplated refusal Now try again from 31.

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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

32. There are exclusions to PAIA requests,

True

OR

False

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

20 

25

36 

17 24 21 35

38

37 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

20  23 18 17 24 22 21 36 35 37 38 32 31 33 34

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

[email protected]

[email protected]