Human Rights Commission Warns against Misleading Fax regarding the Promotion of Access to Information Act

The South African Human Rights Commission received a query from a concerned member of the public on 15 June 2004 alleging that there was a fax circulating in the business community in Gauteng Province relating to the production of the manuals in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (PAIA).  The fax, which is in the possession of the Commission, was written by an accounting firm based in Pretoria and it states the following misleading information:

That all private bodies (businesses) have to develop and submit section 51 manuals.
That the due date for the submission of the said manuals is 31 July 2004.
That the Government will introduce an option for people who have not submitted the manuals by the closing date to submit the manuals to the Government Printers at a fee of R8000 per manual. 
That the Promotion of Access to information Act was passed in 2002 instead of 2000.

The accounting firm states further in the fax that their firm together with a firm of attorneys are available to assist people with the preparation of the manuals at a fee of R2500 (the name and the contact details of the Pretoria based law firm is provided in the fax).

The said fax is incorrect and misleads the public and distorts the official statements issued by the Minister of Justice regarding the development and submission of the section 51 Manuals.

The correct position regarding the submission of the manuals is that the Minister of Justice and Constitutional Development issued a notice in the Government Gazette on 29 August 2003 (Government Notice No 1243) exempting all private bodies other than public companies from submitting manuals until 31 August 2005.  It is therefore incorrect that the deadline for the submission of manuals is 31 July 2004 and that the Government Printers has anything to do with the submission of the manuals.

The Commission intends taking up this matter with the relevant professional bodies regulating lawyers and accountants. Members of the public are advised to contact the South African Human Rights Commission (PAIA Unit) or the Department of Justice and Constitutional Development on any issue pertaining to the Promotion of Access to Information Act.

The affected members of the public may lodge their complaints with the South African Police Services, the Law Society of South Africa or South African Institute of Chartered Accountants.