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HAVE YOU SUBMITTED YOUR PAIA MANUAL, DUE ON 31 OF DECEMBER 2015?

Kirstin Legg

In terms of the Promotion of Access to Information Act No 2, 2000 (herein after referred to as “PAIA”), all private and public bodies must appoint an Information Officer and prepare a Section 51 Manual before 31 December 2015. All previous exemptions granted will expire on 31 December 2015.
 
PAIA legislation creates the framework to give effect to the constitutional right of access to information as stipulated in Section 32 of the Constitution of the Republic of South Africa, Act 108 of 1996. The purpose of the legislation is to promote a culture of transparency, accountability and good corporate governance, both in the private and public sectors.
 
All public and private bodies which meet the requirements outlined below are required to compile a manual in terms of Sections 14 and 51 of PAIA.
 
A private body is defined as:

  • a natural person who carries or has carried on any trade, business or profession, but only in such capacity;
  • a partnership which carries or has carried on any trade, business or profession; or
  • any former or existing juristic person, excluding a public body.

 
The definition of a private body is broad, and includes partnerships, dormant companies and close corporations, unincorporated associations as well as body corporates and sole traders.
 
In terms of Section 51 of PAIA, the head of a private body is required to:

  • compile a section 51 manual;
  • submit the manual to the South African Human Rights Commission (SAHRC);
  • affect material changes, if any, each time these occur, and resubmit the manual to the SAHRC;
  • update any material changes to the manual on a regular basis;
  • make the manual available at the company offices and on the website; and
  • annex a request form to the manual and also make the relevant request form available on the website and at the company offices.

 
All private and public bodies which had previously submitted manuals should update where necessary.
 
For further information regarding PAIA, please refer to the legislation available on the Department of Justice and Constitutional Development website by clicking on the following link:   http://www.justice.gov.za/paia/paia.htm