ATC190828: Interim Report of the Portfolio Committee on Justice and Correctional Services on the Draft Promotion of Access to Information Amendment Bill, dated 28 August 2019

Justice and Correctional Services

Interim Report of the Portfolio Committee on Justice and Correctional Services on the Draft Promotion of Access to Information Amendment Bill, dated 28 August 2019
 

 

1. On 19 July 2019, the Portfolio Committee on Justice and Correctional Services resolved to initiate a Committee Bill to amend the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“PAIA”).

 

1. My Vote Counts NPC applied to the Western Cape High Court, challenging the constitutionality of PAIA. It argued that, although PAIA is indeed the national legislation envisaged by section 32 of the Constitution to give effect to a citizen’s right of access to information, it failed with regard to access to information on the private funding of political parties and independent candidates. The High Court concluded that PAIA neither applies to political parties nor independent candidates nor to all records on private funding. This is a deficiency that renders PAIA inconsistent with the provisions of sections 32, 7(2) and 19 of the Constitution, read together.

 

1. The Constitutional Court confirmed the order of constitutional invalidity of the Western Cape High Court. It ordered Parliament to amend PAIA and to take any other measure it deems appropriate to provide for the recordal, preservation and facilitation of reasonable access to information on the private funding of political parties and independent candidates within a period of 18 months.

 

1. On 25 July 2019, the National Assembly gave permission for the Committee to initiate legislation to amend PAIA to address the order of constitutional invalidity. In compliance with Rule 274(3) of the Rules of the National Assembly, the Committee published the Bill in the Government Gazette for public comment. The closing date for public comment is 31 August 2019.