paia and paja

PAIA and PAJA • DWA is successfully implementing both Acts• PAIA manual was drafted in consultation with Department

of Justice and is ready for publication in April 2013• DG is Information Officer of DWA• CD Legal Services is Deputy Information Officer of DWA• Assistant Information Officers are in each of 9 Regions • CD Legal Services is conducting training to all officials

TYPES OF INFORMATION/REASONS REQUESTED

Water Use Licenses Policies Budgets Copies of pending applications for water use licenses etc

OBLIGATIONS OF THE INFORMATION OFFICER

Compilation of Section 14 Manual and submission Submission of reports to SAHRC (S32 reports) OFFENCES A person who with the intent to deny a right of access in

terms of the Act- Destroys, damages, or alters a record Conceals a record; or Falsifies a record or makes a false record, commits an offence

and is liable on conviction to a fine or to imprisonment for a period not exceeding two years.

CHALLENGES: PAIA Delay in forwarding initial PAIA request to the relevant

official e.g. Information Officer or Deputy Information Officer

More often than not, information is delayed because DWA officials are busy with operations

The time frames imposed by PAIA is already proving burdensome as it takes a considerable time to locate and compile record

Decision to grant /refuse access to information subject to legal challenges

COMMON INTERVENTIONS AND SOLUTIONS

Implementation of PAIA manual Implementation of PAJA Standard Operating

Procedure (SOP) Legal Training being conducted at Head Office and

Regions with assistance from DOJ Awareness building campaigns by Legal Services Access for Information /Judicial review cases are

being minimized as part of overall litigation management strategy.

CHALLENGES:PAJA Delay in forwarding initial PAJA request for reasons Delay because DWA officials are busy with

operations The time frames imposed by PAJA is already

proving burdensome as it takes a considerable time to receive instructions and therefore compile reasons as required by section 5 of PAJA

Judicial review cases are minimized