Access to Information/ PAIA: Exemptions relating to section 51 manuals

The Human Rights Commission welcomes the decision of the Minister of Justice and Constitutional Development to exempt private bodies from compiling and submitting section 51 manuals on 1 September 2005.

All private bodies with the exception of public companies are exempted from submitting the manual from 1 September 2005 until 31 Dec 2005. The effect thereof is that inter alia all sole proprietors, partnerships, private companies, close corporations, section 21 companies and body corporates will now be exempt from compiling and submitting their manuals at least until 31 Dec 2005. However, a further long - term exemption post 31 December 2005 has also been granted. The long – term exemption is for the period 1 January 2006 up to and including 31 December 2011. The long - term exemption applies to all private bodies except public companies and certain private companies. 

If a certain private company operates within a particular sector and employs 50 or more employees, or operates within a particular sector and has a total annual turnover equal to exceeding the amounts set out in the Schedule herein below, it must comply with section 51, after 31 December 2005. 

However, it is regrettable that this decision of a further exemption was made at this late stage, when members of the public have already incurred expenses in the compilation and submission of the manuals. The Commission did approach the Department of Justice and Constitutional Development for the exemption in question long before the due date.

Notwithstanding the decision of the Minister, the Commission's position has been for the past few years that the Act should be amended in order to exclude small private bodies from submitting the manuals in question - the temporary exemptions are not satisfactory as they result in uncertainty in the law and causes unnecessary stress to members of the public.

COLUMN 1	COLUMN 2
Agriculture	R 2 million
Mining and Quarrying	R 7 million
Manufacturing	R 10 million
Electricity, Gas and Water	R 10 million
Construction	R 5 million
Retail and Motor Trade and Repair Service	R 15 million
Wholesale Trade, Commercial Agents and Allied Services	R 25 million
Catering, Accomodation and Other Trade	R 5 million
Transport, Storage and Communications	R 10 million
Finance and Business Services	R 10 million
Community, Special and Personal Services	R 5 million