In June 2021, the Minister of Justice and Correctional Services once again exempted all private bodies (except for certain companies) from having a PAIA manual until 31 December 2021. The exemption is only six months, effective from 1 July 2021 to 31 December 2021. The notice will be gazetted but we’re not sure when. After that, there will be no further exemptions and everybody needs to have a manual. The regulator has made it clear in its media statement that this is the final exemption.

Every public and private body has to have a manual by 1 January 2022

Why is the exemption period only for six months?

It is to give private bodies time to draft a manual and put it on their website or have it available at their principal place of business.

How to determine whether you are exempt

All private bodies are exempt from having a PAIA manual (except for certain companies) until 1 January 2022. But remember that from 1 January 2022 nobody will be exempt so why not just do it now? Don’t bother to check the exemption.

Is there still a PAIA manual deadline?

Yes, there is a PAIA deadline – it is 31 December 2021.

Actions you can take

  • Use our public interest self-assessment to determine if you are a low or high public interest organisation.
  • If you are a high public interest organisation, join our programme to help you comply with PAIA.
  • Ask us to review or draft a PAIA manual for you to comply with the latest law including POPIA and the PAIA Regulations.
  • Comply with PAIA by asking Michalsons for other assistance.

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.