Access to information
2005-08-25
THE Human Rights Commission is inundated with phone calls and enquiries from members of the public due to uncertainty surrounding the compilation of the Section 51 Manuals.
Section 51 of the Promotion of Access to Information Act makes provision for the head of a private body to compile a manual.
The exemption that was granted to all private bodies with the exception of public companies from compiling a manual, will expire on 31 August, after which all private bodies must compile and submit manuals.
However, a private body that is newly established must submit its manual within six months of its coming into existence.
The manual must describe:
* the postal and street address, phone and fax number and, if available, electronic mail address of the head of the private body;
* a description of the Guide compiled by the Human Rights Commission, and how to access it;
* the latest notice, if any, regarding the categories of records of the private body which are available without a person having to request access in term of the Act (PAIA);
* a description of the records of the private body, which are available in accordance with any other legislation;
* sufficient detail for facilitation of a request to a record held by a private body, and
* a description of the subjects on which the private body holds records, and the categories of records held on each subject.
The Act defines a private body as a natural person who carries on or has carried on any trade, business or profession, but only in such capacity; a partnership which carries on or has carried on any trade, business or profession, but only in such capacity; or any former or existing juristic person.
After the manual has been compiled, it must be submitted to the Human Rights Commission either electronically at paia@sahrc.org.za or posted to Private Bag 2700, Houghton, Johannesburg, 2041.
Guidelines on how to compile a manual can be found on the website of the Commission at www.sahrc.org.za (click on the PAIA icon).
A copy of the manuals must also be kept at the offices of the private body, submitted to the controlling body of which that private body is a member, and made available on the website of the body, if applicable.
The manual is fairly simple to compile and can de done by the private body itself.
Members of the public are being harassed by individuals and some professionals charging exorbitant amounts to compile this manual. Should you choose not to compile this manual yourself, be careful not to be over-charged.
The Commission has made both oral and written recommendations for the exemption of smaller private bodies to the Department of Justice and Constitutional Development.
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