The Promotion of Access to Information Act, 2000 require all juristic persons and all businesses, small to large as well as individuals and partnerships carrying on business to compile manuals on how to access their records. These manuals must be submitted to the South African Human Rights Commission (SAHRC) and must be available at the business offices. Material changes in the manuals must also be updated regularly.
The Act specifies what information these manuals must contain and include inter alia:
- contact details
- information that the business keeps in compliance with other legislation
- a description of the subjects on which the private body holds records, and the categories of records held on each subject
Exemption of certain private bodies no longer applicable
The Minister of Justice has exempted certain private bodies in the past from compiling these manuals. However this exemption is no longer applicable. Therefore all businesses should review their submitted PAIA manuals and update where necessary. Private bodies, which were exempted, must now also submit their manuals by 31 December 2015.
We strongly recommend that all entities resubmit their manuals if they submitted the previous manual prior to December 2007, even if there is no changes to the manual.
We can assist you with compiling your manuals. Our fees will be R750 (excl. VAT) per manual where all information is readily available. Should you have more than 2 business/entities for which manuals must be prepared, we will reduce this fee to R500 (excl. VAT) per manual.
This article is a general information sheet and should not be used or relied upon as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your financial adviser for specific and detailed advice. Errors and omissions excepted (E&OE)
