Manuals prepared in accordance with Section 51 of the Promotion of Access to Information Act No. 2 of 2000
In terms of Section 51 of the Promotion of Access to Information Act of 2000 (the Act), enforced by the SA Human Rights Commission, all private bodies are obliged to have information manuals (PAIA Manuals) pursuant to the Act, and are obliged to publish the PAIA manuals.
The Act has its origin in section 32 (1) (b) of the Constitution which provides that everyone has the right of access to ‘any information that is held by another person and that is required for the exercise or protection of any rights’. The Act has been enacted by Parliament to give expression to this right. In terms of section 50 of the Act, all private bodies, including NPOs, are required to give access to any record of the private body to a requester if:
- that record is required for the exercise or protection of any rights;
- that person complies with the procedural requirements laid down in the Act; and
- refusal to access is not based upon any ground for refusal listed in the Act.