Send us an email

+27 (0)21 200 0770

+27 (0)21 712 8661

PAIA manual deadline exemption – does the exemption apply to you?

by Diana Wylie

In terms of the Promotion of Access to Information Act, No 2 of 2000, all private entities are obliged to prepare a manual that will describe the type of records that they hold and the way in which those records may be accessed.

This is an onerous task for small or low income entities and certain categories of businesses were exempt when the Act first came into force.

The Minister of Justice extended the exemption for preparation and submission of PAIA manuals on December 31 2011 (GN 1091).

Private companies are exempted from preparing a manual until 31 December 2015 except any company which-:

  1. Is not a private company as defined in section 1 of the Companies Act No. 71 of 2008; and
  1. Is a private company as defined in section 1 of the Companies Act No.71 of 2008 which:
    1. Operates in the sectors listed in the columns below and having more than 50 employees or
    2. Has a total annual turnover that is equal to or more than the amount mentioned in column 2.
SECTOR EMPLOYEES ANNUAL TURNOVER in millions ZAR
Agriculture 50 or more 2
Mining and Quarrying 50 or more 7
Manufacturing 50 or more 10
Electricity, Gas, Water 50 or more 10
Construction 50 or more 5
Retail, Motor Trade and Repair Services 50 or more 15
Wholesale Trade, Commercial Agents, and Allied Services 50 or more 25
Catering, Accommodation and other Trade 50 or more 5
Transport, Storage and Communications 50 or more 10
Financial and Business Services 50 or more 10
Community, Special and Personal Services 50 or more 5

 

Please contact us if you require clarification.

9 January, 2012

**Please note that these comments are summarised, may not be applicable to your particular situation and do not constitute legal advice. Please consult your legal professional should you wish to obtain a formal legal opinion.**