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Pretoria – All businesses, from the woman selling pancakes
at a flea market to major companies, have to submit information to the Human
Rights Commission about their operations before the end of June next year.
Should they fail to do so, they could be sentenced with up to two years’ imprisonment.
In terms of Section 51(1) of the Promotion of Access to Information
Act, Act 2 of 2000 (Paia), sole proprietorships and heads of close
corporations, partnerships, private companies, trusts and associations have to
draw up a document setting out information in various categories.
The deadline for state institutions, public and certain
private companies was back in 2005.
The minimum requirements for the information are the names
and contact details of the enterprise and who heads it; a list of documents –
for example tax records, contracts, employee contracts and bank statements; a
list of copies held of those acts to which the enterprise is subject; and the
procedure required for requesting information.
In terms of the act anyone should be able to apply for
information about an enterprise. “But the act does make provision for various
reasons why a request for information can be refused,” said Alan Holton, owner
of Compliance Monitoring Systems in Knysna.
These include the protection of
privacy and business confidence.
In addition, the applicant has to identify himself clearly
and give reasons for the request.
Holton said most people's biggest problem – apart from the
fact that they are unaware of the existence of Paia or the deadline for
submitting the documents – is that they have no idea of the laws that apply to
their businesses.
His advice is to obtain this information from their auditor or
business chamber.
Businesses have to keep a copy of the Paia document, and
preferably on their website as well.
He said that theoretically it will probably be difficult to
prosecute those who do fail to comply or submit these documents, “but problems
will arise when someone wants information about them”.
If it then becomes evident that the Human Rights Commission
does not have the Paia document, an enterprise can be prosecuted.
- Sake24
For more business news in Afrikaans, go to Sake24.com.
