On 26 November 2015 the office of the Minister of Justice and Correctional Services issued a notice confirming that the Minister has "decided to further exempt private bodies from compiling the Manual contemplated in section 51(1) of Public Access to Information Act (“PAIA”) for a period of five years with effect from 1 January 2016."
Despite the extension, it was however stated that Government notice 34914 still remains applicable.
This means that private bodies such as:
- a natural person who carries or has carried on any trade, business or profession, but only in such capacity;
- a partnership which carries or has carried on any trade, business or profession; or
- any former or existing juristic person
must still compile and submit their PAIA manual to the Human Rights Commission if the following criteria applies to them :
If the company operates within any of the Sectors mentioned in Column 1 and has 50 or more employees
If the company operates within any of the Sectors mentioned in Column 1 and has a total annual turnover that is equal to, or more than, the applicable amount in Column 2
|SECTOR||EMPLOYEES||ANNUAL TURNOVER ZAR (000 000)|
|Agriculture||50 or more||2|
|Mining and Quarrying||50 or more||7|
|Manufacturing||50 or more||10|
|Electricity, Gas, Water||50 or more||10|
|Construction||50 or more||5|
|Retail, Motor Trade and Repair Services||50 or more||15|
|Wholesale Trade, Commercial Agents, and Allied Services||50 or more||25|
|Catering, Accommodation and other Trade||50 or more||5|
|Transport, Storage and Communications||50 or more||10|
|Financial and Business Services||50 or more||10|
|Community, Special and Personal Services||50 or more||5|
Note: there are penalties for non-compliance (see section 90 of PAIA)
All other companies who fall outside the above criteria are exempt for a further period of 5 years from 31 December 2015 and their manual is only due in the year 2020.
Should your company fall within any of the above categories, or if you wish to lodge your PAIA manual at this time, and you require our assistance with compiling such, please e mail us on firstname.lastname@example.org.