Promotion of Access to Information Act - How does it affect you and your business?

All businesses must comply, before 28 February 2003, with the Promotion of Access to Information Act 2 of 2000 (Proatia) - do you? Do not be caught unaware of this Act and its compliance requirements.

What is Proatia?

The Promotion of Access to Information Act 2 of 2000 gives effect to the Constitutional right of access to information held by both public and private bodies, including obviously all businesses. In effect this allows every South African access to information held by any public or private body. The Act sets out how and what information may be requested from a business and also what businesses need to do to comply with the Act.

What are the implications?

In terms of Proatia all businesses are required to provide certain classes of information to the public or Government agencies where this is requested. For example, an employee could ask for information relating to the salaries of other employees or even the business owners/directors.

In terms of Proatia every business is required to draft a Manual in a prescribed form and same must be made available to the public on request. These Manuals must be completed by 28 February 2003.

What happens if a business does not comply?

Certain acts have been criminalized in terms of the Act. Other consequences are that the Human Rights Commission can publish a list of businesses that do not comply and it is thereafter possible that this could seriously impact on contracts / work that a business receives. Particularly Government Departments will not be contracting with non-compliant businesses. Private business will probably follow the same route as it will be safer to do business with a business that is Proatia compliant than one that is not. Are the risks of non-compliance worth it?

Individuals seeking information under this Act could also force a business to provide this information by bringing costly High Court Applications, the costly part being for the non-complying business.

What must be addressed in the business Manual?

The Act contains a lengthy list of information to be included in this Manual including, for example, the following:

Contact details, postal addresses, telephone and telefax numbers, e-mail addresses and the details of the person responsible for the Proatia compliance;

• A list of all employees and other personnel who are authorized to bind the business to agreements;

• A list of incorporation documents, such as constitutions, members agreements, articles of association;

• A list of the employees and their salaries, together with banking details;

• The names and salaries of directors/members;

• Information pertaining to legal proceedings involving the business;

The manner in which a request for information from the business should be submitted.

What does one have to do with the completed Manual?

Proatia Manuals must be :

• Available to the public free of charge at your business Head Office during business hours;

• Lodged with the Human Rights Commission and Department of Justice;

• Be placed on the website of the business;

• Be published in the Government Gazette.

VERY IMPORTANT : Is Proatia applicable to you?

Most definitely YES. This Act is applicable to both private and public bodies and as private bodies are widely defined in the Act it is safe to say that it will include all businesses from the one-man-show, example, the green grocer on the corner, to massive Companies and Close Corporations.

DO NOT BE CAUGHT UNAWARE / UNPREPARED.
REMEMBER YOU ONLY HAVE UNTIL 28 FEBRUARY 2003 TO COMPLY.

DO NOT WAIT UNTIL FACED WITH A COSTLY HIGH COURT APPLICATION BEFORE COMPLYING

DO NOT WAIT TILL YOU HAVE LOST BUSINESS BEFORE COMPLYING. RESPOND NOW.

Frequently asked questions relating to Proatia Manual :

• How does Proatia affect my business?

• Who may obtain access to records held by my business?

• Can a Government agency request access to records held by my business?

• What constitutes a record and what may be requested?

• What about trade secrets and/or other confidential information?

• What about the disclosure of financial information?

• Can I charge a fee for the cost of reproduction and the time spent in providing the information requested?

• How is the information requested?

• Are there standard forms?

• What happens when the record cannot be found?

• Can disclosure of certain information be refused?

• Can we be forced by the High Court to provide information?

What do you do if you require more information relating to this Act and the Manual ?

• E-mail your queries to law@mcwilliams.co.za;

• Telefax your queries for attention of Curt Coetzee of McWilliams & Elliott Inc. Fax 041 582 1274;

• Mail your queries to McWilliams & Elliott Inc., Attention Curt Coetzee at P O Box 45, Port Elizabeth, 6000;

• Telephone with queries and ask for Curt Coetzee at
  Telephone : 041 582 1250.

More about McWilliams & Elliott Inc.

McWilliams & Elliott Inc., Attorneys, Notaries and Conveyancers, is a law firm based in Port Elizabeth and is the oldest legal practice in the district, having been established in 1853. McWilliams & Elliott Inc. is a dynamic client focused law firm that provides legal services in nearly every area of the law to business, organizations, Government entities and individuals. We, at McWilliams & Elliott, strive to provide the highest quality legal service to our clients and take pride in abiding by the strict ethical codes of our profession. Please feel free to browse around our website for further information. 

Questions? Comments? Ideas? Opinions?

I am always happy to hear from you and you can reach me as follows:

CURT COETZEE:

• Email : curt@mcwilliams.co.za;

• Telephone : 041 582 1250;

• Mobile : 082 659 2853;

• Telefax : 041 582 1274;

• P O Box 45, Port Elizabeth, 6000;

• 83 Parliament Street, Central, Port Elizabeth.