PAIA Manuals in South Africa: Why Your Business Needs One (and What It Must Include)

South African businesses operate in a regulatory environment that increasingly demands transparency, accountability and lawful handling of information. One of the most overlooked, but legally important, compliance requirements is the PAIA Manual.

A properly drafted PAIA Manual is more than a “tick-box document”. It forms part of your business’ legal compliance framework and demonstrates that your organisation understands and meets its duties under South African law.

At Barter McKellar, we assist businesses with drafting and updating PAIA Manuals that are legally compliant, practical and aligned with the broader privacy and information governance framework in South Africa.

What Is a PAIA Manual?

A PAIA Manual is a document required under the Promotion of Access to Information Act 2 of 2000 (PAIA). It sets out how members of the public can request access to certain records held by a private body (such as a company, partnership, trust, NPO or sole proprietor business).

In simple terms, your PAIA Manual tells people:

• what types of records your business holds;

• how to request access to records; and

• who to contact within your organisation.

PAIA gives effect to the constitutional right of access to information and creates a legal process for requesting records held by public and private bodies.

Why Does a Business in South Africa Need a PAIA Manual?

1. It Is a Legal Requirement for Private Bodies

Many businesses assume PAIA only applies to government departments. That is incorrect.

PAIA also applies to private bodies and businesses are required to publish a PAIA Manual in the prescribed form. This includes most:

• companies

• close corporations

• trusts

• partnerships

• non-profit organisations

• professional firms and service providers

Having a PAIA Manual in place is part of your legal compliance obligations and demonstrates that your business is properly governed and administratively prepared.

2. PAIA Manuals Support POPIA Compliance

PAIA compliance is closely linked to privacy compliance under the Protection of Personal Information Act 4 of 2013 (POPIA).

While PAIA governs access to information, POPIA governs the lawful processing and protection of personal information.

A well-prepared PAIA Manual supports your POPIA governance by showing:

• your organisation has a structured approach to record requests;

• you have internal procedures for handling information lawfully;

• your business understands how personal information must be protected; and

• you can respond correctly when records include confidential or personal data.

In practice, businesses are expected to treat PAIA and POPIA compliance as part of an overall information management framework.

3. It Protects Your Business from Unlawful or Abusive Requests

Information requests can affect your business operations, relationships, and confidentiality obligations. Without a PAIA Manual and proper internal process, your team may:

• disclose sensitive information incorrectly;

• miss lawful deadlines;

• fail to follow the required procedure; or

• respond in a way that triggers unnecessary risk.

A PAIA Manual helps your business manage requests properly, ensuring that:

• only legitimate requests are processed;

• confidential information remains protected;

• your business responds in a consistent and legally defensible way.

4. It Builds Credibility with Clients, Funders and Partners

In many industries, your compliance documentation is increasingly scrutinised. Clients and institutions may require proof of compliance before onboarding suppliers or signing contracts.

A PAIA Manual can help demonstrate governance maturity when dealing with:

• corporate customers

• banks and funders

• large suppliers

• regulated industries and compliance-driven environments

• public sector procurement and tender processes

For many businesses, the PAIA Manual is a “must-have” document in commercial due diligence.

5. It Supports Internal Record-Keeping and Business Continuity

A PAIA Manual is not only for external compliance, it also helps businesses understand what records they hold and where they are stored.

A properly prepared manual supports:

• better internal information management

• clear identification of record categories

• improved administrative procedures

• continuity when staff change

• structured accountability for record requests

In an era where data is one of your business’ most valuable assets, managing it correctly is essential.

What Must a PAIA Manual Include?

PAIA Manuals must be drafted in line with prescribed requirements and typically include:

• business details (name, registration, physical and postal address)

• contact details of the information officer

• types of records held by the business (record categories)

• information available automatically (if applicable)

• request procedure and required forms

• fees payable for access requests

• grounds on which access may be refused

• remedies available to requesters

A generic template copied from the internet may leave out key items, include outdated forms or fail to properly align with your business’ operational realities.

Which Businesses Need a PAIA Manual?

Most South African businesses qualify as private bodies and should have a PAIA Manual in place, including businesses in sectors such as:

• financial services

• energy and infrastructure

• property and construction

• technology and software services

• medical and healthcare services

• recruitment and HR

• professional services and consulting

• retail, manufacturing and logistics

Even small businesses often hold records that can be requested under PAIA, particularly where they deal with customers, employees, suppliers or personal information.

Common Mistakes Businesses Make with PAIA Manuals

Many organisations have PAIA Manuals that are technically “in place” but not practically usable or compliant. Common issues include:

• using outdated templates

• omitting required POPIA-linked details

• not appointing the correct information officer

• incorrect request procedures

• failing to update the manual as the business grows

• listing record categories that do not reflect reality

• not training staff on how PAIA requests should be handled

A PAIA Manual should be reviewed regularly to ensure it remains accurate and aligned with your structure, operations, and record systems.

How Barter McKellar Can Help

At Barter McKellar, we assist businesses across South Africa with:

• drafting PAIA Manuals that are tailored and compliant

• reviewing existing PAIA Manuals and correcting gaps

• aligning PAIA and POPIA compliance frameworks

• advising on information officers and internal processes

• guiding businesses in responding to PAIA requests lawfully and effectively

Our approach is practical: we aim to help businesses comply with the law while protecting commercial confidentiality and reducing legal exposure.

Conclusion: A PAIA Manual Is Essential for Legal Compliance

A PAIA Manual is not just another legal formality. It is a core part of responsible information governance in South Africa and a key compliance document for businesses of all sizes.

If your business does not yet have a PAIA Manual, or your manual has not been updated in years, it may be time to review your compliance position and ensure you are protected.

Need a PAIA Manual Drafted or Reviewed?

Contact Barter McKellar for professional assistance in preparing a compliant PAIA Manual tailored to your business.