Legal Requirements for PAIA Manual Compilation
Updated: | 5 min read
Section 51 of the Promotion of Access to Information Act, 2 of 2000 makes it compulsory for the head of every private body to compile a manual and make it available for public inspection. But who exactly qualifies as a private body that must comply with these requirements?
Key Takeaway
A "private body" includes natural persons conducting trade/business/profession, partnerships, and ALL juristic persons - regardless of size, turnover, or number of employees.
Definition of a Private Body
Under the PAIA, a "private body" is defined as any of the following entities:
- (a) A natural person who carries or has carried on any trade, business or profession, but only in such capacity
- (b) A partnership which carries or has carried on any trade, business or profession
- (c) Any former or existing juristic person
Natural Persons and Partnerships
The Critical Question
For natural persons and partnerships, the determining factor is: "Are you carrying on any trade, business or profession?"
While this question is easily answered in most cases, more unusual circumstances require careful analysis. Consider the following definitions from the English Oxford Dictionary:
Trade
- The action of buying and selling goods and services
- Job requiring manual skills and special training
- People engaged in a particular area of business
Business
- A person's regular occupation, profession, or trade
Profession
- Paid occupation, especially one involving prolonged training and formal qualification
No Exemptions
There are no exemptions granted to any natural person or partnership from the requirements to compile and file a manual. This means that no matter how small the business, trade or profession concerned and irrespective of turnover or number of employees, both are obliged to comply.
Juristic Persons
The following entities are recognised as juristic persons under South African law:
General Enabling Enactments
- Companies
- Close corporations
- Banks
- Co-operatives
- Trusts
Special Legislation
- Universities
- Public corporations (e.g., SABC)
- Political parties
- Trade unions
- Churches (in certain circumstances)
Churches as Juristic Persons
A church will be considered a juristic person if that particular church, or the congregation of the church, has been entrusted with legal personality and, as a distinct entity:
- Has rights and obligations and can own property
- Has the capacity to enter into legal transactions and to sue and be sued in its own name
Universal Obligation for Juristic Persons
There are no exemptions granted to any juristic person from the requirements to compile and file a manual.
This means that regardless of the size of the business, trade or profession being conducted by the close corporation or company concerned, and irrespective of turnover or number of employees, every juristic person is obliged to compile and file a manual . Even former companies, close corporations, and dormant organisations must comply.
Practical Examples
| Entity Type | Examples | Must Compile Manual? |
|---|---|---|
| Natural Person | Freelance consultant, wedding photographer, electrician | Yes |
| Partnership | Law firm, accounting practice, medical practice | Yes |
| Small Company | 1-person Pty Ltd, family business, startup | Yes |
| Large Corporation | Listed companies, multinational corporations | Yes |
| Dormant Entity | Inactive company, closed business | Yes |
Key Compliance Points
Size Doesn't Matter
No matter how small your business, trade or profession, you must comply if you fall within the definition of a private body.
Revenue Irrelevant
Turnover and number of employees are not factors in determining whether you must compile a manual.
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