Wednesday, 11 January 2012

The Minister of Justice and Constitutional Development exempts certain private bodies from submitting information manuals to the SAHRC in terms of the Promotion of Access to Information Act (PAIA).

The SA Human Rights Commission is pleased to announce that as a result of its recommendation, the Minister of Justice and Constitutional Development has exempted certain private bodies from submitting information manuals to the Commission in terms of the Promotion of Access to Information Act (PAIA). This exemption is effective from 30th of December 2011 until 31 December 2015.

The legislation which aims to increase information flows, transparency and accountability within the public and private sectors requires private bodies to produce information manuals in terms of section 51 of the Act. Based on its engagement with small and medium businesses, the Commission recommended that the earlier 2005 moratorium exempting small businesses from compiling manuals in terms of the Act be extended for practical reasons to limit the burdens on small businesses in the country.

Even though the Commission welcomes this extension, it however cautions the relevant private sector that exemption from compliance with the submission of the information manuals does not in any way exempt the sector from compliance with the rest of the provisions of the legislation. Business must strive to operate as responsible corporate citizens committed to human rights, transparency, accountability and optimal information flows.

The exemption means that private companies which employ 50 or more personnel must submit manuals to the Commission. Private companies which operate within specific sectors including mining, agriculture, retail and manufacture and which have an annual turnover equivalent to or in excess of specific thresholds must also fully comply with the legislation.

The exemption notice and explanatory notes are posted on the website of the Commission to assist members of the public further at www.sahrc.org.za. Contact details for the nerve centre dedicated to compliance in terms of the legislation are also posted on the website.  

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