PAIA Manuals required by 31/12/2011

The deadline for businesses to submit manuals as required by the Promotion of Access to Information Act of 2000 is in 21 Days.  In terms of this Act, all the public and private bodies are required in terms of sections 14 and 51 of the Promotion of Access to Information Act (PAIA) to compile manuals on how to access their records.

Prior to the Act certain private companies and other bodies were exempt from compiling and submitting manuals.  The new Act will include all businesses, small to large as well as individuals and partnerships carrying on business.

Regarding Private Bodies, the Act requires that:

• Any natural person or juristic entity that carries on a business, trade or profession must compile a PAIA manual in terms of Section 51 of the PAIA Act
• The PAIA manual must be submitted to the South African Human Rights Commissions (SAHRC) by 31 December 2011. 
• The PAIA manual must be submitted in electronic and hard copy forms.
• The PAIA manual must also be made available at the business offices and on the website. 
• Any material changes must be updated on a regular basis.
• The PAIA manual must include a request form

The requirements for private bodies is stated in section 51 of the Act indicating that the manual must contain the following information:

• Specific Information
  • The name of the head of the private body - the CEO is usually the Information Officer in terms of PAIA.
  • Contact Details: postal & street address, phone & fax number and e-mail address if available.
  • A list of the Acts that the business operates under.
  • The list of available records generated by the business stating those which are automatically available and those that are available on request
• General Information
  • The description of the guide compiled by the SAHRC and how to access it
  • The latest notice regarding the categories of records of the body which are available without a person having to request access in terms of PAIA
• Request for Access Information
  • Outline the request procedure and details facilitating request for access to a record in terms of PAIA
  • Stipulate the fees applicable as legislated by the Act which are chargeable to requesters
  • Remedies available to requesters if their request for information has been refused