PAIA Manual
Prepared in terms of section 51 of the Promotion of Access to Information Act 2 of 2000, and updated in light of the Protection of Personal Information Act 4 of 2013.
Purpose of this manual
The purpose of PAIA is to promote the right of access to information, to foster a culture of transparency and accountability within the Company by giving the right to information that is required for the exercise or protection of any right, and to actively promote a society in which the people of South Africa have effective access to information to enable them to exercise and protect their rights.
For the purposes of PAIA, this manual details the procedure to be followed by a Requester and the manner in which a Request for Access will be facilitated. For the purposes of POPIA, it details the purpose for which Personal Information may be processed, the categories of Data Subjects for whom the Company processes Personal Information, the categories of Personal Information relating to such Data Subjects, and the recipients to whom Personal Information may be supplied.
The right to access information is not unlimited. Section 9 of PAIA recognises justifiable limitations, including the reasonable protection of privacy, commercial confidentiality, and effective, efficient and good governance, balanced against other rights contained in the Bill of Rights.
Company details
| Registered name | Record Engineering (Pty) Ltd |
|---|---|
| Registration number | 2016/159119/07 |
| Physical address | Portion D of Farm Waterraad 762, Kathu, 8446 |
| Postal address | Postnet Suite 114, Private Bag X507, Kathu, 8446 |
| Telephone | 053 723 1245 |
| info@record.co.za |
Information Officer
All requests for information in terms of PAIA should be addressed to the Information Officer.
Information Regulator
The Information Regulator has taken over the PAIA functions previously performed by the South African Human Rights Commission. Requests to access records of a private body, and complaints about how a request was handled, may be directed to the Regulator.
| Postal address | PO Box 31533, Braamfontein, Johannesburg, 2017 |
|---|---|
| Website | inforegulator.org.za |
| Telephone | 012 406 4818 |
Records held by the Company
The following categories of records are held by the Company. Each is available on request in terms of PAIA, subject to the grounds for refusal set out below.
Client services
Correspondence, contracts, contact details, proposal and tender documents, project plans, risk management records, solution methodologies, standard terms and conditions of supply.
Corporate governance
Codes of conduct, corporate social investment records, board and committee minutes, legal compliance records, policies.
Finance and administration
Accounting records, annual financial statements, asset register, bank statements and records, debtor and creditor statements, general ledgers, invoices, tax records and returns, purchase orders, remittances.
Human capital
Personnel information, employment terms and contracts, letters of employment, leave records, PAYE records, performance management records, policies and procedures, UIF returns, salary records.
Information technology
Agreements, equipment register, policies and procedures, recovery plans, user manuals.
Research
External and internal publications, reference works, periodicals, research files and articles.
Marketing
Advertising and promotional material, proposal documents, new business development, marketing strategies.
Operations
Access control records, agreements, archival documentation, general correspondence, patents and trade marks, insurance documentation, service level agreements, standard trading terms, vehicle registration documents, cellular registration including RICA.
Secretarial services
Statutory documents including certificates of incorporation, memoranda of incorporation, share registers and certificates, statutory returns, shareholder agreements, minutes of meetings, resolutions passed.
Records of a public nature, typically those disclosed on this website, may be accessed without a formal application. Other non-confidential records, such as statutory records held at the Companies and Intellectual Property Commission, may also be accessed without a formal application, though an appointment with the Information Officer will still be required to view them.
How to request access
A Requester must comply with the procedural requirements contained in section 53 of PAIA. There are two types of requester:
- Personal requester — someone seeking access to a record containing their own personal information. The Company will voluntarily provide this, subject to the prescribed reproduction fee.
- Other requester — anyone seeking access to information relating to third parties. Section 71 of PAIA requires the Information Officer to take reasonable steps to inform the affected third party, who may then make representations or give consent.
Complete the prescribed Request for Access form (Annexure 3 of the full manual) and submit it, together with any applicable request fee and deposit, to the Information Officer. The form must contain sufficient detail to identify the records requested, the identity of the Requester, the form of access required, the Requester’s postal address or fax number, and the right the Requester is seeking to protect together with an explanation of why the record is necessary to exercise or protect that right.
Proof of identity is required. If a request is made on behalf of another person, proof of the capacity in which the request is made must be attached. A person unable to complete the form because of illiteracy or disability may make the request orally.
The Company will decide whether to grant or decline a request within 30 days of receipt, and will notify the Requester with reasons where required. This period may be extended by up to a further 30 days where the request involves a large number of records or records held at another office; the Requester will be notified in writing of any such extension.
Fees
PAIA provides for two types of fee:
- A request fee, an administration fee payable by all requesters except personal requesters, before the request is considered. It is not refundable.
- An access fee, payable by all requesters where access is granted, covering the cost of obtaining and preparing the record.
| Item | Fee |
|---|---|
| Request fee (other than personal requester) | R50,00 |
| Photocopy of an A4 page or part thereof | R1,10 |
| Printed copy of an A4 page held electronically | R0,75 |
| Transcription of visual images, per A4 page | R40,00 |
| Copy of visual images | R60,00 |
| Transcription of an audio record, per A4 page | R20,00 |
| Copy of an audio record | R30,00 |
| Search and preparation, per hour or part thereof | R30,00 |
Where a search requires more than six hours, a deposit of one third of the access fee is payable. Actual postage is payable where a copy must be posted. The Information Officer will withhold a record until the applicable fees have been paid, and will repay any deposit if the request is refused.
Grounds for refusal
Subject to the exceptions in Chapter 4 of PAIA, the Company may refuse a request for access on the following grounds:
- Mandatory protection of the privacy of a third party who is a natural person, including a deceased person, where disclosure would be unreasonable.
- Mandatory protection of the commercial information of a third party, including trade secrets, financial, commercial, scientific or technical information whose disclosure could cause harm, and information disclosed in confidence.
- Mandatory protection of confidential information of third parties protected by agreement.
- Mandatory protection of the safety of individuals and the protection of property.
- Mandatory protection of records privileged in legal proceedings.
- Protection of the Company’s own commercial information, including trade secrets, financial and technical information, information that would prejudice the Company commercially, and computer programs owned by the Company.
- Research information of the Company or a third party, where disclosure would place the research or researcher at a serious disadvantage.
- Requests that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources.
If the Company cannot find the records requested despite a reasonable and diligent search, and believes them to be lost or unattainable, the Requester will receive an affidavit from the Information Officer setting out the measures taken to locate the record.
Remedies
The Company does not have internal appeal procedures. The decision of the Information Officer is final, and requesters must exercise external remedies.
A requester dissatisfied with a refusal to disclose information may, within 30 days of notification of the decision, apply to a court for relief. The courts with jurisdiction are the Constitutional Court, the High Court or another court of similar status, and a Magistrate’s Court designated by the Minister of Justice and Constitutional Development and presided over by a designated Magistrate.
The full manual, including the Schedule of Records, the list of applicable legislation and the prescribed forms for requesting access, objecting to processing, or requesting correction or deletion of personal information, is available as a PDF.
Download full PAIA manual