PAIA MANUAL
In terms of section 51 of the Promotion of Access to Information Act (‘the Act’)
DEFINITIONS
PAIA means the Promotion of Access to Information Act 2 of 2000
POPI means the Promotion of Personal Information Act 4 of 2013
Information Regulator means the Regulator established in terms of Section 39 of POPI
Person means a natural person or a juristic person
Private body means:
- a natural person who carries or has carried on any trade, business or profession, but only in such capacity
- a partnership which carries or has carried on any trade, business or profession; or
- any former or existing juristic person, but excludes a public body
Public body means:
- any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or
- any other functionary or institution when:
- exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or
- exercising a public power or performing a public function in terms of any legislation
Head, in relation to, a private body means:
- in the case of a natural person, that natural person or any person duly authorised by that natural person;
- in the case of a partnership, any partner of the partnership or any person duly authorised by the partnership;
- in the case of a juristic person:
- the chief executive officer or equivalent officer of the juristic person or any person duly authorised by that officer; or
- the person who is acting as such or any person duly authorised by such acting person
Information Officer means the head of a private body
Deputy Information Officer means the person to whom any power or duty conferred or imposed on an Information Officer by POPI has been delegated
Requester in relation to a private body, means any person, including, but not limited to public body or an official thereof, making a request for access to a record of the organisation or a person acting on behalf of such person
Personal Requester means a requester seeking access to a record containing personal information about the requester
Personal Information means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to: information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; information relating to the education or the medical, financial, criminal or employment history of the person; any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person, the biometric information of the person; the personal opinions, views or preferences of the person; correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; the views or opinions of another individual about the person; and the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person
Request for access means a request for access to a record of the organisation in terms of section 50 of PAIA
Record means any recorded information regardless of the form or medium, in the possession or under the control of the organisation irrespective of whether or not it was created by the organisation
Data Subject means the person to whom personal information relates
Third Party in relation to a request for access to a record held by the organisation, means any person other than the requester
Processing means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use, dissemination by means of transmission, distribution or making available in any other form, or merging, linking, as well as restriction, degradation, erasure or destruction of information
DUTIES OF THE INFORMATION OFFICER
The Information Officer of the organisation is responsible for:
- Creating awareness of the manual
- Providing access to requested records
- Providing feedback to the requester in a timeous manner
RIGHT OF ACCESS
The Information Officer may only provide access to any records if:
- The record is required for the exercise or protection of any right, and
- The requester complies with the procedural requirements, and
- Access to that record is not refused in terms of any of the grounds for refusal.
GROUNDS FOR REFUSAL
Where any grounds for refusal are found, a request for access will not be granted, unless:
- the disclosure of the record would reveal evidence of a substantial contravention of, or failure to comply with the law or imminent and serious public or environmental risk, and
- the public interest in disclosing record, will clearly outweigh the harm contemplated in the provision in question.
If a request for access is made with regards to a record containing information that would justify a ground for refusal, every part of the record which:
- does not contain, and
- can reasonably be severed from any part that contains, any such information must, despite any other provision of PAIA, also be disclosed.
