• Jan 27, 16
  • Statucor
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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

OR

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 info@statucor.co.za.