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Last Updated Friday, June 17, 2016 02:35:40 PM

 

       
 

The Promotion of Access to Information Act (“PAIA”), No 2 of 2000 gives effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights.

PAIA gives the requester a right to lodge a request from the information officer of a public or private body.

PAIA requires all private and public bodies to prepare a PAIA manual.

The Department of Justice and Constitutional Development extended the exemption for certain private companies to compile a manual, which lapsed on 31 December 2011. Private companies operating in certain sectors has now been exempted from submitting a manual until 31 December 2015, but the companies still have to comply with the  rest of the Act. This exemption states that private companies with less than 50 employees or with a turnover of less than the amounts stipulated in the Schedule in the Notice will be exempt from compiling the PAIA manual until 31 December 2015. Please refer to the Government Notice for the detail.

Further Exemption

he Minister of Justice has by Government Notice No. 39504, published on 11 December 2015, further exempt certain private bodies from compiling the manual contemplated in section 51(1) of the first mentioned Act for a period of five years from 1 January 2016. This exemption states that private companies with less than 50 employees or with a turnover of less than the amounts stipulated in the Schedule in the Notice will be exempt from compiling the PAIA manual until 31 December 2020. Please refer to the Government Notice for the detail.

If your private body falls within the exemption and a manual has already been prepared in terms of Section 51 of PAIA, please note that there is no need to submit the manual to the Commission. The Commission do however strongly encourage entities to upload the manual on their website and ensure that same is available at the relevant office/s for public inspection.

Information:

  • Overlap of the PAIA and the Companies Act (70Kb PDF)
  • Example on how to compile a PAIA guide(35Kb PDF)
  • Request for access to records of private body – Form C to be appended to manual (21Kb DOCX)
  • 2014 Guide on How to Use the Promotion of Access to Information Act 2 0f 2000 (2MB PDF)
  • 2015 Article on PAIA requirements (70Kb PDF)
  • 11 December 2015 – Summary of further exemption of certain private bodies from compiling a manual (234KB PDF)

Legislation:

Acts

  • Promotion of Access to Information Act, No 2 of 2000 (900Kb PDF)

Please visit the Contemporary Gazette page for access to a legal database

Regulations and notices

  • 15 February 2002 Government Gazette No 23119 ‐ Regulations regarding Promotion of Access to Information including fees for request of records (821Kb PDF)
  • 31 August 2005 Government Gazette No 27988 - Exemptions of private companies (208Kb PDF)
  • 30 December 2011 Government Gazette No 34914 – Exemption of certain private bodies from compiling a manual (109Kb PDF)
  • 11 December 2015 Government Gazette No 39504 - Exemption of certain private bodies from compiling a manual (182Kb PDF)
 
     
 
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