By Lehlohonolo Lehana.
The Information Regulator has found that none of the political parties represented in parliament are complaint with the Promotion of Access to Information Act.
Introduced in 2000, the act – known as Paia – governs the public’s right to access information held by public or private bodies. It is intended to promote freedom of access to information in South Africa.
“None of the political parties represented in Parliament are compliant with PAIA,” said the chairperson of the regulator, Pansy Tlakula, at a media briefing on Tuesday (26 March).
This follows the regulator’s 108 PAIA assessments on public and private bodies, including political parties, universities, national and provincial government departments and JSE-listed companies.
The political parties are: Action SA, African Christian Democratic Party, African Independent Congress, ANC, African Transformation Movement, Al Jama-ah, COPE, DA, Freedom Front Plus, Good Party, IFP, National Freedom Party, Pan African Congress of Azania and UDM.
Tlakula explained that part of the non-compliance can be attributed to the fact that it hasn’t been “too long” since PAIA was amended to include political parties.
Some of the political parties were not even aware that PAIA applies to them, she commented. “All of them were quite pleased that we conducted the assessment because it opened their eyes to how PAIA applies to everyone, including themselves. We were deliberate in conducting the assessments because we felt that one of the founding values of our Constitution is transparency and openness.”
“If anything, political parties − especially those represented in Parliament − should lead the way in shining the light on the value of openness and transparency. We are hoping the reports submitted to them pointing out the gaps in their compliance will make sure they comply fully.”
In May last year, the Information Regulator announced it will embark on an assessment of political parties’ compliance with PAIA, saying this is to strengthen transparency within political parties, particularly in light of the upcoming 2024 national and provincial elections.
The information watchdog says it assessed 13 political parties represented in Parliament and one party not represented in Parliament, but with a presence in municipal councils nationally.
“We found that about 54% of political parties represented in Parliament are generally non-compliant with PAIA. About 46% of political parties represented in Parliament have some level of compliance but need to improve in certain areas. Therefore, none of the political parties represented in Parliament are compliant with PAIA.”
PAIA executive Ntsumbedzeni Nemasisi explained that consequences for non-compliance with PAIA include the issuing of an enforcement notice. “Non-compliance with the notice will lead to a fine or imprisonment for a period of three years.”
However, the fine and the term of imprisonment are not imposed by the regulator but by the courts, he stated.
“In the case of the assessment report, the regulator is developing a process on how it can enforce non-compliance with the assessment reports that we issue. We are in the process of developing that but also coming up with the proposed amendment to PAIA to ensure it is explicitly clear on how we deal with failure to comply with the assessment reports that we have issued.”