The Promotion of Access to Information Act (PAIA) and the National Archives of South Africa Act: A Comparative Analysis of the Previous and Present Statutes Governing Access to Archives and Public Records, with Special Focus on the Implications of PAIA for Public Archives Services

Abstract

Access by the public to archives and public records in South Africa has been significantly affected by the introduction of the National Archives of South Africa Act (No. 43 of 1996), which replaced the Archives Act (No. 6 of 1962), and the Promotion of Access to Information Act (No. 2 of 2000). This article attempts a comparative analysis of the previous and present statutes governing access to archives and public records with a special focus on the implications of the Promotion of Access to Information Act for public archives services. While the latter Act also provides for access to private records, this article focuses largely on public records. An organising theme relates to the notion that archives and public records issue from and express power relations within society. Consequently the acts of creating records, keeping them and having access to them are significant indicators of the balance of power in society. The article seeks to explore and question the extent to which the new legislation has shifted the location of power. The article commences with a general set of motivations for freedom of information legislation, and then offers some theoretical underpinnings relating to the organising theme. The previous position regarding access to public archives and official records, both in terms of statute and in practice, is discussed. The main body of the article discusses the provisions of the Promotion of Access to Information Act (in conjunction with the National Archives Act) regarding access to archives and public records with special focus on the implications thereof for public archives services. This is followed by some administrative implications and a conclusion. ESARBICA Journal Vol.21 2002: 2-16