PAIA Manual

Section 51(1) of the Promotion of Access to Information Act (PAIA) says private bodies (this includes sole proprietors!) need to create a ‘manual’ that contains:

• the postal and street address, phone and fax number and, if available, e-mail address of the head of the body;
• a description of, and how to obtain access to, a guide on how to use the Act to get information from bodies;
• What records are available to an interested party without having to request access in terms of PAIA;
• a description of the records of the body which are available in accordance with any other legislation;
• how to request records from the body in terms of the Act; and
• such other information as may be prescribed by the Minister.

Regulations to the Act have stated that this manual needs to be available on the bodies website (if it has one).

This manual also needs to be submitted to the South African Human Rights Council.

as of 1 Jan 2016 ALL private bodies will need a PAIA manual

Certain private bodies are exempted (to see if you are exempted look at the section below).  However the exemption is only temporary and as of 1 Jan 2016 ALL private bodies will need a PAIA manual, unless the exemption period is extended again (so far this exemption has been extended twice, once in 2006 and again in 2012).

Why do it?

It is a criminal offence not to submit a PAIA manual if you are required to do so, and you could face some hefty fines if you do not comply. Currently the SAHRC is not issuing fines for non-compliance, but whether this will remain the case is unknown.

Exempted?

How to use the Table

• If you are in any of the industries listed in the “Industry” column AND you have 50 or more employees, then you need to compile a manual.
• If you are in any of the industries listed in the “Industry” column AND your ANNUAL TURNOVER  is equal to or more than amount in your respective industries “Threshold Turnover” column, then you need to compile a manual.
• If none of the above apply, then you do not need to compile a manual
• Remember the exemption only lasts until 31 December 2015.

Drafting your PAIA Manual

If you need to compile a manual but need some assistance in doing so, why not contact us for assistance ?

Tags: access to information, manual, PAIA