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PROMOTION OF ACCESS TO INFORMATION MANUAL

QUESTIONS AND ANSWERS

DID YOU KNOW?

That you should produce a MANUAL of certain information, submit a copy to the South African Commission of Human Rights by 31 December 2011.

TO WHOM DOES THIS APPLY?

Private bodies

1. A natural person who carries or has carried out any trade, business or profession

2. A partnership which carries or has carried on a trade, business or profession

3. Any juristic person (ie any close corporation, company, trust, co-op, bank, etc.) and

Public bodies

1. Any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or

2. Parastatals

IN TERMS OF WHAT LEGISLATION?

The Promotion of Access to Information Act 2 of 2000.

WHAT MUST YOU DO?

Prepare and maintain a ‘Manual’ of data in terms of this Act; Lodge the manual with the South African Human Rights Commission; Lodge and publish changes to the information as necessary.

WHEN SHOULD THIS HAVE BEEN DONE?

The manuals were to have been lodged by 15 August 2002, but this was extended to 28 February 2003, then to 31 August 2003 and now to 31 December 2011.

WHAT IS THE PENALTY FOR NON-COMPLIANCE?

The amount has not yet been determined but failure to have submitted the manuals may constitute a criminal office under the South African Human Rights Commission Act No 54 of 1994. The Commission’s Statement stated that they ‘reserve the right to subpoena and refer any public and private body to the relevant authority in order to institute criminal proceedings against such body’.

WHAT INFORMATION IS NEEDED?

The name of the head of the body – yours; Your contact addresses and phone numbers; Details of legislation that your organization holds records in respect of; Details of ‘public’ documents you hold; Details of all documents you hold.

WHAT CAN WE DO FOR YOU?

We can produce the manual for you etc. or we can put you...