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Certain private bodies are exempt from compiling a PAIA manual, for now

In terms of section 51(4) of the Promotion of Access to Information Act, 2000 ("PAIA"), the Minister for Justice and Correctional Services has extended the exemption that certain private bodies do not need to have a PAIA manual, for a further limited period of six months from 1 July 2021 to 31 December 2021.  From 1 January 2022, the exemption will lapse and all organisations must have a PAIA manual.

The exemption has been granted on the basis of sector, number of employees, and annual turnover.

Your company will not need to compile a PAIA manual for the next six months unless it is a:

  • public, personal liability, or state-owned company, or any other company that does not satisfy the definition of "private company" given in the Companies Act, 2008; or
  • private company which:
    • operates within the sectors indicated in Column 1 below, and has 50 or more employees in its employment; or
    • has a total annual turnover that is equal to or more than the amount indicated in Column 2 below.

 

Should the limited exemption not be applicable to your company, you will still need to ensure that, from 1 July 2021, a PAIA manual is made available:

  • on your company’s website, if applicable;
  • at the principal place of business of your company for public inspection during normal business hours;
  • to any person upon request and upon the payment of a reasonable amount; and
  • to the Regulator upon request.

Should you require any assistance with preparing a PAIA manual, or determining whether the limited exemption applies to your company, please contact us. 

 

Rakhee Dullabh

Technology, Media and Telecommunications | Executive

rdullabh@ENSafrica.com

+27 82 509 6565

 

Priyanka Naidoo

Corporate Commercial | Associate

pnaidoo@ENSafrica.com

+27 72 662 4355