Promoting access to information
19 March 2003
The Promotion of Access to Information Act, providing for the right of access to information, including the records of public and private bodies, represents a landmark in South African history, as it seeks to address the culture of secrecy surrounding information held by state and private institutions.
The Act proposes the establishment of voluntary and mandatory mechanisms to enable the public to gain access to records of public and private bodies as quickly, inexpensively and effortlessly as reasonably possible.
In addition, the Act acknowledges the need to educate all South Africans on their rights, in order to enable them to participate in decision-making that affects their lives.
The South African Human Rights Commission (SAHRC) is seeking to dispel misinformation concerning compliance with the Act - specifically, to refute rumours that companies that fail to submit information manuals to the Commission risk R10-million fines and
will not in future be eligible for government contracts.
"There has also been inaccurate reporting regarding information that should be in the manual, such as salaries and names of directors, a list of authorised people to bind the company to agreements, and documents relating to the company’s taxation", the SAHRC says on its web site.
According to the Commission, it is a legal requirement that all public and private bodies prepare and submit information manuals - called Promotion of Access to Information Act (PAIA) manuals - to the Commission.
The deadline for submissions has been extended from 28 February to 31 August 2003, and the SAHRC has prepared full online guides - along with explanations and links to the relevant legislation - to assist both private and public bodies to prepare their manuals.
"Failure to submit the manuals to the Commission may
constitute a criminal offence under the South African Human Rights Commission Act No 54 of 1994, and the Commission reserves the rights to subpoena and refer any public or private body to the relevant authority in order to institute criminal proceedings against such a body", the SAHRC explains.
"It is only a court of law which can determine whether there has been a criminal offence, and an appropriate sentence, which can, in terms of the South African Human Rights Commission Act, either be a maximum of six months' imprisonment or a fine or both.
"Contrary to media reports, there is no imprisonment of up to two years in terms of the South African Human Rights Commission Act. Reference to 'huge fines' and 'fines of up to R10-million' is speculative, as only a court of law will decide on this.
"The reference to private bodies not getting government tenders as a result of not submitting the manuals to the Commission has no legal basis in terms of the Promotion of Access
to Information Act and the South African Human Rights Commission Act.
"Section 14 and 51 of the Act provides for the content of the information manuals. Therefore, reference to the publication of salaries and a list of persons authorised to bind companies to agreements in the manual is incorrect."
For more information, contact the Commission's PAIA Unit:
SouthAfrica.info reporter
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