What is PAIA All About?

The Promotion of Access to Information Act No. 2 of 2000 (PAIA) is designed to foster transparency and openness. It gives effect to the constitutional right of access to information held by both public and private entities. Essentially, PAIA establishes clear procedures for how individuals can request access to records in a speedy, inexpensive, and straightforward manner.

Every business in South Africa, whether public or private, is required to compile a PAIA Manual. This manual serves as a guide for the public, explaining:

• The postal and street address, phone number, and email address of the head of the entity.
• What records are available without needing to make a formal PAIA request.
• A description of the records the entity holds, which are available in accordance with any other legislation.
• The process for requesting access to records under PAIA.

The Link Between PAIA and POPIA

You might have also heard about the Protection of Personal Information Act (POPIA). POPIA has amended PAIA, expanding the scope of information that your PAIA Manual must cover. Specifically, your manual now needs to include details relating to how your business processes personal information.
If you had a PAIA Manual compiled before POPIA came into full effect, it’s crucial to update it to include these POPIA-related provisions.

Who Oversees PAIA?

Previously, the South African Human Rights Commission (SAHRC) was responsible for PAIA. However, since 30 June 2021, the Information Regulator has taken over these functions. For a comprehensive understanding, the Information Regulator's website offers a detailed "Guide on how to use the Promotion of Access to Information Act 2 of 2000."

Does Your Business Need a PAIA Manual?

Yes. While there were some exemptions for smaller private bodies in the past, these expired on 31 December 2021. As of 1 January 2022, every entity must have a PAIA Manual – there are no exceptions.

This includes:

• Sole proprietors
• Partnerships
• Private and public companies (local and foreign)
• Body corporates
• Close corporations
• Business trusts
• Even schools and churches

Public bodies, such as national and provincial government departments, municipalities, and parastatals (e.g., Eskom, Telkom), also fall under PAIA.

Submitting and Storing Your PAIA Manual

• Submission: Generally, you are not required to submit your PAIA manual to the Information Regulator unless they specifically request it.
• Availability: However, you must make your manual available:
  • On your business website (if you have one).
  • At your principal place of business.

If someone wishes to request access to information, they will need to complete the relevant forms, which can be found on the Information Regulator's website.

PAIA Manual vs. POPIA Manual: Clearing Up Confusion

There's often confusion about whether businesses need a separate "POPIA Manual." The answer is no. There is no such thing as a standalone POPIA Manual. The PAIA Manual is the required document, compiled under PAIA, which simply needs to be updated to include information related to the processing of personal information as mandated by POPIA.

Why Compliance Matters

It's important to take PAIA compliance seriously. Non-compliance, such as failing to have a PAIA Manual, is a criminal offence and could lead to fines or even imprisonment.

Annual Reporting Requirements

• Public Bodies: The Information Officer of every Public Body must annually submit a report to the Information Regulator detailing access to information requests received and processed.
• Private Bodies: Heads of Private Bodies (or their Deputy Information Officers) are also requested to submit an Annual Report to the Regulator about access to records requests received and processed.

Reporting Deadline for 2025

The window for submitting the annual report opens on 1 April 2025 and closes on 30 June 2025.

How to Submit the Annual Report

The Information Regulator has an online portal for these submissions. Key things to note:

• The report consists of online questions.
• The Regulator provides a guide on how to submit the report.
• The Information Officer of the entity must submit the report and must be registered to do so. Guidelines for registering an Information Officer are available on the Information Regulator's website.

Need Help with Your PAIA Compliance?

Understanding and implementing PAIA requirements can seem daunting. If you have questions about your PAIA Manual, updating it for POPIA, or navigating the annual reporting process, Tax Shop Accountants Riebeek Kasteel is here to assist.

Contact us today for guidance and support in ensuring your business meets its PAIA obligations.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with a qualified professional for advice tailored to your specific circumstances.