Exemptions | PAIA | How to Comply


Is your private company exempted?

Initially, the Department of Justice and Constitutional Development extended the exemption, meaning that companies within certain sectors were exempted from compiling and submitting Section 51 Manuals to the South African Human Rights Commission (SAHRC)until 31 December 2015.

If an entity is a private body, but not a private company as defined by the Company Act of 2008, it did not have to comply with Section 51 of the legislation until the end of December 2015.

In terms of the Governance Notice number 34914, certain private bodies still have to submit their manuals in terms of the legislation to the Commission.These private bodies include those with 50 or more employees OR those who operate in specific sectors and have an annual turnover equal to / exceeding certain amounts.

The sectors and turnover amounts are listed below:

Agriculture 50 or more 02
Mining and Quarrying 50 or more 07
Manufacturing 50 or more 10
Electricity, Gas, Water 50 or more 10
Construction 50 or more 05
Retail, Motor Trade and Repair Services 50 or more 15
Wholesale Trade, Commercial Agents, and Allied Services 50 or more 25
Catering, Accommodation and other Trade 50 or more 05
Transport, Storage and Communications 50 or more 10
Financial and Business Services 50 or more 10
Community, Special and Personal Services 50 or more 05