frequently asked questions

What is the Promotion of Access to Information Act?

The Promotion of Access to Information Act is a legislated act which requires all public and private bodies to compile manuals containing specific information for access by any person in terms of the constitutional right of access held by the state and any information that is held by another person (business) and that is required in order to exercise or protect ones rights.

What happens if I do not comply with PAIA by the 31 August 2005

The head of a business that fails to publish the manual will be guily of an offense. This may mean a fine or imprisonment for up to 2 years.

Which private bodies must comply with this legislation?

• A natural person who carries on any trade, business or profession.
• A partnership which carries on any trade, business or profession.
• Any juristic person, this means companies, closed corporations, and trusts.

What must the PAIA manual contain?

The Section 51 Manual for Private Bodies must contain the following information as prescribed in section 51 of the Act.

• Contact information for the body.
• Sufficient detail on the procedure as to how to make a request.
• A classification of the information that a body holds.

The information must be updated as and when it changes.

Who can request information from my organization?

Any requester must be given access to any record of a private body if:

• That record is required for the exercise or protection of rights.
• That person complies with the procedural requirements in this Act relating to a request for access to that record.
• Access to that record is not refused in terms of any ground for refusal in Chapter 4 of the Act. This includes for example requests for information which contains trade secrets or financial, commercial, and other information which if disclosed would cause harm to the interests of the requested body. Other reasons that a request may be refused is if it is manifestly frivolous or could cause substantial and unreasonable diversion of resources to comply with.

What do I need to do to be compliant with this LAW.

We will assist you in acheiving PAIA compliance with the minimum of fuss and hassle.

Simply complete the form by pressing the button below. Upon completion of the form we will do the following:

• Save the information for you on our secure database servers located in the Bluefusion Data Centre. This means that when your information changes you simply log on and alter the details.
• We will email you instructions as to how to link your generated PAIA manual to your website (if you have one).
• We will give you the hyperlink (website address) that you can provide to any person requesting information from you in terms of PAIA legislation. You then simply give them the link and they can then go there, view your PAIA manual and submit a request for information.
• We will submit your PAIA manual to the South African Human Rights Commission as required in terms of legislation.
• We will provide you with a logon id and password to change your PAIA information in the future in order to keep it up to date.
• We will host your PAIA manual for you on an ongoing basis for a small annual fee of R150 incl. for year 1 and R100 incl. for every subsequent year.

What does the Bluefusion PAIA hosting service cost?

Initial registration, submission to the SAHRC, and the first year of hosting your manual will cost R300. Hosting of your manual in year 2 onwards will cost R100. NOTE: You will be able to logon at any point and change details as required to keep your business 100% legal and up to date.