JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Affirmation to realisation of the nght of access to information: Some issues on the implementation of PAIA

Volume: Volume 9(2) - 2005

Article type: Refereed article

Author/s: Richter, Marlise

The article points to the importance of access to information to a properly functioning democratic society. That principle is reflected in section 32 of the Constitution and in the Promotion of Access to Information Act (PAIA).

The author notes, however, that there have been problems with PAIAÆs implementation. These include its dependence on a cooperative attitude on the part of the holders of information and lack of effective penalties to compel the prompt production of information, Using the Treatment Action CampaignÆs action on bealf of people living with HIV/AIDS as a case study, the author also highlights the deleterious effect that non-implementation of PAIA has on the realisation of socio-economic rights. The article concludes with a number of recommendations for the more effective implementation of PAIA.

About the author/s

Marlise Richter

Researcher at the AIDS Law Project, Centre for Applied Legal Studies, University of the Witwatersrand

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