Most Read Contributor in South Africa, September 2016
Section 51(1) of the Promotion of Access to Information Act 2 of
2000 ("PAIA") requires all private
bodies to compile and make available an information manual as
further detailed in PAIA.
Section 51(4) of PAIA authorises the Minister of Justice and
Constitutional Development ("the
Minister") to exempt any private body or category of
private bodies from any provision of section 51 for such period as
the Minister thinks fit.
In 2011, the Minister published a notice (GN 1091 of 30 December
2011: Exemption of private bodies from compiling manual (Government
Gazette No. 34914)) exempting certain private bodies from compiling
a manual. The exemption only applies until 31 December
2015. As of 1 January 2016, ALL private companies will be required
to have a PAIA manual.
Penalties for non-compliance with section 51 are a fine or
imprisonment not exceeding two years (section 90 of PAIA).
Currently, private bodies that are not exempted in terms of the
notice, fall into two categories; namely, those which (a) operate
in specific sectors, with 50 or more employees; or (b) operate in
specific sectors and have an annual turnover equal to, or
exceeding, specific amounts. The particular sectors and turnover
amounts are listed below:
Electricity, gas and
Retail and motor trade
and repair services
commercial agents and allied services
and other trade
Transport, storage and
Finance and business
Community, special and
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