PAIA Manual – Request for Information

 

INFORMATION PAIA MANUAL OF ALISTAIR GROUP SOUTH AFRICA (PTY) LTD

2017/032072/07

‘’PAIA MANUAL’’

(PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000)

Prepared in accordance with Section 51. 

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1. INTRODUCTION 

The Promotion of Access to Information Act No 2 of 2000, was enacted to give effect or to give recognition to Section 32 of the Constitution of the Republic of South Africa that expressly states that, everyone has a right to access to records and/or information held by the state as well as any information held by any other person (inclusive of private bodies) that is required for the exercise or for the protection of any right.

The Act in Section 51 expressly states that, all private bodies (entities) are required to compile an Information Manual, thus, ALISTAIR Group South Africa (Pty) Ltd has compiled same.

2. ABBREVIATIONS  

• PAIA = Promotion of Access to Information Act No 2 of 2000 (‘’the Act’’).
• Entity = ALISTAIR Group South Africa (Pty) Ltd.
• IO = Information Officer.
• DIO = Deputy Information Officer.

3. PURPOSE  

The purpose of this policy wording is to comply with the statutory requirements of the Act. Furthermore, it intends to be a guide to information requesters at ALISTAIR Group South Africa (Pty) Ltd, for instance, when a request is made in terms of the Act, ALISTAIR Group South Africa will be obliged to release the information, subject to applicable legislations or certain regulatory requirements, and to the exception of law (e.g. when the law expressly provides or states that such information must not be released or provided to the information requester).

NOTICE TO ALL INFORMATION REQUESTERS 

This Manual is not exhaustive of, nor does it comprehensively deal with, every procedure that has been provided for in the Act. Thus, information requesters are requested to familiarise themselves with the provisions of the Act prior to requesting any information from the entity, as provided for in the Act.

A copy of this Manual is available at ALISTAIR Group South Africa (Pty) Ltd, information requestors should be furnished with a copy of same should they request the Manual.   

4. KEY CONTACT DETAILS  

The Information Officer appointed in this Act also refers to the Information Officer mentioned in the Protection of Personal Information Act 4 of 2013 (POPI) (reference is made to the same responsible Information Officer personnel).

The Information Officer will oversee the responsibilities and functions mentioned in the Act after being registered with the Information Regulator.

All requests for information in terms of the Act for the entity must be directed to the Information Officer, as his/her contact details have been furnished below:

• Information Officer  

Name : Mr. Shaun de Koker

Position : Group Head of Legal

E-mail : shaun.dekoker@alistairgroup.com

• Deputy Information Officer 

Name :

Position :

E-mail : 

• Director

Name : Ms. Clementine James

E-mail : clementine@alistairgroup.com

• Physical Address of Head office 

First floor, Building 6

Inanda Greens Office Park

52 Wierda Road West

Sandton

2196

• Postal Address of Head office
• Number of Head office

+27769008197

5. GUIDE ON HOW TO GO ABOUT USING THE PROMOTION OF ACCESS TO INFORMATION ACT 

The Guide on how to go about using PAIA and its Manual is founded at the SA Human Rights Commission, as it has compiled such in fulfilment of Section 10 of the Act. The guide contains information that may reasonable be required by an information requester or/ by a person who may wish to exercise any of his/her rights in the Act.

• Enquiries regarding the Guide should be directed to SAHRC:

The South African Human Rights Commission, at:

PAIA Unit (The Research and Document Department)

Private Bag X2700, Houghton, 2041

Telephone number : 011 877 3803

Website : www.sahrc.org.za

E-mail Address : section51.paia@sahrc.org.za

6. THE LATEST NOTICE IN TERMS OF SECTION 52 (2) (IF ANY) 

At this stage no notice(s) have been published on the categories of records by the Minister that are automatically available without a person having to request access in terms of PAIA.

7. CATEGORIES OF RECORDS HELD BY THE ENTITY  

• Attendance registers;
• Correspondences;
• Founding Documents;
• Minutes of the Managing Meetings;
• Minutes of Staff Meetings;
• Shareholder Register;
• Statutory Returns;
• Conditions of Service;
• Employee Records;
• Employments Contracts;
• Employment Equity Records;
• General Correspondences;
• Industrial and Labour Relations Records;
• Information relating to Health and Safety Regulations;
• Performance Appraisals;
• Remuneration Records;
• Salary Surveys;
• Skills Requirements;
• Statutory Records;
• Training Records;
• Brochures on Company Information;
• Contracts;
• Information relating to Employee Sales Performance;
• Information relating to Work-In-Progress;
• Marketing Records;
• Sales Records;
• Annual Financial Statements;
• Asset Register;
• Banking Records;
• Budgets;
• Financial Transactions;
• Insurance Information;
• Internal Audit Records;
• Tax Records (company and employee);
• Company policies.

