All private bodies have to comply with The Promotion to Access of Information Act (PAIA) by the deadline date being 31 December 2015.
The definition of “PRIVATE BODY” is as follows:
- a natural person who carries or has carried on any trade, business or profession, but only in such capacity;
- a partnership which carries or has carried on any trade, business or profession; or
- any former or existing juristic person, but excludes a public body.
Therefore all companies, close corporations, trusts, partnerships, organisations and individuals who earn income other than a salary (rental income, trade in shares, etc.) are required to comply with the Act.
The head of a private body must:
- compile a section 51 manual;
- submit the manual to the South African Human Rights Commission (electronic and a hard copy original)
- update any material changes on the manual on a regular basis and resubmit to the SAHRC;
- make the manual available as prescribed by the Act at the company offices and on their website;
- must annex a request form to the manual and also make request form available on the website and at the company premises access points;
- failure to comply with the Act, could result in conviction to a fine or to imprisonment for a period not exceeding two years.
Please contact our offices should you require assistance in compiling and submitting your PAIA Manual.