Legislations That Every Business Should Be Aware Of

Times are hard for businesses and individuals. We therefore cannot allow private and public institutions to act in a manner that only benefits the few and not within the confines of the law.  

Given this difficult time, businesses must be aware of how to protect themselves when faced with malicious treatment from a dominant private or public sector institution. 

The following are the legislations generated through the process of frequently asked questions (FAQ) that every business that provides services or goods should be aware of:

1. Promotion of Administration Justice Act

What is PAJA?

Promotion of Administrative Justice Act 03 of 2000. 

What is the purpose of PAJA?

The purpose of the PAJA is to give effect to section 33 of the Constitution of the Republic of South Africa Act 108 of 1996. Section 33 provides that everyone has a right to administrative action that is lawful, reasonable, and procedurally fair.

Section 33 further states that anyone whose rights have been adversely affected by an administration action has the right to be given written reasons. 

Who does PAJA apply to?

The act applies to organs of state as defined and stated in terms of the Public Finance Management Act 01 of 1999. Some of the organs of the state include amongst others: Municipalities, government institutions, and some state-owned enterprises. 

How can businesses benefit business?

When one applies for a tender either open or private tender to provide goods or services to an organ of state and does not succeed in such tender invitation, you have the right to write to state-owned institutions requesting reasons why you were not successful in the bid. 

How does one make a PAJA application?

You make an application requesting reasons within 90 days of being aware of the action taken. 

How long would it take before the application process is finalized?

The process takes 90 days after receiving your request. 

What can one do if the 90-day period elapses without a response?

You can institute an application at a competent court compelling them to provide you with reasons as to why they have not responded to your application. 

Who does  PAJA not apply to?

PAJA does not apply to private sector institutions and some state-owned institutions. 

2. Promotion of Access to Information Act 

What is PAIA?

Promotion of Access to Information Act 02 of 2000

What is the purpose of PAIA?

PAIA is enacted to provide guidance and to assist people in making requests for information in certain institutions and the types of information that can be requested. PAIA was passed to give effect to the right of access to information, but some gaps in the law have impeded the Act’s efficacy.

Who is PAIA applicable to?

PAIA applies to every individual wishing to access certain information held by both public and private bodies. 

How do I make a PAIA request?

A written request can be made to both public and private bodies regarding personal information about the requester or the person on whose behalf the request is being made.

Who can make a PAIA request?

A natural person, a business, or a person acting on behalf of a natural person. 

Do you pay to request information under PAIA?

The fee for requesting records from a public body is R35 and R50 for records from a private body. 

How long does it take for the institution to respond?

The private or public body must respond to the information request within 30 days after receiving the application. The institution can also request an extension not exceeding 30 days to provide more information. 

What legal remedies do I have when my PAIA request is denied?

You may lodge an internal appeal against the person/office that refused to provide you with the information. The appeal must be filed within 60 days of receiving the decision.

If the period passes, the party can lodge an internal appeal as to why they were not able to lodge within the 60 days.  Another option is that you can apply for court relief within 60 days of receiving the decision.