handmade
Wednesday, 19 February 2003, 19:43
Courtesy of Curt Coetzee curt@mcwilliams.co.za
PROATIA : WILL YOUR BUSINESS COMPLY IN TIME? DON'T MISS THE FEBRUARY 2003 DEADLINE!
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.
VERY IMPORTANT : Is Proatia applicable to you?
Most definitely YES. This Act is applicable to both private and public bodies. Private bodies include, for example, from doctors, lawyers to massive corporations. The definition is extremely wide and includes all business be they sole traders, partnerships, close corporations and or companies. If you are a business the Act applies - easy.
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 the circumstances your secretaries or workers could start asking questions about what others earn to ensure that they are not being unfairly discriminated against by earning less. Its therefore important that you know how to deal with and respond to these requests for information.
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 addressed in the
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.
The information is not listed as such for all to see but the Manual must confirm that these records are available and that details of same can be requested. On receipt of the request the merits of same must be considered and handed over if the requirements of the Act have been complied with by the requestor.
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.
For more information contact:
McWILLIAMS & ELLIOTT INC.
Attorneys Notaries + Conveyancers
http://www.mcwilliams.co.za
email: curt@mcwilliams.co.za
PROATIA : WILL YOUR BUSINESS COMPLY IN TIME? DON'T MISS THE FEBRUARY 2003 DEADLINE!
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.
VERY IMPORTANT : Is Proatia applicable to you?
Most definitely YES. This Act is applicable to both private and public bodies. Private bodies include, for example, from doctors, lawyers to massive corporations. The definition is extremely wide and includes all business be they sole traders, partnerships, close corporations and or companies. If you are a business the Act applies - easy.
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 the circumstances your secretaries or workers could start asking questions about what others earn to ensure that they are not being unfairly discriminated against by earning less. Its therefore important that you know how to deal with and respond to these requests for information.
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 addressed in the
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.
The information is not listed as such for all to see but the Manual must confirm that these records are available and that details of same can be requested. On receipt of the request the merits of same must be considered and handed over if the requirements of the Act have been complied with by the requestor.
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.
For more information contact:
McWILLIAMS & ELLIOTT INC.
Attorneys Notaries + Conveyancers
http://www.mcwilliams.co.za
email: curt@mcwilliams.co.za