| A: Mandatory Protection of privacy of a Third Party who is a Natural Person |
| Grounds for Refusal: |
| § The disclosure would involve the unreasonable disclosure of personal information about a third party that is a natural person (including a deceased individual). |
| No Grounds for Refusal: |
| § The record consists of information that concerns an individual who has already consented in writing to its disclosure to the requester concerned.§ The record consists of information that is already publicly available.§ The record consists of information that was given to the organisation by the individual to whom it relates and the individual was informed by or on behalf of the organisation, before it is given, that the information belongs to a class of information that would or might be made available to the public.§ The record consists of information about an individual’s physical or mental health, or well-being, who is under the care of the requester and who is under the age of 18; or incapable of understanding the nature of the request, and if giving access would be in the individual’s best interest.§ The record consists of information about an individual who is deceased and the requester is the individual’s next of kin.§ The record consists of information about an individual who is or was an official of the organisation and which relates to the position or functions of the individual, including, but not limited to the title, work address, work phone number, the classification, salary scale or remuneration and responsibilities of the position heled or services performed by the individual and the name of the individual on a record prepare by the individual in the course of employment. |
| B: Mandatory Protection of Commercial Information of a Third Party |
| Grounds for Refusal |
| § The record consists of information that contains trade secrets of a third party.§ The record consists of information that contains financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party§ The record consists of information supplied in confidence by a third party, the disclosure of which could reasonably be expected to put that third party at a disadvantage in contractual or other negotiations or to prejudice that third party in commercial competition. |
| No Grounds for Refusal |
| § The record consists of information about a third party who has consented who has already consented in writing to its disclosure to the requester concerned.§ The record consists of information about the results of any product or environmental testing or other investigation supplied by a third party or the results of any such testing or investigation carried out by or on behalf of a third party and its disclosure would reveal a serious public safety or environmental risk (the results of any product or environmental testing or other investigation do not include the results of preliminary testing or other investigation conducted for the purpose of developing methods of testing or other investigation). |
| C: Mandatory Protection of certain Confidential Information of a Third Party |
| Grounds for Refusal |
| § The record consists of information the disclosure of which would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement. |
| D: Mandatory Protection of Safety of Individuals and Protection of Property |
| Grounds for Refusal |
| § The record consists of information that if disclosed could reasonably be expected to endanger the life or physical safety of an individual.§ The record consists of information that if disclosed would likely prejudice or impair the security of a building, a structure or system, a computer or communication system, a means of transport, any other property.§ The record consists of information that if disclosed would likely prejudice or impair the security of methods, systems, plans or procedures for the protection of an individual in accordance with a witness protection scheme, the safety of the public, or any part of the public, or the security of property . |
| E: Mandatory Protection of Records privileged from Production in Legal Proceedings |
| Grounds for Refusal |
| § The record consists of information privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege. |
| F: Commercial Information of the Organisation |
| Grounds for Refusal |
| § The record consists of information that contains trade secrets of the organization.§ The record consists of information that contains financial, commercial, scientific or technical information, other than trade secrets, of the organisation, the disclosure of which would likely cause harm to the commercial or financial interests of the organization.§ The record consists of information, the disclosure of which, could reasonably be expected to put the organisation at a disadvantage in contractual or other negotiations or prejudice the organisation in commercial competition.§ The record is a computer program as defined in section 1(1) of the Copyright Act (Act 98 of 1978), owned by the organisation, except insofar as it is required to give access to a record to which access is granted in terms of PAIA. |
| No Grounds for Refusal |
| § The record consists of information about the results of any product or environmental testing or other investigation supplied by the organisation or the results of any such testing or investigation carried out by or on behalf of the organisation and its disclosure would reveal a serious public safety or environmental risk (the results of any product or environmental testing or other investigation do not include the results of preliminary testing or other investigation conducted for the purpose of developing methods of testing or other investigation). |
| G: Mandatory Protection of Research Information of a Third Party and the Organisation |
| Grounds for Refusal |
| § The record consists of information that contains information about research being or to be carried out by or on behalf of a third party, the disclosure of which would be likely to expose the third party, a person that is or will be carrying out the research on behalf of the third party, or the subject matter of the research to serious disadvantage.§ The record consists of information that contains information about research being or to be carried out by or on behalf of the organisation, the disclosure of which would be likely to expose the organisation, a person that is or will be carrying out the research on behalf of the organisation, or the subject matter of the research to serious disadvantage. |
NOTICE
When receiving a request for information, the Information Officer will notify the requester of the following:
- The amount of the deposit payable (if any);
- That the requester may lodge a complaint with the Information Regulator or an application with a court against the tender or payment of the request fee, or the tender or payment of a deposit, as the case may be;
- The procedure (including the period) for lodging the complaint with the Information Regulator or the application.
Information officer must as soon as reasonably possible, but in any event within 30 days:
- Decide whether to grant the request, and
- Notify the requester of the decision.
