I am an avid supporter of accessibility of rights. In my practice as a lawyer, I have found that rights are only as effective as their accessibility. Rights as words on paper are meaningless until they are given life, meaning and purpose to those for whom they were written. For this reason, I have immense respect for NPOs that work tirelessly to bring life, meaning and purpose to rights all across South Africa.

I have also found that in any matter where there are disputes or where an NPO intends holding an organisation accountable for it obligations, it is essential to properly prepare for the road ahead. Preparation includes NPOs knowing the law, the facts of the matter at hand and having sufficient evidence to reach the desired goal (these goals may include compliance by government or private corporation with the law, litigating for breach of or non-compliance with the law, researching issues, training and upliftment of communities or staff or improving NPO outputs).

A tool that is not fruitfully used, but which is an effective and simple way to achieve requisite preparation for legitimate NPO goals, is the Promotion of Access to Information Act 2 of 2000 (PAIA). While it requires compliance by NPOs, PAIA can also be used to gain information regarding an issue in dispute. It is advisable to request access to information prior to the onset of litigation.    

PAIA is a law that gives everyone the right to access information held by both public and private bodies. For non-profit organisations (NPOs), PAIA is particularly important because it enables transparency and accountability in governance, which helps NPOs build trust with communities, donors, and other stakeholders.

Here is a simple breakdown of PAIA’s main aspects relevant to NPOs:

1.  Purpose of PAIA: PAIA allows people and organisations to request access to records that may affect their rights or interests. This is vital for maintaining an open and democratic society, where people can hold organisations, including NPOs, accountable.
   
   
2. Who Can Request Information? Any individual, group, or organisation can request records, even if it is not directly about them. However, requests should be specific and for a legitimate reason, as outlined by the Act. The records, if released, must enable the requester to exercise another right. Note that the requester may be represented by another entity, such as an NPO, and must give the NPO the authority to represent it in the request for access.
   
   
3. Types of Information Covered: The holder of the records may be requested to disclose information such as financial records, meeting minutes, operational policies, and other documentation. However, PAIA also protects certain kinds of information, especially if disclosure could harm someone’s privacy, security, or if the information is confidential. The application of public interest in the release of the records is a factor that could apply to requests for access.
   
   
4. How should the holder of the records respond? A request for access to information may be sent to any person or body which is in possession of the records. The holder need not own the records. PAIA requires all bodies (including NPOs) to have an access-to-information manual explaining how they manage information requests. The organisation must respond within 30 days to any formal PAIA request, either by providing the information or giving a valid reason for refusal. An extension of a further 30 days may be used to locate the records or get more clarity of the exact records requested, if necessary.
   
   
5. Setting Up a PAIA Manual: All bodies are encouraged to have a PAIA manual available, which explains what types of records the organisation holds and how to request them. This helps make the process easier for both the organisation concerned and the requester.
   
   
6. Benefits of Compliance: By complying with PAIA, organisations like NPOs can strengthen their reputation for transparency, attract more support from donors, and build stronger community relationships. Compliance by NPOs also creates knowledge awareness of what all organisations should be doing themselves. In other words, NPOs can enforce rights more successfully in their line of work. 

In summary, PAIA is a tool for openness and transparency, ensuring that everyone can access necessary information to exercise rights and helping NPOs demonstrate their commitment to accountability. It may also be used by NPOs to strategically assess issues; further their stakeholders’ interests and achieve their mission.

Photo by Towfiqu barbhuiya, Upsplash Photo Community.