The Promotion of Access to Information Act, 2000 became effective on 9 March 2001, with the exception of sections 10, 14, 15 and 51, which became effective on 15 February 2002.
All public and private bodies are required in terms of sections 14 and 51 of the Promotion of Access to Information Act (PAIA) to compile manuals on how to access their records.
Temporary exemption was given to certain private bodies and this exemption therefore applied to all private companies EXCEPT where they were involved in any of the sectors mentioned in Schedule 1 of the Act (see below), and they had 50 or more employees or had a turnover above the amounts in Schedule 1, Column 2 of the Act. This exemption however, expires on 31 December 2011.
Therefore it is imperative for private businesses, which were previously exempted, to note that the deadline for the completion of these manuals is 31 December 2011.
Exception of a Private Company
|Column 1||Column 2|
|Agriculture||R2 Million||R2 million|
|Mining and Quarrying||R7 Million||R7 Million|
|Manufacturing||R10 million||R10 million|
|Electricity, Gas, Water||R10 million||R10 million|
|Construction||R5 Million||R5 Million|
|Retail, Motor Trade and Repair Services||R15 Million||R15 Million|
|Wholesale Trade, Commercial Agents and Allied Services||R25 Million||R25 Million|
|Catering, Accommodation and other Trade||R5 million||R5 million|
|Transport, Storage and Communications||R10 Million||R10 Million|
|Finance and Business Services||R10 Million||R10 Million|
|Community, Special and Personal Services||R5 million||R5 million|
It must be noted that should the manuals not be submitted by the due date, the heads of private bodies may be liable to a fine or a jail sentence not exceeding two years. The non submission is deemed to be a criminal offence.
Should your company fall into the category listed above and you require assistance in compiling the manual please contact us.