Opinion article written 23rd June 2021:
1. How do I compile a manual for my training business, and how much does it cost?
Lime Green has supplied a free of charge, easy to use information manual that is compliant with POPI act and PAIA. The manual is created for training providers who are private companies. Any one else using it will have to edit it extensively, or may need to use a different template.
The manual is available for free download on this website (link is at https://limegreentraining.co.za/shop/ ).
The manual is directed at this target (private SDP’s) because Lime Green’s core business is supporting training organisations. It is not a trial, or a watered down version, we supply the full editable manual, instructions on what to do with it, and this comes free of charge.
2. Does this apply to me? Am I exempt?
You may be exempt, but South African quality assurers (e.g. SETA’s and the QCTO) tend to have a “one-size-fits-all” approach to accreditation standards.
It will be less admin to comply than to go through the admin of explaining to them that you are exempt. Private companies are addressed in section 51 of the act (PAIA) and gazettes 39504 and 34914 address exemptions and provide further info. These can be debated but is it worth the time? The time spent going through that will be greater than the time it takes to comply. Also, the rules are changing and the end goal of the act is that everyone has an information manual and follows it. (Note: This article written 23 June 2021). Further to that, the information manual supplied covers POPIA and PAIA which have differing requirements.
3. Ok, I’ve downloaded the Lime Green manual, and created my own manual as directed. What happens now?
At time of writing, the SAHRC states that the manual is to be submitted to tsebulela@sahrc.org.za (or fadams@sahrc.org.za depending on who you speak to there). It is also to be made available on your website, or put somewhere people can access it.
4. I submitted the manual and got a response that says I didn’t need to submit the manual. What’s up with that?
Interestingly the standard response-email from the SAHRC states that A. you must post it to your website (or make it available), B. complains that the SAHRC is overwhelmed (undestandable, but in the nicest way possible, this is not your problem, the legislation requires this is done…) and C. that submitting it to the SAHRC is not necessary. At time of writing, there is some truth in this. The “Information Regulator” mentioned in the act (PAIA) has not yet established the proper way to submit the manual. My guess is they will not necessarily have done this by the time the deadline for submitting the manual arrives (which is either 6 months after the inception of your organisation, or by 30 June 2021, whichever applies at the time of reading this article).
But again, when considering whether or not to submit it, refer back to point 2 of this article.
5. Are you sure Lime Green is providing the correct advice on this?
The author of this article has read both acts in full (PAIA and POPIA) as well as related gazettes, and correspondence and information sent from the company’s legal advisors.
This article is written with the goal to assist SDP’s in achieving and maintaining accreditation. It is our advice that you seek specialised legal advice if you are unsure or uncomfortable with anything discussed here, or you have further questions about the legalities of information management, or if you’d just like a second opinion. Try your legal firm, or chat to a legal firm such as DWDP law who are at https://dwdplaw.co.za/.