If the request for access is granted, the notice must state:
- The access fee (if any) to be paid upon access
- The form in which access will be given, and
- That the requester may lodge a complaint with the Information Regulator or an application with a court against the access fee to be paid or the form of access granted, and the procedure, including the period allowed, for lodging a complaint with the Information Regulator or the application
If the request for access is refused, the notice must:
- State adequate reasons for the refusal;
- Exclude, from any such reasons, any reference to the content of the records’; and
- State that the requester may lodge a complaint with the Information Regulator or an application with a court against the refusal of the request, and the procedure (including the period) for lodging a complaint with the Information Regulator or the application
Should all reasonable steps have been taken to find a record requested, and there are reasonable grounds for believing that the record:
- Is in the organisation’s possession, but cannot be found, or
- Simply does not exist,
the head of the organisation must, by way of affidavit or affirmation, notify the requester that it is not possible to provide access to that record. The affidavit or affirmation must provide full account of all steps taken to find the record in question or to determine whether the record exists, as the case may be, including all communication with every person who conducted the search on behalf of the head.
CONTACT DETAILS & BUSINESS TYPE
| A. Organisation Contact Details | ||
| Postal address: | 2nd Floor, 19 Louis Gradner Street, Foreshore, Cape Town, 8001 | |
| Street address: | 2nd Floor, 19 Louis Gradner Street, Foreshore, Cape Town, 8001 | |
| Phone number: | 086 144 4548 | |
| C. Business Type | ||
| The organisation conducts its main type of business in the following sector(s): | ||
| Finance & Business Services | ||
SECTION 10 PAIA GUIDE
PAIA grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. Where a public body lodges a request, the public body must be acting in the public interest.
Requests in terms of PAIA shall be made in accordance with the prescribed procedures at the rates provided.
Requesters are referred to the guide in terms of section 10 of the Act which has been compiled by the South African Human Rights Commission. The guide contains information for the purposes of exercising Constitutional rights.
The guide is available in all South African official languages free of charge and any person may request a copy of the guide.
A copy of the guide may be obtained by contacting the South African Human Rights Commission at:
- Postal Address: The South African Human Rights Commission, PAIA Unit, Private Bag 2700, Houghton, 2041
- Telephone Number: +27(0)11 877 3600
- Fax Number: +27(0)11 403 0625
- Website: sahrc.org.za
STATUTORY RECORDS
The organisation maintains statutory records and information in terms of the following legislation:
| Companies Act |
| Electronic Communications and Transactions Act |
| Financial Advisory & Intermediary Services Act |
| Financial Intelligence Centre Act |
| Income Tax Act |
| Long-term Insurance Act |
| Short-term Insurance Act |
| Value Added Tax Act |
AVAILABILTY OF RECORDS
| Head signature: | Brett Dyason |
| Date: | 01/04/2016 |
The organisation maintains the following categories of records and related subject matter. The status of the record’s availability, the purpose for its processing and the relevant data subject category to who the record relates are set out below:
| Category: | Record: | Availability: | Purpose: | Data Subject: |
| Public Affairs | Public Product Information | Freely Available | Convey Public Information | Organisation |
| Public Corporate Records | Freely Available | Convey Public Information | Organisation | |
| Media Releases | Freely Available | Convey Public Information | Organisation | |
| Published Newsletters | Freely Available | Convey Public Information | Organisation | |
| Magazine Articles | Freely Available | Convey Public Information | Organisation | |
| Regulatory & Administrative | Permits, Licenses or Authorities | Freely Available | Statutory Requirement | Organisation |
| Conflict of Interest Management Policy | Freely Available | Statutory Requirement | Organisation | |
| Complaints Policy | Freely Available | Statutory Requirement | Organisation | |
| FICA Internal Rules | PAIA Request | Statutory Requirement | Organisation | |
| Health & Safety Plan | PAIA Request | Statutory Requirement | Organisation | |
| Memorandum of Incorporation | PAIA Request | Statutory Requirement | Organisation | |
| Minutes of Board or Directors Meetings | PAIA Request | Statutory Requirement | Organisation | |
| Register of Members | PAIA Request | Statutory Requirement | Organisation | |
| Register of Board of Directors | PAIA Request | Statutory Requirement | Organisation | |
| Internal correspondence (emails) | PAIA Request | Internal Communications | Employees | |
| Insurance Policies held | PAIA Request | Risk Management | Organisation | |
