Page 24 - EngineerIt July 2021

POPIA LEGAL OPINION

To compile a PAIA manual or not to compile

a PAIA manual? ... that is the question!

By Peter Grealy, Nozipho Mngomezulu, Wendy Tembedza and Karl Blom from Webber Wentzel

Certain entities are exempt from compiling a PAIA manual until 31 December 2021, but this depends
on various factors, such as the type of entity, the sector in which the entity operates and the entity’s
total annual turnover or number of employees.

he right of access to information is a Sector Total Annual Turnover Number of Employees
fundamental human right entrenched
Tin South Africa’s Constitution. The Agriculture ZAR6 million 50 employees
Promotion of Access to Information Act, 2000 Mining and Quarrying ZAR22.5 million 50 employees
(PAIA) was enacted to give effect to this right. Manufacturing ZAR30 million 50 employees
Before 30 June 2021, the South African Human Electricity, Gas and Water ZAR30 million 50 employees
Rights Commission (SAHRC) was mandated to Construction ZAR15 million 50 employees
oversee compliance with PAIA. This mandate Retail, Motor Trade and Repair Services ZAR45 million OR 50 employees

was transferred to the Information Regulator on Wholesale Trade, Commercial Agents and Allied Services ZAR75 million 50 employees
30 June 2021, when the Protection of Personal
Information Act, 2013 (POPIA) became effective. Catering, Accommodation and other Trade ZAR15 million 50 employees
PAIA enables a person to access information Transport, Storage and Communications ZAR30 million 50 employees
held by a public or private body. This includes Finance and Business Services ZAR30 million 50 employees
an obligation on each public and private body to Community, Special and Personal Services ZAR15 million 50 employees
compile a manual containing certain prescribed
information about it. This manual is commonly Which private bodies are not exempt from compiling a PAIA manual?
referred to as a “PAIA manual”. All other private bodies (i.e., not listed above) must compile a PAIA manual as soon as
Some private bodies have historically been possible. This includes:
exempted from compiling and publishing a PAIA • Private companies (as defined in the Companies Act, 2008) that operate in the
manual. The Minister of Justice and Correctional above-mentioned sectors, but are larger businesses i.e.:
Services has again exempted certain private - their turnover is either equal to or more than the corresponding amounts listed
bodies from compiling and publishing a PAIA above (under “Total Annual Turnover”); or
manual following the implementation of POPIA. - the number of employees in their employment is equal to or more than the
This exemption expires on 31 December 2021. corresponding number listed above (under “Number of Employees”).
The Information Regulator has stated that this is • Other types of companies e.g. personal liability companies and public companies.
the final exemption that will be granted, and that
from 1 January 2022, all public and private bodies Are you required to submit your PAIA manual to the Information
(including those exempted, as set out below) must Regulator?
have compiled and published a PAIA manual. No, unless the Information Regulator requests it. You must, however, make it
available:
Which private bodies are exempt from compiling • on your website;
a PAIA manual until 31 December 2021? • if you are a private body, at your principal place of business, or, if you are a public
• Sole proprietors body, at your head office, for inspection during normal business hours; and
• Partnerships • to any person that requests it and pays a reasonable amount. n
• Political parties
• Private companies (as defined in the
Companies Act, 2008) which:
- operate in one of the sectors listed
below; and
- generate an amount less than the
corresponding total annual turnover
listed below or employ fewer than the
corresponding number of employees
listed below. Peter Grealy Nozipho Mngomezulu Wendy Tembedza Karl Blom

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