Nobody who participated in the Negotiating Forum in the World Trade centre at Kempton Park in 1993, when the constitutional principle regarding freedom of information was negotiated, expected that it would take so long to establish an information regime. This principle provided that there should be freedom of information for open and accountable administration in all levels of government.

The idea of open and responsive governance was embedded in the interim constitution, and the final constitution but South Africans had to wait till February 15 this year before legislation regulating the right of access to information was promulgated in its entirety. The expectation was that the Promotion of Access ti Information Act (PAIA) will promote constitutional values of openness, transparency and good governance, and assist the citizens to meaningfully participate in political dialogue thereby enhancing democracy.

The right of access to information is a profound one. It reaches beyond the connotation attached to it during the days of conflict and struggle in this country. Not only will it finally break the shackles of secrecy associated with the apartheid state, it also impacts on the information the private sector holds.

Information held by the private sector-such as employers, credit bureaux, insurance companies, banks and financial institutions-can have considerable influence on a citizen. The state may also seek information from the private sector if the information is needed for the protection of the rights of the public.

The information regime has, for instance, recently assisted communities in Canada to obtain valuable information about their safety and traditional fishing rights from public and private bodies which had built dams for hydroelectric development, in the rivers running through their traditional areas.

Jakkie Wessels of the Justice College recently argued that a student who had unsuccessfully approached the High Court to be furnished with a copy of his exam paper would have been successful had he used the PAIA.

If the student still needed it he would most likely still get it, he said. Richard Calland of the Open Democracy Advice Centre (ODAC) explained how amazingly open the access to information regime was in Sweden.

Within a wink, he and a colleague had copies of an exchange of letters between the heads of state of our two countries. To realise the full potential of the legislation that gives effect to this right, the SAHRC has embarked on a briefing session campaign to assist public bodies to implement the provisions of PAIA.

This is a mammoth task because it includes all state departments at the national and provincial levels of government, as well as every municipality performing duties in terms of the constitution.

The purpose of the briefing sessions is to raise awareness of the act, to communicate its obligations, and to assist these bodies in dealing with the requirements of the new law.

By August 15, public bodies must have compiled a manual to assist the public to understand the core business and structure of the organisation, the services offered to members of the public, how to get access to those services, its main office and branches of operation, as well as particulars of the information officer and deputy information officer - including their e-mail addresses.

The manual must also contain sufficient detail to facilitate a request for access to the records of the body , a description of the subjects on which the body holds records, and the categories of records held on each subject. These obligations also apply to private bodies.

By August next year the South African Human Rights Commission must have compiled a guide, in all the official languages, to assist anybody who wishes to use PAIA.

The guide must explain the objectives of PAIA, details of the information and deputy information officer of every public body, explain how to request information, explain assistance available from the SAHRC, describe all remedies in law available regarding a failure to act in terms of PAIA, including the manner of lodging an internal appeal and an application with a court of law against a decision by the information officer of a public body or the decision of the head of a private body.

The challenge is to move our society, public as well as private, from a deeply inculcated culture of secrecy and bureaucracy to a culture of transparency and accountability. The prejudice against responsive and open governance is certainly not confined to servants of the previous order.

The current, sometimes hostile, and often ignorant responses in respect of PAIA, are proof of this observation. Public as well as private bodies often adopt the negative approach, relying on the fine print of the legislation to protect the information they hold.

This approach will undoubtedly lead to legal battles which will certainly be more costly than a policy of openness. It is further important that citizens be informed about PAIA and how the right of access to information can work to their benefit. Participation in democratic processes can only be effective if it is informed participation. Many of the tragedies in our past could have been prevented had the present access to information regime been in operation.

It is, however, important to understand that PAIA, adds a new dimension to public debate on everyday issues that citizens have to face.

• Wessels, member of the SA Human Rights Commission with a particular focus of access to information, is on a roadshow throughout South Africa promoting the new law.

With acknowledgements to Dr Leon Wessels and Cape Times.