Almost all laws in South Africa require you to hold records. Some laws state that you have to hold these records for a certain period. Knowing the laws that require you to hold records is important. You have to include this information in your PAIA manual. Here is a list of the main laws that require holders of information to hold records. This is not an exhaustive list as there may be additional laws that apply to your organisation. You have to make sure to include all the laws that apply to you in your own PAIA manual.

Subject and category of laws that require us to hold records

Anti-corruption and organised crime

  • Prevention & Combating of Corrupt Activities Act 12 of 2004
  • Prevention of Organised Crime Act 121 of 1998
  • Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004

Communications and IT

  • Electronic Communications Act 36 of 2005
  • Electronic Communications and Transactions Act 25 of 2002
  • Financial Intelligence Centre Act 38 of 2001
  • Regulation of Interception of Communications and Provision of Communication related Information Act 70 of 2002

Compliance and Corporate Governance

  • Companies Act 71 of 2008
  • Competition Act 89 of 1998

Copyright, Intellectual Property and Trademarks

  • Copyright Act 98 of 1978
  • Intellectual Property Laws Amendment Act 38 of 1997
  • Intellectual Property Laws Amendment Act 28 of 2013
  • Trade Marks Act 194 of 1993

Finance

  • Income Tax Act 58 of 1962
  • Insolvency Act 24 of 1936
  • National Credit Act 34 of 2005
  • Tax Administration Act 28 of 2011
  • Value Added Tax Act 89 of 1991

General

  • Consumer Protection Act 68 of 2008
  • Prescription Act 18 of 1943
  • Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
  • Promotion of Access to Information Act, No 2 of 2000
  • Protection of Personal Information Act 4 of 2013

Human Resources

  • Basic Conditions of Employment Act 75 of 1997
  • Broad Based Black Economic Empowerment Act 53 of 2003
  • Compensation for Occupational Injuries and Disease Act 130 of 1993
  • Employment Equity Act 55 of 1998
  • Labour Relations Act 66 of 1995
  • Occupational Health and Safety Act 85 of 1993
  • Protected Disclosures Act 26 of 2000
  • Skills Development Act 97 of 1998
  • Skills Development Levies Act 9 of 1999
  • Unemployment Insurance Act 63 of 2001
  • Unemployment Insurance Contributions Act 4 of 2002