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Don’t be caught with your PAIA manual down

It has been more than six months since the Minister of Justice and Correctional Services ended the exemption for SMEs to comply with the segments of the Promotion of Access to Information Act, 2000 (“PAIA”). With these exemptions no longer applicable, it has become urgent for all entities to ensure that they comply with the legislation. Not doing so may be considered a criminal offence.

In terms of PAIA, all public and private bodies must have a PAIA manual containing prescribed information. The previous exemptions, implemented by Ronald Lamola, the Minister of Justice and Correctional Services, largely applied to small and medium-sized enterprises and came to an end on 1 January 2022. As such no entity is exempt from having the manual. 

The head of a private body and the information officer of a public one  must make the manual available:

  • on its website, if any;
  • at the head office of the public body and the principal place of business of the private body for public inspection during normal business hours;
  • to any person upon request and upon the payment of a reasonable amount; and
  • to the Information Regulator upon request.

A PAIA manual must not be confused with the Information Regulator’s PAIA guide which is published on the Regulator’s website in each official language to assist those who wish to exercise their rights in terms of PAIA. Information officers must keep a copy of the guide, in at least two of the official languages, at their registered head offices, for public inspection during normal office hours. The information officer must also make the guide available, at no charge, upon the written request of any person on a prescribed form.

In terms of PAIA, a head or information officer who wilfully or in a grossly negligent manner fails to comply with these provisions commits an offence and is liable, on conviction to a fine, or to imprisonment for a period not exceeding two years.

In addition, under the Regulations Relating to the Promotion of Access to Information, 2021, an information officer who wilfully or in a grossly negligent manner charges a fee other than the new prescribed in terms of the Regulations for a request to access a record in terms of PAIA, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.

While it is a criminal offense to not have a PAIA manual, to date, the Information Regulator has not issued any fines for non-compliance, however, it is within the Regulator’s rights to issue substantial fines for non-compliance.

ENSafrica can assist in the preparation of your PAIA manual. For assistance in preparing your PAIA manual, please contact:

 

Era Gunning

Banking and Finance | Executive

egunning@ENSafrica.com