The Justice Minister has once again exempted most organisations from having to compile a PAIA manual. The PAIA manual deadline has been extended, again. As we previously predicted, the Minister of Justice and Correctional Services has “decided to further exempt private bodies from compiling the Manual contemplated in section 51(1) of PAIA…”. The deadline has been extended for another routine 5-year period, and it comes into effect from 1 January 2016. The notice has been gazetted and the exemption ends on 31 December 2020.
How to determine whether you are exempt
- If you are in any of the industries listed in the “Industry” column below AND you have 50 or more employees, you need to compile a manual.
- If you are in any of the industries listed in the “Industry” column below AND your ANNUAL TURNOVER is equal to or more than amount in your respective industries “Threshold Turnover” column, you need to compile a manual.
- If both of the above apply, you need to compile a manual.
- If none of the above apply, you do not need to compile a manual
The new notice has increased the turnover threshold for all the industries.
|Mining and Quarrying||R22,5 million|
|Electricity, Gas and Water||R30 million|
|Retail and Motor Trade and Repair Services||R45 million|
|Wholesale Trade, Commercial Agents and Allied Services||R75 million|
|Catering, Accommodation and other Trade||R15 million|
|Transport Storage and Communications||R30 million|
|Finance and Business Services||R30 million|
|Community, Special and Personal Services||R15 million|
Is there still a PAIA Manual deadline?
The threshold increase means that some big organisations must submit a PAIA manual. This also means that you should not rush into making a shabby PAIA manual just to meet the deadline. Those who were previously exempt, will probably remain exempt and do not need a PAIA manual by law. Some organisations have never been exempt and they have always needed a PAIA manual.
Do you still need a PAIA manual?
- If you are a small organisation, you don’t.
- If you are a large organisation, you still do. We can draft a PAIA Manual for you.
- If you are in between, you need to check if you have 50 or more employees, or if your turnover is above the new threshold.