1. Introduction
This PAIA Manual has been prepared in accordance with the requirements of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) ("PAIA"). The manual serves as a guide for requestors seeking access to information held by AFRIDAX (Pty) Ltd.
2. Purpose of the PAIA Manual
The manual helps the public to:
- Check categories of records available without formal PAIA requests
- Understand how to make access requests by providing subject descriptions and record categories
- Know descriptions of records available under other legislation
- Access contact details of Information Officers who assist with record access
- Know descriptions of guides on using PAIA and obtain access
- Understand if personal information is processed, its purpose, and data subject categories
- Know descriptions of data subject categories and related information
- Know recipients or recipient categories receiving personal information
- Know if personal information transfers or processing occurs outside South Africa
- Know about security measures ensuring confidentiality, integrity, and availability
3. Guide on How to Use the PAIA Act
The Information Regulator provides a handbook in braille and official languages covering:
- PAIA and POPIA Act objectives
- Public body information officer contact details
- Request manner and format
- Regulator support details
- Available remedies
- Associated fees
The guide is available at Information Regulator offices and can be downloaded from inforegulator.org.za/paia-forms
Available in: English, Afrikaans, isiNdebele, isiXhosa, isiZulu, Siswati, Sepedi, Sesotho, Setswana, Tshivenda, and Xitsonga.
4. Key Contact Details for AFRIDAX (Pty) Ltd
The Chief Executive Officer of AFRIDAX (Pty) Ltd has been designated as the Information Officer in terms of PAIA and POPIA. The Information Officer may delegate responsibilities to a Deputy Information Officer as appropriate.
5. Voluntary Disclosure
AFRIDAX has not released a notice under Section 52(2) of PAIA. However, information on AFRIDAX and its services is readily accessible on AFRIDAX's website. Marketing brochures, advertisements, and communications are periodically released publicly.
6. Available Records Under Other Legislation
Information is available under the following Acts to specified persons or entities:
- Companies Act, 71 of 2008
- Income Tax Act, 58 of 1962
- Value Added Tax Act, 89 of 1991
- Labour Relations Act, 66 of 1995
- Basic Conditions of Employment Act, 75 of 1997
- Employment Equity Act, 55 of 1998
- Skills Development Levies Act, 9 of 1999
- Unemployment Insurance Act, 30 of 1996
- Compensation of Occupational Injuries and Diseases Act, 130 of 1993
- Electronic Communications and Transactions Act, 25 of 2002
- Telecommunications Act, 103 of 1996
- National Credit Act, 34 of 2005
- Consumer Protection Act, 68 of 2008
- Currency and Exchanges Act, 9 of 1933
- Protection of Personal Information Act, 4 of 2013
7. Records Held by AFRIDAX
The inclusion of a category or topic in this Manual does not guarantee that a request for access to such records will be granted. Each request is considered individually under PAIA rules.
7.1 Internal Records
- Memorandum and Articles of Association
- Financial records
- Operational records
- Internal correspondence
- Product records
- Statutory records
- Internal policies and procedures
- Databases
- IT systems and documents
7.2 Personnel Records
Personnel is defined as any person working for AFRIDAX or providing services while receiving remuneration, including directors, permanent/temporary/part-time staff, and contract workers.
- Personal records provided by personnel
- Third-party records about personnel
- Employment conditions and contractual records
- Internal evaluation records
- Training schedules, courses, and materials
7.3 Customer Records
AFRIDAX takes seriously the security of the private information of its clients. Requestors should consider Sections 63-67 of PAIA.
- Products sold and services rendered
- Records supplied by third parties
- Records provided by customers to third parties acting for AFRIDAX
- Records generated by AFRIDAX relating to customers
7.4 Other Parties
Records concerning contractors, suppliers, joint ventures, and service providers:
- Personnel, customer, or AFRIDAX records held by third parties
- AFRIDAX records on other parties including financial records, correspondence, contractual records, email, logs, and cached information
7.5 Other Records
A supplier is defined as a natural person or juristic entity providing services or goods to AFRIDAX.
- Products purchased and services received
- Third-party records in AFRIDAX's possession
- Supplier records provided to third parties
8. Grounds for Refusal
AFRIDAX may refuse access under Chapter 4 of the Act based on:
- Mandatory protection of third-party natural person privacy
- Mandatory protection of third-party commercial information
- Mandatory protection of third-party confidential information
- Mandatory protection of individual safety and property
- Mandatory protection of legally privileged records
- Mandatory protection of AFRIDAX trade secrets
- Mandatory protection of AFRIDAX confidential information
- Computer programs owned by AFRIDAX (Copyright Act, No 98 of 1978)
- Mandatory protection of third-party research information
- Manifestly frivolous, vexatious requests, or substantial resource diversion
9. How to Request Access to Records Held by AFRIDAX
Requests for access to records held by AFRIDAX must be made in writing on the prescribed Form 2 of the Regulations Relating to the Promotion of Access to Information, 2021.
The prescribed form can be downloaded from inforegulator.org.za/paia-forms
A request fee may be payable. The schedule of fees is published by the Department of Justice and Constitutional Development and can be accessed at inforegulator.org.za/wp-content/uploads/2020/07/Form-3-PAIA.pdf
All requests must be submitted to AFRIDAX's Information Officer using the contact details in Section 4 of this manual. The requester must provide enough detail for the Information Officer to identify both the requested record and the requester, and specify the form of access required.
Important: Requests made on outdated forms such as Form A will not be accepted. AFRIDAX has updated this manual to comply with Regulation 7.1 of the Regulations Relating to the Promotion of Access to Information, 2021.
Requirements
- Sufficient details on the request form to identify the record and the requester
- Specification of the type of access required
- Indication of whether the requester wishes to be informed in any other way, with necessary particulars
- Identification of the right that the requester is seeking to exercise or protect
- An explanation of why the requested record is required for the exercise or protection of that right
- Proof of capacity, to the satisfaction of the Information Officer, if requesting on behalf of another person
The form set out above is the only form that will be accepted. Not using this form, or not providing sufficient information, may result in your request being refused or delayed.
Please note that all requests submitted to AFRIDAX will be evaluated and considered in accordance with the PAIA Act and the POPIA Act. The publication of this manual and the description of the categories and subject matter of information held by AFRIDAX does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the PAIA Act.
10. Remedies Available Should AFRIDAX Refuse a Request
AFRIDAX does not have any internal appeal procedures. A requester or third party, who is dissatisfied with AFRIDAX's decision in relation to a request for access to a record may, within 30 (thirty) days of said decision apply to the High Court, or any other Court having jurisdiction, for relief.
11. General
This manual will be updated, if necessary, on an annual basis and will be available on the website www.afridax.com.