The Minister of Justice and Correctional Services has once again exempted most organisations from having to compile a PAIA manual. The Minister has decided to exempt certain private bodies “from compiling the Manual contemplated in section 51(1) of PAIA…”. However, the exemption has been extended for a shorter period than usual – for only six months, effective from 1 January 2021 to 30 June 2021. The notice has been gazetted and this means that the exemption ends on 30 June 2021. It has been extended again until 31 December 2021, after that every body needs a manual.

Why is the exemption period only for six months?

We don’t know for sure but it may be to align with the POPIA commencement date, and to transition the role and responsibilities of dealing PAIA from the SAHRC to the Information Regulator.

How to determine whether you are exempt

All private bodies are exempt from having a PAIA manual, except for certain companies. We suggest you check whether you are exempt. This notice has not increased the turnover threshold for the industries as the previous notice had.

Is there still a PAIA manual deadline?

The deadline is 31 December 2021. From 1 January 2022, every body must have a manual.

Actions you can take

What must you do with your 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.