PAIA Manual

Prepared in accordance with section 51 of the Promotion of Access to Information Act 2 of 2000 (as amended)

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”). This manual serves as a guide for requestors who seek access to information held by AFRIDAX (Pty) Ltd.

2. PURPOSE OF THE PAIA MANUAL

This PAIA Manual is useful for the public to :

2.1       check the categories of records held by a body which are available without a person having to submit a formal PAIA request;

2.2       have a sufficient understanding of how to make a request for access to a record of the body, by providing a description of the subjects on which the body holds records and the categories of records held on each subject;

2.3       know the description of the records of the body which are available in accordance with any other legislation;

2.4       access all the relevant contact details of the Information Officer and Deputy Information Officer who will assist the public with the records they intend to access;

2.5       know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;

2.6       know if the body will process personal information, the purpose of processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;

2.7       know the description of the categories of data subjects and of the information or categories of information relating thereto;

2.8       know the recipients or categories of recipients to whom the personal information may be supplied;

2.9       know if the body has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and

2.10    know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.

3      GUIDE ON HOW TO USE THE PAIA ACT

In accordance with PAIA Act section 10(1), the Information Regulator has made available a handbook on how to utilise the PAIA Act (referred to as “the Guide”).

It is intended to be easily understood by anyone wishing to exercise any right stipulated in the Protection of Personal Information Act 4 of 2013 (the POPI Act) or the PAIA Act

The Guide, which is accessible in braille and all of the official languages, includes a summary of the following, among other things:

·      The objectives of the PAIA and POPIA Acts; 

·      the postal and street address, phone number, fax number, and, if available, email address of each public body’s information officer; 

·      the manner and format of a request for access to a public or private body’s records; 

·      the support provided by the Information Regulator under the terms of the PAIA and POPIA Acts; 

·      the remedies available for actions taken or inactions taken with regard to rights or duties granted or imposed by the PAIA and POPIA Acts; and the fees associated with access requests for information.

The Guide is available for public inspection or copying from the offices of both public and commercial entities, including the Information Regulator’s office, during regular business hours.

PAIA Forms – Information Regulator https://inforegulator.org.za/paia-forms/

 

The Guide can also be acquired in the following ways:

·      by submitting a request in writing to the Information Regulator or an Information Officer using the appropriate request form that can be downloaded from PAIA Forms – Information Regulator (inforegulator.org.za); and

·      The Guide can be accessed in English, Afrikaans, isiNdebele, isiXhosa, isiZulu, Siswati, Sepedi, Sesotho, Setswana, Tshivenda, and Xitsonga via the Information Regulator’s website, PAIA Guidelines – Information Regulator (inforegulator.org.za).

4      KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF AFRIDAX (PTY) LTD

AFRIDAX (Pty) Ltd

Physical Address :

Blueberry Office Park, Apple Street, Honeydew 2170, Gauteng, South Africa

Postal Address :

Blueberry Office Park, Apple Street, Honeydew 2170, Gauteng, South Africa

Website :

https://afridax.com

Email address of AFRIDAX Information Officer

[email protected]

5      VOLUNTARY DISCLOSURE

It should be noted that AFRIDAX has not released a notice in accordance with Section 52(2) of the PAIA Act; yet, information on AFRIDAX and its services is readily accessible on AFRIDAX’s website. Periodically, further information is made accessible to the public in the form of marketing brochures, advertisements, and other communications.

6      AVAILABLE RECORDS UNDER ANY OTHER LEGISLATION

Information is available in terms of the following legislation to the persons or entities specified in such legislation:

·      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 or Personal Information Act, 4 of 2013

7      RECORDS HELD BY AFRIDAX

AFRIDAX keeps records pertaining to the following categories and topics. Kindly take note that the inclusion of a category or topic in this Manual does not guarantee that a request for access to such records will be granted. In compliance with the PAIA Act’s rules, each request for access will be considered individually.