8. OTHER RECORDS HELD BY THE ENTITY IN TERMS OF OTHER LEGISLATIONS

• Basic Conditions of Employment Act No. 75 of 1997;
• Companies Act No. 71 of 2008;
• Compensation for Occupational Injuries and Health Diseases Act No. 130 of 1993;
• Consumer Protection Act No. 68 of 2008;
• Employment Equity Act No. 55 of 1998;
• Labour Relations Act No. 66 of 1995;
• Basic Conditions of Employment Act 75 0f 1997;
• National Road Traffic Act No. 93 of 1996;
• Occupational Health and Safety Act No. 85 of 1993;
• Promotion of Access to Information Act No. 2 of 2000;
• Skills Development Levies Act No. 9 of 1999;
• Unemployment Insurance Act No. 63 of 2001;
• Constitution of the Republic of South Africa,1996.
• Electronic Communications and Transaction Act No. 25 of 20002;
• Income Tax Act No. 58 of 1962;
• Promotion of Access to Information Act No. 2 of 2000;
• Protection of Personal Information Act No. 4 of 2013.

9. RECORDS AVAILABLE WITHOUT HAVING TO MAKE THE REQUEST TO ACCESS SUCH RECORDS IN TERMS OF THE PAIA ACT

• Public domain information.

Information found at the entity’s Website.

• Non-confidential records.

Records maintained at the CIPC.

NOTE THAT:

An appointment to view such records will still need to be made with the Information Officer/ Deputy Information Officer (even though no formal application will have to be submitted). 

10. INFORMATION REQUEST PROCEDURE / ACCESS PROCEDURE 

The requester must complete a Form C as attached, accompanied by the request fee, and submit such to the Information Officer / Deputy Information Officer of the entity.

The completed Form C must be submitted to the office of the IO/DIO or through his/her work e-mail address.

The completed Form C must:

• provide sufficient information or particulars to enable the IO/ DIO to be able to identify the record/s being requested and to further be able to identity the requester;
• indicate which form of access is being requested by the requester;
• specify a postal address or a fax number or an e-mail address of the requester;
• identify the right that the requester is seeking to exercise in terms of the Act;
• provide an explanation of why the requested records are being requested;
• in addition, if the request is being made on behalf of another person, then, proof of capacity in which the requester is making the request must be submitted to the reasonable satisfaction of the IO/ DIO.

11. GROUNDS TO REFUSE ACCESS TO INFORMATION  

Access to information at ALISTAIR Group South Africa (Pty) Ltd will be refused on the following but not limited grounds, for the:

• Protection of the privacy of a third party/person (natural person, deceased person, juristic person) Section 63 of PAIA.
• Protection of personal information as envisaged in the Protection of Personal Information Act.
• Protection of personal information or disclosure of any personal information that is protected by any other:
  • Legislation;
  • Regulation;
  • Contractual clause.

• Protection of commercial information (Section 64 of PAIA).
• Protection of the safety of an individual and the protection of property (Section 66 of PAIA).
• Protection of confidential information of third parties, if protected by an agreement (Section 65 of PAIA).
• Protection of records that will be regarded as privileged in legal proceedings / in a lawsuit (Section 67 of PAIA).
• Protection of the commercial activities of ALISTAIR Group South Africa (Pty) Ltd (Section 68 of PAIA).
• Requests that are unreasonable, that will amount to the waste of resources of ALSTAIR Group South Africa (Pty) Ltd.

12. DECISION BY THE IO / DIO 

• All requests made will be treated on a case-to-case basis /or on their own merits and the application of the relevant principles and legislations.
• The entity will furnish a reply (grant or refuse the request) to the requester within 30 days of receipt of the information request made.
• The entity may extend the 30 days period of reply, for a further 30 days if:

• • the request made is for a large number of information;

• • the request requires a search for information that is held at another office;

• • the information cannot reasonable be obtained within the first 30 days period.
• The entity will notify the requester should there be a need to extend the time frame of reply.
• If the information being requested cannot be found or if the information being requested for (request made) is not available, the IO/ DIO shall notify the requester in writing or by way of an affidavit or an affirmation, but should such information then later be discovered or found, then, the requester will have to be given access to such information unless the IO/ DIO sees it fit to refuse access to such requested information.
• If the request has been refused, the requester must be furnished/given written reasons for the refusal of such requested information.
• A proper record of all requests made, granted, and refused must be kept by the IO/ DIO.

13. PRESCRIBED FEES  

The following is applicable to requests (other than personal requests).

• The requester must submit his/her Form C along with the prescribed fee of R50 before the request can be processed.
• The fee structure is available at the website of the SAHRC (www.sahrc.org.za) as well as at the Department of Justice and Constitutional Development (under regulations) www.doj.gov.za