FINAL LETTER CONCERNING PAIA APPLICATION
The Acting Municipal Manager
Sakhisizwe Local Municipality
04 August 2020
Dear Mr Basil Mase
Re: Outstanding Documents in Our PAIA application
We refer to our letter dated 15 July 2020 wherein we acknowledged receipt of some of the documents we requested in terms of our PAIA application that we lodged on 29 August 2019.
We confirmed that your office managed to hand-delivered to our office on the 15th June some of the documents which we listed in our letter dated 15 July 22020. In the same email, we brought to your attention that there are still outstanding documents and requested that you provide us with them within 5 days of receipt of the email. We note that the 5 days has elapsed and you did not respond to this email.
In our whatssap conversation on 23 and 24 July 2020, I asked for a confirmation date wherein your office will be able to deliver the outstanding documents. In the conversation you contended that there are no outstanding documents due to us. I referred you to our email and the letter dated 15 July and also forwarded our PAIA application. We are yet to receive a response.
In light of the above, the Municipality has not fully complied with our PAIA request and there are still outstanding documents which for ease of reference, I list the documents again:
- Minutes of council meetings in which council approved the tenders in the records provided to us.
- Records of processes followed in the passing of the by-laws
- Land Audit – you informed me that the Municipality has not conducted a land audit.
- Spatial Development Framework (SDFs)
- SDF annual audits reporting on performance against SDF targets
- LUMS [Land Use Management System] regulations or by-law.
Given the prolonged handling of this request by the Sakhsizwe Municipality, we draw your attention to the possibility that should we not receive the aboventioned documents by close of business tomorrow, Wednesday 5 August 2020, we will deem that the documents have been refused by the Municplaity and we will apply for appropriate court order for access to those documents in in terms of the Promotion of Access to Information Act, no 2 of 2000.