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 2010

Access to information held by the municipality

The Municipality of Buffalo City is committed to continually improving community access to information held by the city. The Promotion of Access to Information Act has strengthened the right of members of the public to information held by the municipality.

What is the Promotion of Access to Information Act all about?

The Promotion of Access to Information Act, 2000 (Act No 2 of 2000) gives effect to the constitutional right of a person to any information held by the state or any other person, and such information is required for the exercise or protection of any rights. There are, however, certain limits placed by the Act on access to such information. The records held by a municipality, being one of the public bodies identified by this Act, are subject to the provisions of the Act. Under the Act, the municipality has a responsibility to:

  • Foster a culture of transparency and accountability "… by giving effect to the right to access to information".
  • Actively promote a society in which the people of South Africa have effective access to information to enable them to more fully exercise and protect all of their rights.

What does this mean for the municipality?

Legally, an information officer has to be appointed. In terms of the Act, the Municipal manager , Mr Gaster Sharpley, is the information officer of the municipality. He is required to produce a manual in three official languages on the functions of the municipality as well as an index of all the records held by the municipality as well as various other details. As this task will take some time to complete, the municipality has put into place certain interim arrangements for the public. (See interim measures below.)

What is voluntary disclosure?

The Act provides that the Information Officer should - at least once a year - identify categories of records that are automatically available (ie available without the applicant having to fill in required forms). This is called voluntary disclosure.

As an interim measure until the municipality has finalised its manual, the information officer has approved that all council agendas and minutes not marked as confidential are automatically available. This includes items such as budgets approved by the council and budget speeches of the Executive Mayor, if these were considered or submitted during open meetings of the council. The applicant for such information will, however, still be required to approach the Municipal manager 's Records Office and pay the required fees for the reproduction of such records.

How do I contact the information officer?
Write to:
The Municipal manager
PO Box 134
East London
5200

Do I always need to make a formal request to access information?
Normally you will not need to make a formal application as most information is available on request. The Customer Care Centre will help members of the community obtain the information they require. In a small number of cases, you may be asked to make a formal application. Remember to always ask if a record can be made available before making a formal request under the Act.

How do I make a formal request for information?

Procedures and forms of request for access to a record as well as fees for reproduction have been published as part of the Regulations regarding the Promotion of Access to Information (Government Notice No R. 187 dated 15 February 2002 as per Government Gazette No. 23119 dated 15 February 2002).

Where do I get the forms to make a formal request for information?

The Municipal manager 's Records Office
5th floor, Trust Centre
cnr Oxford and North streets
East London

Or you can request the forms by writing to:
The Municipal manager
PO Box 134
East London
5200

Where can I get more information on the Act?

The Promotion of Access to Information Act is available on the web site www.gov.za. The South African Human Rights Commission has produced a guide on how to use the Act. You can obtain a copy of this by telephoning (011) 484-8300 or fax (011) 484-1360 or email PAIA@sahrc.org.za. Further information can be obtained from the web site www.sahrc.org.za.

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