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Access to Information Manual

Access to Information Act: the need to compile a manual

Mon, 23 Jan 2012 14:06

Des Squire

A reprieve has been given to some businesses who are required to complete the Access to Information Manual. All businesses of any size or description are required to complete one. For most companies this was to have been completed by the end of 2011. Companies who have failed to do so may well find themselves in trouble with the South African Human Rights Commission (SAHRC).

On December 30th of last year the Department of Justice and Constitutional Development issued a notice advising of the exemption of certain bodies. These bodies now have until December 2015 to comply with section 51 of the Act which deals with the need to submit the PAIA Manual to SAHRC.

Businesses who have been granted the reprieve are all partnerships, close corporations, co-operatives, Individual business people (anyone operating a business of any description whether registered or not) and some private companies as defined in terms of companies act which

- Operate within any of the sectors mentioned in column 1of the schedule to the notice and has 50 or more employees
- Companies who have an annual turnover that is equal to or more than the amount mentioned in column 2 of the schedule

What should be included in the manual

- Full details of the company or business
- Details of the chief operations officer
- Information on legislation with which a company must comply
- Details of records generated by the company which are available
- Procedure to follow when such records are required in terms of the PAIA
- The fees as set out in terms of PAIA that may be charged

An electronic version of the manual should be e-mailed to fdmalesa@sahrc.org.za and a hard copy signed by the head of the organisation should be sent to the postal address of the SAHRC.

Even if you do not or have not complied or are exempt you are still required to comply with the terms of the Act.

Des Squire (Managing Member) AMSI and ASSOCIATES cc - des@amsiandassociates .co.za