Legislation

• Promotion of Access to Information Act, No.2 [PDF]

• Promotion of Access to Information Amendment Act [No. 54 of 2002]

• Regulation No. 187 of 15 February 2002 (Gazette No. 23119 Vol. 440 - contains fees and forms structure)

Extension

Following the recommendation of the SAHRC regarding exemption of the small private bodies from submitting manuals in terms of section 51 of the Promotion of Access to Information Act, the Minister of Justice and Constitutional Development has issued a statement to the effect that all private bodies other than public companies are exempted from submitting the manuals.

The Public companies are those companies designated by the words “Limited” after their name and private companies are those designated by the words “Proprietary Limited” after their name.

Private companies may have a maximum of 50 shareholders and cannot offer their shares to the public. They are not required to publish annual financial statements. Public companies on the other hand may have an unlimited number of shareholders and may offer their shares to the public, for example on a stock exchange.

Please note that a proper notice or regulation shall be issued by the Department of Justice on the Government Gazette.

Issued by: South African Human Rights Commission
Date: 28 August 2003
For more Information contact: Phumla Mthala
Tel: (011) 484-8300/ 072 338 3872
paia@sahrc.org.za

Promotion of Access to Information Act, (PAIA) Act 2 of 2000 is administered by the Human Rights Commission

http://www.sahrc.org.za/paia_info.htm

Commentary

Section 32 of the Constitution deals with the right of access to information and provides that everyone has the right of access to any information held by the State, and any information that is held by another person and that is required for the exercise or protection of any rights.  The Promotion of Access to Information Act, 2000, gives effect to section 32 of the Constitution subject to justifiable limitations, including but not limited to, limitations aimed at the reasonable protection of privacy, commercial confidentiality and effective, efficient and good governance and in a manner which balances the right of access to information with any other rights including the rights in the Bill of Rights in Chapter 2 of the Constitution.  The Act establishes voluntary and mandatory mechanisms or procedures to give effect to that right in a manner which enables persons to obtain access to records of public and private bodies as swiftly, inexpensively and effortlessly as reasonable possible.  The Act also promotes transparency, accountability and effective governance of all public and private bodies by empowering and educating everyone to understand their rights in terms of the Act, to understand the functions and operation of public bodies and to effectively scrutinise, and participate in, decision-making by public bodies that affects their rights.

The Act, with the exception of sections 10, 14, 16 and 51, came into operation on 9 March 2001.

Regulations & Notices

• Regulation No. 187 of 15 February 2002 (Gazette No. 23119 Vol. 440 - contains fees and forms structure)
Individual Files

• 23119 pg2 - 19.pdf

• 23119 pg20 - 37.pdf

• 23119 pg38 - 53.pdf

• Notice 246 of 2002 (Commencement of Sections)
• Promotion of Access to Information Act, 2000 Notice No. 2555 of 2000

Manual

• • Section 14 Manual for the SAHRC (Public Bodies)

• The SAHRC Guide to Drawing up the Section 51 Manual (Private Bodies) in terms of the Promotion of Access to Information Act (right click and select "Save Target As" to download the MS Word document)

• PAIA Guide (English)

• SECTION 51 MANUAL FOR [Name of private body]

Examples

• Crossroads Distribution (Pty) Ltd, NWK Groep, Novobord (Pty) Limited, New Africa Capital Financial1 Services Group, Ellerine Holdings Limited, East Cape Wool Warehousing CC, Cement Defined Contribution Pension Fund, Sabinet, South African Bank of Athens

Extension

For further inquiries please contact the SAHRC:
Advocate Mothusi Lepheana (Head of PAIA Unit)
(011) 484 8300
paia@sahrc.org.za

Promotion of Access to Information Act, (PAIA) Act 2 of 2000 is administered by the Human Rights Commission

http://www.sahrc.org.za/paia_info.htm

Links and References

Guidelines to PAIA Manual