From 1 January 2022, all public and private bodies were required in terms of Sections 14 and 51 of PAIA to compile a manual on how to access their records. No public or private body is exempt, including sole proprietors, close corporations, private companies, and body corporates. Find out what a PAIA manual is, who needs one, how to get one and the penalty for not having one?
Until 31 December 2021, all private bodies were exempt from having a PAIA manual except for certain large private companies, personal liability companies, public companies, non-profit companies, and state-owned companies. Examples of those who were exempt are a sole proprietor, close corporation, body corporate, and most small to medium sized entities.
As from 1 January 2022, all public and private bodies are required in terms of Sections 14 and 51 of PAIA to compile a manual on how to access their records. No public or private body is exempt, including sole proprietors, close corporations, private companies, and body corporates.
The Information Regulator has published PAIA Guidelines and manual templates for both public and private bodies who want to publish their own manuals. You can complete the manual by following these links below to the PAIA Private Body and PAIA Public Body manuals. Alternatively, our in-house experts can draft a PAIA manual for you.
What to do with your PAIA manual once it is completed?
Your manual must be available on your website (if you have one) and be kept at your principal place of business. It does not have to be submitted to the Information Regulator or anyone else unless they request it.
What are the consequences for non-compliance?
The penalty for non-compliance with Section 51 is a fine or imprisonment of not more than two years (section 90 of PAIA).
If you need help compiling your PAIA manual or need more information, please contact Stephen Chapman on Stephen@privateclient.co.za or call 021 6711220.