In terms of the Promotion of Access to Information Act, No 2 of 2000, all private entities are obliged to prepare a manual that will describe the type of records that they hold and the way in which those records may be accessed.
This is an onerous task for small or low income entities and certain categories of businesses were exempt when the Act first came into force.
The Minister of Justice extended the exemption for preparation and submission of PAIA manuals on December 31 2011 (GN 1091).
Private companies are exempted from preparing a manual until 31 December 2015 except any company which-:
- Is not a private company as defined in section 1 of the Companies Act No. 71 of 2008; and
- Is a private company as defined in section 1 of the Companies Act No.71 of 2008 which:
- Operates in the sectors listed in the columns below and having more than 50 employees or
- Has a total annual turnover that is equal to or more than the amount mentioned in column 2.
|SECTOR||EMPLOYEES||ANNUAL TURNOVER in millions ZAR|
|Agriculture||50 or more||2|
|Mining and Quarrying||50 or more||7|
|Manufacturing||50 or more||10|
|Electricity, Gas, Water||50 or more||10|
|Construction||50 or more||5|
|Retail, Motor Trade and Repair Services||50 or more||15|
|Wholesale Trade, Commercial Agents, and Allied Services||50 or more||25|
|Catering, Accommodation and other Trade||50 or more||5|
|Transport, Storage and Communications||50 or more||10|
|Financial and Business Services||50 or more||10|
|Community, Special and Personal Services||50 or more||5|
Please contact us if you require clarification.