South African Council of Churches

Parliamentary Office P.O. Box 2591 CAPE TOWN 8000 Phone: +27 21 423 4261 Fax: +27 21 423 4262

Promotion of Access to Information Manual Template

In terms of the Promotion of Access to Information Act, No. 2 of 2000, all private bodies are required to submit a manual to the South African Human Rights Commission that describes the types of records the organisation holds and the procedure for requesting such information. The current deadline for submission of manuals is 31 August 2005. This template is provided as an aid to assist churches and religious bodies to comply with this legislation. Instructions The submitting agency must replace the italicised text in items 1, 3, 4(i), 4(ii) and 6. Optionally, you may also include a brief description of the organisation in the introduction. The material in items 2, 4(iii) and 5 has been prepared by the South African Human Rights Commission (SAHRC). These are standard entries and may be copied just as they are. National denominations may use this template as a basis for their submissions, and then distribute church-specific templates to their local denominations, dioceses, etc. A copy of the completed template should be sent to the South African Human Rights Commission at the addresses shown in item 2. In addition, a body that is a subsidiary of a larger organisation (e.g., congregations within a denomination) should also send a copy to its parent body. If your organisation maintains a website, you should also post a copy of your manual on your website.

15 August 2005

SECTION 51 MANUAL FOR [Insert church name here]

Table of Contents
Introduction Particulars in Terms of the Section 51 manual Contact details, etc.

Introduction to [church name]

[In this optional paragraph a very brief description can be given of the core activities of the church in order to provide a quick reference source. Mission statements and a brief list of objectives may be appropriate].

PARTICULARS IN TERMS OF THE SECTION 51 MANUAL

1 Contact details
[Name, the postal and street address, phone and fax number and, if available, e-mail address of the head of the church.]

2 The section 10 Guide on how to use the Act [Your church name] does not currently have a hard copy of this guide, as produced by the South African Human Rights Commission. However an electronic version of the Guide can be accessed at: http://www.sahrc.org.za/PAIA%20Guide%20Final.pdf For a hard copy of the guide and for any further information on how the requester can get access to the Guide other than through the link provided above please contact: South African Human Rights Commission
PAIA Unit The Research and Documentation Department Postal address: Private Bag 2700 Houghton 2041 Telephone: +27 11 484-8300 Fax: +27 11 484-0582 Website: www.sahrc.org.za E-mail: PAIA@sahrc.org.za

3 Records available in terms of any other legislation

[Churches need to consult the list of legislation available at http://www.sahrc.org.za/paia_legislation.htm and select the Acts under which you are obliged to keep or submit records. All that is needed is a list of the applicable legislation, not a list of the records held in accordance with that legislation.]

4 Access to the records held by the private body in question

i) The latest notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act in terms of section 52(2). [This is applicable only IF your church has any pamphlets, annual reports, research documents, policy statements, litigation, etc. that a person could obtain without having to go through request procedures as contained in the Act. By listing items here, you do not have to deal with unnecessary requests for records that are easily available. If your private body does not have anything to put here you can just write "Not applicable"] ii) Records that may be requested. A description of the subjects of the records held by the body and the categories in which these subjects are classed.

[This is a summary of what kinds of records your church has. You need to classify where a record is located within church, but you do not need to include the contents of the record. A person requesting the record will not simply have access to it just because it is listed. Access is determined by the procedures set forth in the Act. In the case of a private body, such as a church, a person can only request information if they need it in order to protect a right. The SAHRC provides the following example of how to classify records. Obviously, it is not directly applicable to churches, but provides an idea of how to create an appropriate framework: Administration:

Licenses (categories); Minutes of management meetings; Minutes of staff meetings; Correspondence; Etc. Staff recruitment policies; Induction Manual; Quality Management System Policy and Procedures; Employment contracts; Remuneration records and policies; Etc. Financial statements; Annual financial statements; Vouchers; Stock records; Assets inventory; Etc.

Human Resources:

Finances:

Other:

iii) The request procedures

Form of request:
The requester must use the prescribed form to make the request for access to a record. This

must be made to the head of the private body. This request must be made to the address, fax number or e-mail address of the body concerned.
The requester must provide sufficient detail on the request form to enable the head of

the private body to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed. and provide an explanation of why the requested record is required for the exercise or protection of that right. of the capacity in which the requester is making the request to the satisfaction of the head of the private body.

The requester must identify the right that is sought to be exercised or to be protected

If a request is made on behalf of a another person, the requester must then submit proof

Fees: A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee:
The head of the private body must notify the requester (other than a personal requester) by

notice, requiring the requester to pay the prescribed fee (if any) before further processing the request.

 The fee that the requester must pay to a private body is R50. The requester may lodge an

application to the court against the tender or payment of the request fee. notified in the required form.

After the head of the private body has made a decision on the request, the requester must be

If the request is granted then a further access fee must be paid for the search, reproduction,

preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.

5 Other information as may be prescribed

The Minister of Justice and Constitutional Development has not made any regulations in this regard.

6 Availability of the manual

[Briefly mention that the manual is also available for inspection at the offices of the church free of charge; and copies are available with the SAHRC, in the Gazette and on the churchs website (if any).]