Die openbare administrasie en die reg op toegang tot inligting

Abstract

During the previous constitutional dispensation in South Africa the management of official information tended to be excessively secretive. This position was changed by section 32 of the Constitution of the Republic of South Africa, 1996 which grants every individual the right of access to information held by the state. The Promotion of Access to Information Act 2 of 2000 was enacted to give content to section 32. In this dissertation a study of the requirements for an effective and transparent public administration and an analysis of the Promotion of Access to Information Act are undertaken. The relationship between section 32 of the 1996 Constitution and the Promotion of Access to Information Act, as well as the connection between this act and the Promotion of Administrative Justice Act 3 of 2000 are investigated. The conclusion reached is that the Promotion of Access to Information Act does not suspend the direct application of section 32, but that the act is intended to give content to the constitutional right. It is also submitted that although the Promotion of Access to Information Act and the Promotion of Administrative Justice Act should not be integrated into one act, there should be interaction between these two acts concerning the application of their respective provisions. Where applicable, the legal position in the Netherlands is compared with that in South Africa. The study identifies specific uncertainties and makes recommendations as to how this may be rectified. Although the interpretation and practical implementation of some of the provisions in the Promotion of Access to Information Act are still unclear, the constitutional protection and the attending statutory regulation of the individual's right of access to information held by the state are important steps towards achieving an open and accountable public administration in South Africa.