PAIA manual deadline still looming for some
By Tabacks Commercial Team
The Promotion of Access to Information Act, No 2 of 2000 (“PAIA”) requires all private and public bodies to prepare a manual that will set out the categories of records that they will hold and the way in which those records may be accessed and dealt with generally and specifically. Once compiled, a copy of the manual must be filed with the Commission for Human Rights. This has been considered by most within South Africa to be a burdensome task, particularly for smaller entities.
There is however hope for some in that certain exceptions apply to whether or not your origination is required to prepare and hold a PAIA manual. The Justice Minister has recently gazetted a notice wherein certain exemptions will apply to most organisations from having to compile a PAIA manual. However, together with the potentially favourable exemption which may apply to some originations, a deadline has been extended until 30 June 2021 for those originations for which the PAIA manual is required.
In order to determine whether or not your origination is required to prepare a PAIA manual in light of the exemption status and looming deadline, here are a few guiding questions which you can follow to determine whether your organisation is required to prepare a PAIA manual:
if your organisation is a private company as defined in section 1 of the Companies Act No. 71 of 2008, and you do not fall within any of the industries below, your organisation is not required to prepare a PAIA manual;
if your origination is a private company that falls within any of the industries below and you have more than 50 employees, your organisation will be required to prepare a PAIA manual;
If your origination is a private company that falls within any of the industries below and your annual turnover is equal to or more than the threshold amounts below as applicable to your industry, your organisation will be required to prepare a PAIA manual.
List by Sector, Employees and Annual Turnover
Agriculture, 50+ employees, R 2 million annual turnover
Mining and Quarrying, 50+ employees, R 7 million annual turnover
Manufacturing, 50+ employees, R 10 million annual turnover
Electricity, Gas, Water, 50+ employees, R 10 million annual turnover
Construction, 50+ employees, R 5 million annual turnover
Retail, Motor Trade and Repair Services, 50+ employees, R 15 million annual turnover
Wholesale Trade, Commercial Agents, and Allied Services, 50+ employees, R 25 million annual turnover
Catering, Accommodation and other Trade, 50+ employees, R 5 million annual turnover
Transport, Storage and Communications, 50+ employees, R 10 million annual turnover
Financial and Business Services, 50+ employees, R 10 million annual turnover
Community, Special and Personal Services, 50+ employees, R 5 million annual turnover
If you meet the assessment criteria above, you are required to prepare a PAIA manual and it would be advisable that you seek guidance before the deadline for submission lapses as it is not known whether a further extension will be granted.
Should you require any assistance in determining whether or not your organisation requires a PAIA manual or whether you require assistance in preparing your origination’s PAIA manual, our team at Tabacks will be able to assist in this regard.