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Published byCornelius Young Modified over 8 years ago
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IMPLEMENTATION OF PAIA AND PAJA IN THE DEPARTMENT OF WATER AFFAIRS 16 APRIL 2013
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PAIA and PAJA DWA is successfully implementing both Acts PAIA manual was drafted in consultation with Department of Justice and is ready for publication in April 2013 DG is Information Officer of DWA CD Legal Services is Deputy Information Officer of DWA Assistant Information Officers are in each of 9 Regions CD Legal Services is conducting training to all officials
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TYPES OF INFORMATION/REASONS REQUESTED Water Use Licenses Policies Budgets Copies of pending applications for water use licenses etc
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OBLIGATIONS OF THE INFORMATION OFFICER Compilation of Section 14 Manual and submission Submission of reports to SAHRC (S32 reports) OFFENCES A person who with the intent to deny a right of access in terms of the Act- Destroys, damages, or alters a record Conceals a record; or Falsifies a record or makes a false record, commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years.
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CHALLENGES: PAIA Delay in forwarding initial PAIA request to the relevant official e.g. Information Officer or Deputy Information Officer More often than not, information is delayed because DWA officials are busy with operations The time frames imposed by PAIA is already proving burdensome as it takes a considerable time to locate and compile record Decision to grant /refuse access to information subject to legal challenges
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COMMON INTERVENTIONS AND SOLUTIONS Implementation of PAIA manual Implementation of PAJA Standard Operating Procedure (SOP) Legal Training being conducted at Head Office and Regions with assistance from DOJ Awareness building campaigns by Legal Services Access for Information /Judicial review cases are being minimized as part of overall litigation management strategy.
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CHALLENGES:PAJA Delay in forwarding initial PAJA request for reasons Delay because DWA officials are busy with operations The time frames imposed by PAJA is already proving burdensome as it takes a considerable time to receive instructions and therefore compile reasons as required by section 5 of PAJA Judicial review cases are minimized
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