The South African Human Rights Commission (SAHRC) has extended the deadline for public and private bodies to submit their information manuals - in terms of the Promotion of Access to Information Act (PAIA) of 2000 - until 31 August 2003.
According to reports, the Department of Justice has halted the printing process in respect of the Government Gazette, as there are certain legal aspects relating to the publication of the manuals in the Gazette that need to be deliberated.
The deadline has been extended to the end of August from its initial closing date of 28 February. It is a legal requirement that all public and private bodies should prepare and submit their respective information manuals to the SAHRC by the new deadline.
According to the SAHRC, failure to submit the manuals may constitute a criminal offence under the SAHRC Act Number 54 of 1994, 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.
The commission says that contrary to recent media reports, there is no imprisonment of up to two years in terms of the SAHRC Act. References to "huge fines" and "fines of up to R10 million" are speculative, says the commission`s Web site, as only a court of law is allowed to decide sentences.
By the same token, only a court of law can determine whether a criminal offence has been committed. Sentences can, in terms of the SAHRC Act, be a maximum of six months` imprisonment, a fine or a combination of both.
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.
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