Companies must continue to prepare their information manuals in accordance with the legislation set out in the Promotion of Access to Information Act (PAIA), despite potential amendments to the Act coming into play, says justice department spokesman Paul Setsetse.
While Justice and Constitutional Development Minister Penuell Maduna has exempted all public and private bodies from submitting the manuals contemplated in sections 14(1) and 51(1) of the PAIA, for the period 1 March 2003 to 31 August 2003, Setsetse says no changes have yet been made to the actual legislation, so companies must continue to prepare in accordance with the Act.
"The department has received a number of representations from private companies requesting amendments to the Act, which must still be considered. In order to accommodate these concerns, draft amendments to the regulations have been prepared although they have not been finalised."
The 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 have made such a requirement impractical on a number of levels. It said logistical problems experienced by the printers also influenced the decision.
Therefore, the draft amendments include a paragraph which states that the head of a private body must, immediately after the manual has been compiled in terms of section 51(1) or updated in terms of section 51(2) of the Act, make a copy of the manual available to the SA Human Rights Commission (SAHRC) by end-August.
This will enable third-parties to still be able to gain access to company records and information, in accordance with PAIA regulations, without them having to be published in the Gazette.
Asked about organisations that have already submitted manuals to the publishers and paid the printing costs - understood to be R275 per page - and whether they would be reimbursed, he indicated that these organisations have complied with the law as it stands and further comment could only be made if the draft amendments are signed into law.
Setsetse says the deadline for submission of other possible amendments and comment on the proposed amendments is 30 April.
"If anyone is still of the opinion that there is a need to amend any of the other regulations, they are requested to identify the regulation concerned, give a brief outline of the problems associated with the particular regulation and submit a proposal to address these to the department."
The department hopes to have any amendments to the regulations confirmed by the end of June in order for them to be finalised prior to the end of the grace period that has been granted until the end of August.
"Of course, many things can still happen, and should the amendments not be signed in to law, companies will still have to have their manuals prepared in accordance with the regulations. This is why we feel that they should not stop their preparations, just because the amendments have been proposed."
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