| 2. |
However, in terms of PAIA a public school satisfies the definition of a "public body" and will therefore be responsible for complying with the requirements of PAIA in providing information. It has become necessary to inform all public schools and officials of the revised procedure for public schools for providing access to information in terms of PAIA, which is applicable with immediate effect. |
| 3. |
The PAIA defines a "public body" as:
- any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or
- any other functionary or institution when-
- exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or
- exercising a public power or performing a public function in terms of any legislation;
|
| 4. |
The PAIA requires a "public body" to have an Information Officer, whose duty is to ensure that the body complies with PAIA. According to the legislation, the Information Officer of a public body is the head of that public body. Therefore the principal is the Information Officer of a public school and he or she may delegate their duties to a Deputy Information Officer to ensure that requests for information made to their school will be dealt with in an effective and efficient manner. |
| 5. |
The Deputy Information Officer of a public school is an employee of that school upon whom the Information Officer has delegated his powers and duties in terms of PAIA. This means that the Deputy Information Officer will receive a request for information, facilitate the request and provide the necessary assistance to the requester as needed on behalf of the Information Officer. The Information Officer still maintains direction and control over the Deputy Information Officer. This delegation of powers must be done in writing for it to be valid. |
| 6. |
One of the functions of an Information Officer or Deputy Information Officer is to ensure that their contact information is available to the public at all times. To be in line with established best practice the following sources can be used to display this information and their duties are as stipulated in Annexure A:
- The website of the school.
- The telephone directory.
- The section 14 manual of the particular school.
|
| 7. |
PAIA prescribes that every public body must have an information manual. Section 14 of PAIA prescribes what a public body manual must contain. This manual serves to assist when making a request for information. The contact details of the Information Officer and Deputy Information Officer of the school must be included in this manual. |
| 8. |
This manual will show how the school is structured and the services it provides, a list of all the records held by the school and the process that should be followed to lodge a request with the particular school. This means that a person must be able to find out exactly to whom they must send a request (FORM A) when they want to make a request to the school. The manual must also include the phone number, email address and postal address of the Information Officer and any Deputy Information Officers to allow requesters to easily send the request form to the Information Officer or Deputy Information Officer of the school. |
| 9. |
The section 14 manual must also include a list of the categories of information held by the school and should enable the reader to determine exactly what information is available from the school. These manuals must also include the contact information of the South African Human Rights Commission's (SAHRC's) PAIA unit. |
| 10. |
The section 14 manual must be completed and sent by post to:
South African Human Rights Commission
33 Hoofd Street
Braampark Forum 3
Braamfontein
2017
Alternatively attach it and send it via email to paia@sahrc.org.za |
| 11. |
The manuals received will be recorded on the SAHRC's compliance database. Acknowledgement of receipt will be sent to the respective schools. The actual manual will not be posted on the website but the school's name will be cited on the website and also in the SAHRC's annual report. Please note that the Information Officer of the school or a Delegated Information Officer who fails to comply with the provisions of section 14 would be liable for non-compliance and the sanctions would be:
- a fine; or
- imprisonment for a period not exceeding two years.
|
| 12. |
To assist schools with the drafting of the section 14 manual the attached draft manual may be used. |
| 14. |
Kindly bring the contents of this minute to the attention of all staff under your supervision. |
SIGNED: BK SCHREUDER
ACTING HEAD: EDUCATION
DATE: 2016:10:04
|
 |