Ayanda keeps the City on the right side of the law

06 August 2020

Ayanda Mngqinya is a senior legal advisor at the City of Cape Town and is a deputy information officer in terms of Section 17(1) of the Promotion of Access to Information Act 2 of 2000 (PAIA). Ayanda is working hard to ensure that the City complies with its constitutional and legislative obligations in terms of the PAIA, and that our decisions are reasonable and procedurally fair.

Ayanda started working for the City in April 2018.

The City has a dedicated walk-in public office, namely the Access to City Records Office in the Civic Centre, where the unit assists members of the public with the entire PAIA process when requesting information from the City.
This initiative forms part of the City’s campaign to make residents aware of the PAIA and that they can apply to the City for access to information.

PAIA came into operation to give effect to Section 32 of the Constitution, which provides the public the right of access to information held by the State and private bodies, with the exception of records held by the Cabinet, courts and by Members of Parliament and province.

Ayanda says: ‘The decision to pursue a career in law emanates from the natural love and respect that I have for the people irrespective of their age, colour, gender, and financial status. It is my desire to serve the community in different ways. To be part of and directly involved in our justice system is what also motivated me to decide on this fascinating career that is so much a part of me.’

Ayanda’s job entails:

• ensuring compliance with PAIA in her capacity as the deputy information officer as prescribed in Section 17(1) of the PAIA by exercising powers and perform functions in terms of the delegations provided to her in terms of Section 17(3) of the PAIA
• providing legal support and advice to the office of the City Manager in his capacity as the City’s Information officer and to City directorates insofar as PAIA is related
• rendering legal support and advice to the City of Cape Town line departments on matters related to administrative justice in terms of the Promotion of Administrative Justice Act, 3 of 2000 (PAJA)

Ayanda’s normal day at work involves attending to different matters relating to PAIA and PAJA, including:

• communicating with different line departments regarding the requests
• obtaining further information from the requesters (who are our clients), regarding their requests, where necessary
• conducting research and making decisions on requests in accordance with PAIA and the relevant case law
• facilitating the appeal process and submitting memorandums to the Office of the Speaker on the appeals lodged in terms of Section 74(1) of the PAIA
• responding to telephonic enquiries from the requesters and officials from the different directorates within the City
• providing assistance on queries received from the different directorates relating to the Protection of Personal Information Act (POPIA).

‘COVID-19 and the national lockdown have changed the normal way of doing things and we all had to adapt. I want to applaud Ayanda and her team for the amazing work that they are doing under very difficult circumstances. Most of their work requires that they have access to records to make decisions. Despite the many challenges, they are not deterred, but have found different ways of doing things. They are putting in an extra effort to ensure that matters are finalised within the prescribed periods as stipulated in the PAIA and PAJA,’ said the City’s Mayoral Committee Member for Corporate Services, Councillor Sharon Cottle.

Since the start of the lockdown on 27 March 2020, Ayanda turned this obstacle to an opportunity to adapt to doing most of her work electronically.

Ayanda says a ‘positive attitude towards my work, perseverance and patience are very important, especially when I get frustrated when my day does not go as planned. This period has brought about so much change in many respects. She said while times are different, all that matters is that you achieve your ultimate goals.

‘Ayanda and her team are inspiring. Thanks to their efforts the City is living up to its commitment of delivering excellent service to our clients and residents despite COVID-19.

‘I am also proud that the City is committed to equal opportunities. The majority of the management positions are currently held by women. Most of the officials in the PAIA Unit are women. Abafazi banamandla okwenza umehluko,’ said Councillor Cottle.

End

Published by:
City of Cape Town, Media Office