Section 32(1)(a) of the Constitution of the Republic of South Africa, 1996 provides that everyone has a right of access to any information held by the state and any information held by another person that is required for the exercise or protection of any rights. The Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (hereinafter referred to as “PAIA”) is the national legislation which was enacted to give effect to the constitutional right of access to information.

PAIA gives all South Africans the right to have access to records held by the state, government institutions and private bodies. The following are the objectives which PAIA seeks to achieve:

• To ensure that the State takes part in promoting a human rights culture and social justice;
  
  
• To encourage openness and to establish voluntary and mandatory mechanisms or procedures which give effect to the right of access to information in a speedy, inexpensive and effortless manner as reasonably possible; and
  
  
• To promote transparency, accountability and effective governance of all public and private bodies, by empowering and educating everyone to understand their rights in terms of PAIA so that they are able to exercise their rights in relation to public and private bodies, to understand the functions and operation of public bodies, and to effectively scrutinise, and participate in decision making by public bodies that affects their rights.

PAIA, however, recognises that such a right of access to information is subject to justifiable limitations and seeks to balance the requester’s constitutional right to information against the information officer’s right to refuse access to information on any of the grounds mentioned in Part 2, Chapter 4 of PAIA.

In terms of section 14 of PAIA, all public bodies must have information manuals to assist any person wanting to access records of public bodies. In this regard, the Department of Energy is pleased to publish this Manual in the hope that the information contained herein will be of assistance and ensure that all requests for access to information are dealt with efficiently and effectively, and thereby promote the objectives and spirit of PAIA.