Do you need an Access to Information manual? What is it anyway? The Promotion of Access to Information Act (PAIA) says that all public and private bodies in South Africa need to create a manual that contains, amongst other things:

  • 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.
  • Various information related to the Protection of Personal Information Act.
  • Additions as described in the PAIA Regulations.
  • Such other information as may be prescribed by the Minister.

What is the Access to Information Manual deadline?

The Access to Information Manual deadline is 1 January 2022. Some bodies are currently exempt up until 31 December 2021 but from 1 January 2022, everybody needs to have an Access to Information Manual.

Are you currently exempted?

All private bodies are currently exempt from having an Access to Information manual until 31 December 2021, except for certain companies. From 1 January 2022, no one will be exempt.

A record of your processing activities

In South Africa, section 17 of POPIA requires a responsible party to maintain a record of all processing operations (or activities or functions) under its responsibility in an Access to Information manual. This means that POPIA requires you to provide additional information in your Access to Information manual.

Actions you can take

  • If you already have a PAIA manual, ensure it is up-to-date by asking Michalsons to review it to ensure compliance with the latest laws, including POPIA and the PAIA Regulations.
  • Comply with your legal obligation of having a PAIA Manual for your organisation by asking Michalsons to draft a PAIA manual for your specific organisation. Enquire on the right or enquire now.
  • Comply with PAIA by:
    1. joining our access to information programme.
    2. asking Michalsons to do it for you.

What must you do with your Access to Information manual?

Your manual needs to be available on your website (if you have one) and at your principal place of business. You don’t need to send your manual to the Information Regulator unless they request it. You don’t need to submit it to anyone.

Why do it?

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