Draft amendments published by the Department of Justice mean that private companies will no longer be required to publish information manuals in the Government Gazette, in accordance with the legislation set out in the Promotion of Access to Information Act (PAIA).
Although both private and public bodies were initially required to publish information manuals in the Gazette, the amendments have been initiated by the department in response to requests from the business community and to ease the pressure on the government printers.
The justice department`s Web site says complaints from private businesses regarding the high cost of publishing the manuals in the Gazette and its suitability as an information medium has made such a requirement impractical on a number of levels. It said logistical problems experienced by the printers also influenced the decision.
Unlike the private companies, government departments will still be required to publish their information manuals in the Gazette.
Business Day reports that transparency requirements will still be met. Companies are still required to compile and submit their information manuals to the SA Human Rights Commission (SAHRC) by the end of August 2003, or within six months of a company`s formation.
This will enable third-parties to still be able to gain access to company records and information, in accordance with PAIA regulations.
According to the SAHRC, failure to submit the manuals may constitute a criminal offence and it reserves the right to subpoena and refer any public or private body to the relevant authority in order to institute criminal proceedings, should they fail to comply.
In terms of what details are required in these manuals, sections 14 and 51 of the PAIA provides for the content of the information manuals. In order to assist both public and private bodies in the preparation of these manuals, the SAHRC has prepared a number of guidelines, which can be accessed on its Web site.
The justice department invites comments on the amended legislation, which will be accepted on or before 30 April.
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