7.1  Internal Records

The following are records pertaining to AFRIDAX which include, but are not limited to, records pertaining to the affairs of AFRIDAX, and which include:

·      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 refers to any person who works for or provides services to or on behalf of AFRIDAX and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of AFRIDAX. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following:

·      Any personal records provided to AFRIDAX by their personnel;

·      Any records a third party has provided to AFRIDAX about any of their personnel;

·      Conditions of employment and other personnel-related contractual and legal records;

·      Internal evaluation records;

·      Training schedules, courses and material as have been provided from time to time

7.3  Customer Records

Please be advised that AFRIDAX takes seriously the security of the private information of its clients. Please carefully consider Sections 63 to 67 of the PAIA Act when making any requests for consumer information.

·      Products sold and/or services rendered by AFRIDAX, including:

§  records that AFRIDAX have in their possession that were supplied by a third party;

§  records provided by a customer to a third party whilst acting for or on behalf of AFRIDAX;

§  records generated by or within AFRIDAX relating to its customers

7.4  Other Parties

Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, and service providers. The following records fall under this category:

·      Personnel, customer, or AFRIDAX records that are held by a third party rather than AFRIDAX; and

·      AFRIDAX records pertaining to other parties, such as financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records provided by third parties about the contractors/suppliers or customer.

7.5  Other Records

Supplier refers to a natural person or juristic entity that provides services or goods to AFRIDAX. Supplier records include the following:

·      records which relate to products purchased and/or services received by AFRIDAX;

·      records provided by a third party which are in possession of AFRIDAX;

·      records provided by a supplier to a third party whilst acting on behalf of AFRIDAX

8      UNDER WHICH CIRCUMSTANCES WILL THE REQUEST FOR ACCESS TO INFORMATION BE REFUSED?

AFRIDAX may refuse access to a record on one or more grounds of refusal as provided for in chapter 4 of the Act, which fall into the following categories:

·      Mandatory Protection of privacy of a third party who is a natural person;

·      Mandatory protection of commercial information of a third party;

·      Mandatory protection of certain confidential information and protection of certain other confidential information of a third party;

·      Mandatory protection of safety of individuals and protection of property;

·      Mandatory protection of records privileged from production in legal proceedings;

·      Mandatory protection of AFRIDAX’s trade secrets

·      Mandatory protection of certain confidential information and protection of certain other confidential information of AFRIDAX

·      Computer programs owned by AFRIDAX and defined as such in terms of the Copyright Act, No 98 of 1978

·      Mandatory protection of research information of a third party and protection of research information of a public body;

·      Manifestly frivolous or vexatious requests or substantial and unreasonable diversion of resources

9      HOW TO REQUEST ACCESS TO RECORDS HELD BY AFRIDAX

Requests for access to records held by AFRIDAX should be made on the request form entitled “FORM C REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY (Section 53 (1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)) [Regulation 10]’’, which is available to download here.

A request fee may be payable. The schedule of fees  can be accessed on pages 32 and 33 of the document available at : https://www.justice.gov.za/legislation/notices/2021/20210827-gg45057gon757-PAIAregulations.pdf

You may submit a request without paying the request fee; however, payment of the prescribed fees is required before the request can be processed.

Requests for access to records must be made to AFRIDAX’s information officer at the address or email address as set out in clause 4 above.

The requester must include sufficient details on the request form for the Information Officer to identify the record and the requester. The requester should also specify which type of access is required, as well as whether he or she wishes to be informed in any other way and provide the necessary particulars to be so informed.

The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.

If a request is made on behalf of a person, the requester must then submit proof, to the satisfaction of the Information Officer, of the capacity in which the requester is making the request. 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   HUMAN RIGHTS COMMISSION GUIDE TO PAIA

Section 10 of the Promotions of Access to Information Act, 2000 stipulates that the South African Human Rights Commission must complete a guide on how to use PAIA. This guide is available from the South African Human Rights Commission.

Please direct any queries to:

The South African Human Rights Commission : PAIA Unit

Telephone: 011 877 3600

Website : www.sahrc.org.za

Email : [email protected]

The Research and Documentation Departments

Private Bag 2700

Houghton

2041

12   GENERAL

This manual will be updated, if necessary, on an annual basis and will be available on the website www.afridax.com

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