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 Deparment of Justic 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 dscription whether registered or not) The exemption does not apply to private companies who
■Operate within any of the sectors mentioned in colum 1of the schedule to the notice and has 50 or more employees
■Companies who have an annual trunover that is equal to or more than the amount mentioned in colum 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 dmalesa@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
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Permalink Reply by Marius Basson on January 24, 2012 at 9:11 Hi Des,
Where can i find the notice issued by the the Deparment of Justic and Constitutional Development ?
Permalink Reply by Johan GC Blignaut on January 24, 2012 at 9:13 Good morning Des,
I think that it is an excellent and proactive initiative to ensure transparancy throughout the industries. I have to agree with the overall underlined principle that whether private or business that i myself, as not only an individual but also a professional would like to know with whom i interact as well as do business with as a basic principle of life.
As for what my believe is, is that if you keep anything in the dark for too long it starts to generate a life of its own and can easily be corrupted whereas if it is brought into the light it has to grow and perform in accordance to what it's purpose or design is, simply put it must do what it says it will do, if that makes any sense to you.
Anyway enough ranting from my side.
Blessings & Prosperity
Johan
Hi Marius
See attached.
Marius Basson said:
Hi Des,
Where can i find the notice issued by the the Deparment of Justic and Constitutional Development ?
Permalink Reply by Myrtle Peters on January 24, 2012 at 9:23 Good morning Des
Thank you for the information, do you have any info with regards to the format of the manual that must be drafted.
I work mainly in smme development who employs 1-15 people are they required to draft the information document?
Kind Regards
Myrtle
In terms of what I have just posted the reply is YES. If you google "PAIA Manual " you will see some examples.
Myrtle Peters said:
Good morning Des
Thank you for the information, do you have any info with regards to the format of the manual that must be drafted.
I work mainly in smme development who employs 1-15 people are they required to draft the information document?
Kind Regards
Myrtle
Permalink Reply by Mike Barker on January 24, 2012 at 10:17
Hi Des,
I believe there are a couple of crucial words missing from you posting, which completely change it's meaning!! Unless I've got it wrong, two words should be included in bold as follows:
Businesses who have been granted the reprieve are all partnerships, close corporations, co-operatives, Individual business people (anyone operating a business of any dscription whether registered or not) and some private companies as defined in terms of companies act except those which
■Opearte within any of the sectors mentioned in colum 1of the schedule to the notice and has 50 or more employees
■Companies who have an annual trunover that is equal to or more than the amount mentioned in colum 2 of the schedule
Permalink Reply by Chantal Fourie on January 24, 2012 at 11:02 Hi everyone,
We compiled ours using a Web Based Solution found at - www.accesstoinfo.co.za .
Very user friendly, quick and easy! ...And you receive a copy of the compiled manual for your records once completed and submitted.
Hope it helps!
Hi Mike
Thank you for that observation I have altered the wording above and attached the relevant document
Mike Barker said:
Hi Des,
I believe there are a couple of crucial words missing from you posting, which completely change it's meaning!! Unless I've got it wrong, two words should be included in bold as follows:
Businesses who have been granted the reprieve are all partnerships, close corporations, co-operatives, Individual business people (anyone operating a business of any dscription whether registered or not) and some private companies as defined in terms of companies act except those which
■Opearte within any of the sectors mentioned in colum 1of the schedule to the notice and has 50 or more employees
■Companies who have an annual trunover that is equal to or more than the amount mentioned in colum 2 of the schedule
Permalink Reply by Margaret Becker on January 25, 2012 at 8:06 It is very easy to do the PAIA manual. There is an online site www.accesstoinfo.co.za that helps you compile the manual and forwards it to the Human Rights Commission. This takes about 20 minutes of time and costs R200.00. Accountants charge between R800 and R3000 for a manual and you still have to supply all the information to them. It was an eye-opener to see how many different acts govern business, even small business and I wonder how many small businesses manage to keep good records as required by the various acts. I had done my manual before the extension was announced and it was fairly painless. Even though there has been an extension the next deadline will catch people by surprise again.
© 2012 Created by Alan Hammond.