From 1 January 2022, no body is exempt from having a PAIA Manual. Don’t bother to check whether you were exempt. We can help you determine if you need a comprehensive or lean one by assessing your organisation’s public interest score. If you have a high public interest score, you need to consider more than just your PAIA manual, so you should join our access to information programme.
This page is of purely historical significance.
Until 31 December 2021, all private bodies were exempt from having a PAIA manual, except for:
- certain large private companies ((Pty) Ltd),
- personal liability companies (Inc),
- public companies (Limited),
- non-profit companies (NPC), and
- state-owned company (SOC).
Examples of those who were exempt are a sole proprietor, close corporation (CC), body corporate, common law association (like a homeowners association), private school, private university, and most small and medium-sized enterprises (SMEs).
Examples of those who were not exempt are a law firm registered as an Inc, a non-profit (some schools and homeowners associations (HOAs)) and Eskom.
The exemption has expired
People used to use the self-assessment below to find out whether they were exempt or not, but now no one is exempt so there is no point in doing it.
Remember: No body is now exempt
Old PAIA manual exemption self-assessment
This helped organisations determine whether they were exempt before 31 December 2021. From 1 January 2022, there is no longer any exemption so don’t work through this self-assessment.
A public body is:
- any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government, or
- any other functionary or institution when:
- exercising a power or performing a duty in terms of the Constitution or a provincial constitution, or
- exercising a public power or performing a public function in terms of any legislation.
For example, the National Department of Health (NDOH), the Department of Home Affairs, CIPC and the Information Regulator.
In contrast, a private body is:
- a natural person who carries or has carried on any trade, business or profession, but only in such capacity,
- a partnership which carries or has carried on any trade, business or profession, or
- any former or existing juristic person.
For example, a company, sole proprietor, trust, and close corporation (CC).
Possible answers:
- If yes, the law requires your organisation to have a PAIA manual.
- If no, it is a private body, move on to the next question.
A company is essentially a juristic person registered in terms of the Companies Act 2008. They are a private company ((Pty) Ltd), personal liability company (Inc), public company (Limited), non-profit company (NPC) and state-owned company (SOC). You can read more about the five different types of companies in South Africa.
A private body that is not a company includes a sole proprietor, common law association, trust or CC.
Possible answers:
- If yes, move on to the next question.
- If no, you don’t need a PAIA manual. You’re exempt.
A private company has a name ending in (Pty) Ltd – Proprietary Limited.
A company that is not a private company is a personal liability company (Inc), public company (Limited), non-profit company (NPC) and state-owned company (SOC). You can read more about the five different types of companies in South Africa.
Possible answers:
- If yes, move on to the next question.
- If no, the law requires your organisation to have a PAIA manual.
The prescribed industries
The notice in the gazette prescribes the major divisions of the industries or sectors. This is all that the notices give us so you might struggle to determine which industry your organisation falls into. What makes it harder is that the major divisions of industries or sectors in the notice are roughly based on version 5 (maybe version 4) of the Standard Industrial Classification (SIC) Coding System (aka SIC Coder). In October 2012, the SIC Coder was updated to version 7 but the minister did not update the industries or sectors in the exemption notices of 2015 and 2020 to bring them inline with version 7. You can read more about the history of International SIC and SIC codes. The United Nations seems to have moved away from them. You can find a full list of the SIC codes (presumably based on version 7) on the SARS website.
To determine whether your private company falls into one of the industries below, we suggest you refer to version 5 of the SIC Coder because this is the one the notice uses. There is, unfortunately, no other guidance. You’ll just have to pick the one that is closest to your industry.
- Agriculture
- Mining and Quarrying
- Manufacturing
- Electricity, Gas and Water
- Construction
- Retail and Motor Trade and Repair Services
- Wholesale Trade, Commercial Agents and Allied Services
- Catering, Accommodation and other Trade
- Transport, Storage and Communications
- Finance and Business Services
- Community, Special and Personal Services
Many people ask us what is the “finance and business services” major division? See the explanation of the South African Embassy in the Kingdom of the Netherlands or Wesgro.
Other industries
There are many other industries that are not on the list above. If you’re not sure whether your private company falls into one of the major divisions of industries or sectors above, it might help to look at the list of other industries or sectors that are not on this list by using the SARS website or version 7.
Examples of industries that, in our view, are not included:
- Hunting, forestry and fishing
- Insurance
- Information and communication
- Real estate activities
- Professional, scientific and technical activities
- Administrative and support service activities
- Public administration and defence; compulsory social security
- Education
- Human health and social work activities
- Arts, entertainment and recreation
An IT company, body corporate, private school and private university are exempt.
Possible answers:
- If yes, move on to the next question.
- If no, you don’t need a PAIA manual. You’re exempt.
This is both employees and deemed employees.
Possible answers:
- If yes, the law requires your organisation to have a PAIA manual.
- If no, move on to the next question.
| Major division of industry or sector | Turnover Threshold |
| Agriculture | R6 million |
| Mining and Quarrying | R22,5 million |
| Manufacturing | R30 million |
| Electricity, Gas and Water | R30 million |
| Construction | R15 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 |
Possible answers:
- If yes, the law requires your organisation to have a PAIA manual.
- If no, you don’t need a PAIA manual yet. You’re exempt until 31 December 2021.
Useful resources
- Regulator media statement stating that from 1 January 2022 there is no exemption
- The SAHRC guidance on the Submission of a manual (outdated but good)
- The SAHRC guidance note on the Submission of a manual (outdated but good)
- Notice 39504 (December 21015) and notice 44003 (December 2020)