| HumanResources | Employment Applications | PAIA Request | Internal Referencing | Employees |
| Employment Contracts | PAIA Request | Contractual Agreement | Employees | |
| Personal Information of Employees | PAIA Request | Internal Referencing | Employees | |
| Employment Equity Plan | PAIA Request | Statutory Requirement | Organisation | |
| Disciplinary Records | PAIA Request | Statutory Requirement | Employees | |
| Performance Management Records | PAIA Request | Internal Referencing | Employees | |
| Salary Records | PAIA Request | Internal Referencing | Employees | |
| Employee Benefit Records | PAIA Request | Internal Referencing | Employees | |
| PAYE Records | PAIA Request | Statutory Requirement | Employees | |
| Seta Records | PAIA Request | Statutory Requirement | Employees | |
| Disciplinary Code | PAIA Request | Statutory Requirement | Organisation | |
| Leave Records | PAIA Request | Internal Referencing | Employees | |
| Training Records | PAIA Request | Internal Referencing | Employees | |
| Training Manual | PAIA Request | Internal Referencing | Organisation | |
| Financial | Financial Statements | PAIA Request | Internal Referencing | Organisation |
| Financial and Tax Records | PAIA Request | Statutory Requirement | Organisation | |
| Asset Register | PAIA Request | Internal Referencing | Organisation | |
| Management Accounts and Reports | PAIA Request | Internal Referencing | Organisation | |
| Vouchers, Cash Books and Ledgers | PAIA Request | Internal Referencing | Organisation | |
| Banking Records and Statements | PAIA Request | Internal Referencing | Organisation | |
| Electronic Banking Records | PAIA Request | Internal Referencing | Organisation | |
| Marketing | Market Information | PAIA Request | Internal Referencing | Organisation |
| Product Brochures | PAIA Request | Internal Referencing | Organisation | |
| Advertisements | PAIA Request | Internal Referencing | Organisation | |
| Field Records | PAIA Request | Internal Referencing | Organisation | |
| Performance Records | PAIA Request | Internal Referencing | Organisation | |
| Product / Service Sales Records | PAIA Request | Internal Referencing | Organisation | |
| Marketing Strategies | PAIA Request | Internal Referencing | Organisation | |
| Client Customer | Customer / Client Database | PAIA Request | Internal Referencing | Customers |
| Customer / Client Agreements | PAIA Request | Internal Referencing | Customers | |
| Customer / Client Files | PAIA Request | Internal Referencing | Customers | |
| Customer / Client Instructions | PAIA Request | Internal Communications | Customers | |
| Customer / Client Correspondence | PAIA Request | External Communications | Customers | |
| Third Party | Rental agreements | PAIA Request | Contractual Agreement | Third Party |
| Franchise agreements | PAIA Request | Contractual Agreement | Third Party | |
| Non-disclosure agreements | PAIA Request | Risk Management | Third Party | |
| Letters of Intent | PAIA Request | Contractual Agreement | Third Party | |
| Supplier Contracts | PAIA Request | Contractual Agreement | Third Party |
REQUEST PROCEDURE
To facilitate the processing of your request, kindly complete and submit the Records Request Form available on request or download from http://assets.hepstar.com/documents/PAIA_recordsrequestform.pdf and send it to the Information Officer at info@hepstar.com
You will be notified that your request for access has been received and the prescribed fee (if any) payable prior to processing your request. Request pertaining to your personal information will not be charged a request fee.
Once the request has been processed, you will be informed of the outcome of your request and any additional fees that may be payable.
Please note your request for access to information must be refused on the following grounds:
- the privacy and interests of other individuals are protected;
- where such records are already otherwise publicly available;
- instances where public interest are not served;
- the mandatory protection of commercial information of a third party;
- the mandatory protection of certain confidential information of a third party.
When completing the form below, please:
- indicate the identity of the person seeking access to the information;
- provide sufficient particulars to enable the information officer to identify the information requested;
- specify the format in which the information is required;
- indicate the contact details of the person requiring the information;
- indicate the right to be exercised and/or to be protected, and specify the reasons why the information required will enable the person to protect and/or exercise the right;
- where the person requesting the information wishes to be informed of the decision of the request in a particular manner, state the manner and particulars to be so informed;
- if the request for information is made on behalf of another person, submit proof that the person submitting the request, has obtained the necessary authorisation to do so.
