1. The Great Exemption Myth: What You Need to Know Now
For many years, the Minister of Justice and Correctional Services granted temporary exemptions to most private bodies from the obligation to compile and maintain a PAIA manual. These exemptions were a huge relief for small businesses and were based on criteria such as:
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The company's annual turnover.
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The number of employees.
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The industry in which the business operated.
However, this temporary reprieve officially lapsed on 31 December 2021. The Information Regulator, which now oversees PAIA, has made it abundantly clear that this was the final exemption. From 1 January 2022 onwards, the legal requirement to have a manual applies to all private bodies without exception. Searching for old exemption thresholds will only lead you to incorrect information.
2. Juristic Persons: No Exemptions
The idea of juristic person exemptions from PAIA is no longer relevant. If your business is a juristic person, you must have a PAIA manual. This includes:
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Private companies (Pty) Ltd
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Close Corporations (CCs)Non-profit companies (NPCs)
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Partnerships
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Trusts
This universal mandate applies regardless of the size, turnover, or nature of your juristic person. A small two-person start-up has the same legal obligation as a large, multi-national corporation
3. The Only Remaining "Exemption": The Natural Person Rule
The only true exemption from having a PAIA manual is for a natural person who is not carrying on a business, profession, or occupation.
PAIA defines a private body as a natural person who conducts a business, profession, or occupation. This means if you are a sole proprietor, freelancer, or consultant, you are a private body and are legally required to have a manual. A person who is not engaged in any business activity is the only person who is truly exempt
4. The Crucial Distinction: Compiling vs. Submitting
A common point of confusion is the difference between making a manual and submitting one.
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You are still required to compile a manual. Failure to do so is a criminal offense under PAIA.
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You are no longer required to submit the manual to the Information Regulator. You must, however, make it readily available at your business premises and on your website (if you have one).
This change simplifies the administrative burden but does not remove the fundamental legal obligation to create the manual.