Section 51 of the Promotion of Access to Information Act (PAIA) is the cornerstone provision for private bodies. It sets out precisely what information must be included in a PAIA manual and places the legal obligation to compile and publish that manual squarely on the head of every private organisation operating in South Africa.
If your organisation has not yet compiled a Section 51 manual — or if the one you have was drafted years ago and has never been reviewed — this guide will walk you through every requirement so you can ensure full compliance.
What is Section 51 of PAIA?
Section 51 is the provision of PAIA that applies to private bodies. Its public-body equivalent is Section 14, which governs government departments and state-owned entities. Together, Sections 14 and 51 create the dual framework under which all South African organisations — public and private — are required to make their information-handling practices transparent.
A "private body" under PAIA means a natural person who carries on a trade, business, or profession; a partnership that carries on a trade, business, or profession; or any former juristic person or legal entity. In practical terms, this covers companies, close corporations, trusts, partnerships, sole proprietors, non-profit organisations, and associations. If your organisation does not fall within the definition of a "public body," you are a private body and Section 51 applies to you.
Who Must Comply with Section 51?
All private bodies must compile a manual in terms of Section 51. There is no longer any size-based exemption. Following the lapsing of the previous exemptions for certain private companies, every private body — regardless of its size, industry, turnover, or number of employees — must have a Section 51 manual.
This has been confirmed by the Information Regulator, which has made clear that all private bodies must appoint an Information Officer, compile a PAIA manual, and submit annual PAIA reports.
The Eight Key Requirements of a Section 51 Manual
Section 51(1) prescribes eight categories of information that must appear in your PAIA manual. Each is examined in detail below.
1. Contact Details of the Head of the Private Body
The manual must include the full name, physical address, postal address, telephone number, and email address of the head of the private body. Under PAIA, the head of a private body is automatically the Information Officer. This means the CEO, managing director, or sole proprietor in most organisations.
Important: If the Information Officer has registered a Deputy Information Officer (which is required under POPIA regulations), the deputy's contact details may also be included. However, the head's details are mandatory.
2. Description of the Structure and Functions of the Organisation
The manual must provide a description of the structure and functions of the private body. This does not require a comprehensive organisational chart, but it should give a reader sufficient understanding of what the organisation does and how it is structured — for example, its principal business activities, its legal structure, and the main functional areas or departments.
3. Categories of Records Held
One of the most substantive sections of the manual is a description of the categories of records held by the organisation. You are not required to list every individual file, but you must describe the types of records — broadly categorised by function.
Common categories include:
• Human resources records (employment contracts, payroll, performance reviews)
• Financial records (invoices, bank statements, tax returns, management accounts)
• Client and customer records (contracts, correspondence, service records)
• Supplier and vendor records
• Intellectual property records (trademarks, patents, licences)
• Corporate governance records (minutes, resolutions, share registers)
• Regulatory compliance records (licences, permits, filings)
• Marketing and communications records
• IT and data processing records
4. Description of Automatically Available Records
Section 52 of PAIA allows a private body to voluntarily make certain categories of records available to the public without requiring a formal request. Where a private body has exercised this right, the manual must describe those records and how they can be accessed.
Even where a private body has not proactively published records under Section 52, the manual should address this and note which records (if any) are available without a formal request.
5. Request Procedure and Prescribed Forms
The manual must explain the procedure a person must follow to submit a formal PAIA request. This includes:
• The prescribed form to be used (Form C — available on the Information Regulator's website)
• Where the completed form must be submitted (physical address, postal address, or email)
• The request fee payable at the time of submission
• The process the organisation will follow in processing the request, including the 30-day response timeline
6. Access Fees
The PAIA Regulations prescribe specific fees for PAIA requests. The manual must set out the applicable fees, including the request fee (currently R50 for most requests) and the reproduction fees (for example, R1.10 per A4 page for printed documents, R40 per CD or DVD, and so on). The actual fee schedule is contained in the PAIA Regulations and your manual should reference and incorporate these prescribed fees.
7. Grounds for Refusal
PAIA contains a detailed set of grounds on which a private body may refuse access to records. These include mandatory protection grounds (which require refusal) and discretionary grounds (which permit refusal). Your manual must reference the sections of PAIA that are relevant to the types of records your organisation holds.
Key refusal grounds under PAIA for private bodies include:
• Protection of privacy of a third party (Section 63)
• Commercial information of a third party (Section 64)
• Confidential information of a third party (Section 65)
• Safety of individuals (Section 66)
• Commercial information of the private body itself (Section 67)
• Research information (Section 69)
8. Remedies Available to a Requester
The manual must describe the remedies available to a requester who is not satisfied with the outcome of their request. Under PAIA, a person whose request is refused may apply to a court for relief. The manual should also reference the ability to approach the Information Regulator with a complaint if a private body fails to comply with its obligations.
Section 51 and POPIA: The Combined Manual Approach
Since the Protection of Personal Information Act (POPIA) came into full effect in July 2021, the Information Regulator oversees both PAIA and POPIA. POPIA requires organisations to process personal information lawfully and to be accountable for their data processing activities.
Many South African organisations now compile a combined PAIA and POPIA manual. This approach addresses the Section 51 requirements of PAIA and the accountability obligations under POPIA in a single document. While PAIA does not require this combination, it is practical, cost-effective, and demonstrates a comprehensive approach to information governance.
A combined manual typically includes the standard PAIA Section 51 content plus additional sections on the organisation's data processing activities, data subjects' rights under POPIA, the role of the Information Officer in relation to POPIA, and how individuals can submit POPIA-related complaints or requests.
How to Make Your PAIA Manual Available
Section 51(3) requires that the manual be available for inspection during normal office hours at the organisation's offices, and that a copy be available for purchase at a fee not exceeding the prescribed amount.
In practice, most organisations publish their PAIA manual on their website — this is the most accessible and practical approach and is encouraged by the Information Regulator. Publishing online is free, immediately accessible, and demonstrates good faith compliance.
If your organisation does not have a website, the manual must at a minimum be available in hard copy at your principal place of business during office hours.
Common Section 51 Compliance Mistakes
Based on common non-compliance patterns, the following are the most frequent mistakes organisations make with their PAIA manuals:
• Using an outdated template that predates the 2021 POPIA amendments
• Failing to include the Information Officer's current, correct contact details
• Describing records in vague or generic terms rather than the specific categories held by the organisation
• Omitting the prescribed fees schedule
• Not updating the manual after a change in personnel, structure, or business activities
• Failing to make the manual publicly available on the website or at the office
• Using a template drafted for another company without customising it for the organisation
Conclusion
Section 51 of PAIA creates clear, mandatory obligations for every private body in South Africa. The content requirements are specific, and a generic or outdated template is unlikely to meet them all. Given the enforcement posture of the Information Regulator and the criminal penalties available under PAIA, taking the time to get your Section 51 manual right is a sound legal and business priority.