Promotion of Access to Information Act (PAIA) – Manual exemption extension

On 18 December 2020, a Government Notice issued by the Minister for Justice and Correctional Service GG 44003, has once again exempted most organisations from having to compile a PAIA manual contemplated in section 51(1) of PAIA. However, for those businesses that are not exempt, the deadline for the compilation of a manual has been extended for a further six months, effective from 1 January 2021 to 30 June 2021.

How to determine whether you are exempt:

– If you are a private company in terms of the Companies Act and you are NOT in any of the industries or sectors listed in the “Industry or sector” column below, you don’t need to compile a manual.

-If you are a private company in any of the industries or sectors listed in the “Industry or sector” column below AND you have 50 or more employees, you need to compile a manual.

-If you are a private company are in any of the industries or sectors listed in the “Industry or sector” column AND your ANNUAL TURNOVER is equal to or more than the amount in your respective industries’ “Threshold Turnover” column, you need to compile a manual.

The notice has not increased the turnover threshold for the industries as the previous notice had. The industries that are quoted below are as per the notice in the gazette (below).

-Agriculture – R6 million

-Mining and Quarrying – R22,5 million

-Manufacturing – R30 million

-Electricity, Gas and Water – R30 million

-Construction – R15 million

-Retail and Motor Trade and Repair Services – R45 million

-Wholesale Trade, Commercial Agents and Allied Services – R75 million

-Catering, Accommodation and other Trade – R15 million

-Transport Storage and Communications – R30 million

-Finance and Business Services – R30 million

-Community, Special and Personal Services – R15 million