1.1 In terms of Section 51 of Promotion of Access to Information Act, No 2 of 2000 (“PAIA”), all private entities are required to compile a PAIA Manual (“Manual”) that provides information on both the types and categories of records held by a private company.
1.2 In addition, the Protection of Personal Information Act 4 of 2013 (“POPIA”) amends PAIA in a number of ways. One of the keys ways in which PoPIA changes PAIA relates to the role of the South African Human Rights Commission (“SAHRC”). Under POPIA the function of the SAHRC in terms of PAIA will be transferred to the Information Regulator once fully established, to monitor both POPIA and PAIA, and to handle complaints relating to access to information and the protection of personal information upon commencement of POPIA.
1.3 Section 9 of the Act, however, recognises that such right to access to information is subject to certain justifiable limitations, for instance limitations aimed at:
1.3.1 The reasonable protection of privacy;
1.3.2 Commercial confidentiality; and
1.3.3 Effective, efficient, and good governance.
1.4 This Manual provides and outline types of records held by BU and explains how requestors may submit requests to these records in terms of PAIA. It further allows requesters to access, object to and request a correction of personal information in terms of sections 23 and 24 of POPIA
2.1 The purpose of PAIA is to promote the right of access to information, to foster a culture of transparency and accountability in South Africa. Furthermore, PAIA is aimed at encouraging an open democracy where individuals from all walks of life are empowered to engage with the government and participate in decisions which affect their lives.
2.2 The right of access to information is a unique right as it enables the realisation of other human rights: this is one of the most important ways in which PAIA can be used. PAIA and POPIA gives effect to everyone’s constitutional right of access to information held by private sector or public bodies, that is required for the exercise and or protection of the requesters right.
3. GUIDE OF SOUTH AFRICAN HUMAN RIGHTS COMMISSION
The SAHRC has compiled a Guide containing information on how to exercise any right contemplated in PAIA. This Guide is available in all official languages of South Africa. Copies of the Guide can be found at the head office of the SAHRC and all of its provincial offices. In addition, an electronic copy is available on the SAHRC’s website (https://www.sahrc.org.za )
The guide is available for inspection as follows:
The South African Human Rights Commission
PAIA Unit, Private Bag 2700, Houghton, 2041
Telephone No: 011 877 3803
Fax No: 011 403 0628
Postal Address: PAIA Unit:
From 1 July 2021 the contact details for PAIA Unit will be
Information Regulator South Africa
JD House, 27 Stiemens Street
Braamfontein, Johannesburg, 2001
P.O Box 31533
Braamfontein, Johannesburg, 2017
General enquiries email: email@example.com .
Complaints email: complaints.IR@justice.gov.za
4. DETAILS OF THE COMPANY
Full name : BLACK UMBRELLAS NPC
Registration Number : 2005/002546/08
Postal Address : POSTNET SUITE 1027
PRIVATE BAG X9
Physical Address: 1
Telephone : 011 592 6401
Website : www.blackumbrellas.co.za
Email : firstname.lastname@example.org
5. CONTACT DETAILS OF THE CHIEF EXECUTIVE OFFICER AND REQUEST LIASON OFFICER
5.1 The Chief Executive Officer is Mark Frankel. His contact details are:
Telephone: 011 592 4616
5.2 The Request Liaison Officer is Xolile Ndumndum
Telephone: 011 592 4610
6. AVAILABILITY OF THIS MANUAL
You can access this manual on MyBU or by requesting a copy by e-mail from the information officer on reasonable prior notice. Manuals are also available from the SAHRC website.
7. THE LATEST NOTICE IN TERMS OF SECTION 52(2) IF ANY
No notice has been published on the categories of records that are automatically available without a person having to request access in terms of section 52(2) of PAIA.
8. RECORDS THAT ARE AUTOMATICALLY AVAILABLE TO EITHER EMPLOYEES ONLY OR THE GENERAL PUBLIC AND EMPLOYEES
8.1 BU maintains records on the following categories and subject matters, however, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be granted.
8.2 All requests for access will be evaluated on a case-by-case basis in accordance with the provisions of PAIA and/or POPIA.
8.3 A description of the categories of the records held and the types in which this information are classed.
8.4These records are not automatically available without a request in terms of the Act. A request in terms of this section is subject to section 63(1) of the Act, which provides that the head of a company must refuse a request for access to a record of the company if the disclosure of the record would involve the unreasonable disclosure of personal information about a third party including a deceased individual.
Legal servicesAgreements with customers, suppliers,
service providers and other partiesNot automatically
|Types of Information Held||Availability|
|Company secretarial||Company documents including the
memorandum of incorporation
registers, minute of Board and
Committee meetings, statutory returns,
powers of attorney, records relating to
the appointment of auditors; directors;
prescribed officer. public officer; and
|Moveable and immoveable
|Lease agreements, credit sale
agreements and ordinary and
conditional sale agreements
|Intellectual property||Trademarks, patents, designs, know
how and licensing agreements
|Insurance||Trademarks, patents, copyrights||Not automatically
|Taxation||Value Added Tax (VAT), Standard
Income Tax on Employees (SITE) and
Pay As You Earn (PAYE) records,
employees for income tax purposes
documents, Skills Development Levies
UIF, Workmen’s Compensation
|Human resources||Policies and procedures, employee
information, personnel files,
employment contracts, forms and
applications, training records,
workplace agreements, records and
benefit arrangements rules and records
|Finance and accounting||Accounting records, audited annual
financial statements, reports and
returns, banking details and bank
statements and invoices, annual budget
|Operations||Permits, licenses, consents, approvals,
authorisations, applications and
registrations, policies and procedures,
reports and supporting documentation,
information and security documents
|Information technology||System documentation and manuals
project, disaster recovery and
|Administration||MyBU and correspondence with
internal and external parties
|Risk management plans; and Strategic
|Safety, Health and
|Complete Safety, Health and
Environment Risk Assessment
Environmental Managements Plans
Inquiries, inspections, examinations by
9. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION AS
CONTEMPLATED IN SECTION 51(1)(D) OF THE ACT
Records available in terms of other legislation are as listed below:
1. Arbitration Act No. 42 of 1965
2. Basic Conditions of Employment Act No. 75 of 1997
3. Broad-based Black Economic Empowerment Act 53 of 2003
4. Companies Act No 71 of 2008 and Applicable Regulations
5. Compensation for Occupational Injuries and Health Diseases Act No. 130 of 1993
6. Consumer Protection Act 68 of 2008
7. Copyright Act No. 98 of 1978
8. Electronic Communications Act, No. 36 of 2005;
9. Electronic Communications and Transactions Act No 25 of 2002
10. Employment Equity Act. No. 55 of 1998
11. Financial Advisory and Intermediary Services Act 37 of 2002
12. Financial Intelligence Centre Act No. 38 of 2001.
13. Financial Services Board Act No. 97 of 1990
14. Harmful Business Practices Act No. 23 of 1999
15. Identification Act 68 of 1997
16. Insider Trading Act 135 of 1998
17. Insurance Act No. 27 of 1943
18. Intellectual Property Laws Amendment Act No. 38 of 1997
19. Labour Relations Act No 66 of 1995
20. Long –Term Insurance Act No. 52 of 1998
21. National Credit Act No. 34 of 2005
22. National Water Act 36 of 1998.
23. Non Profit Organisations Act No. 71 of 1997
24. Promotion of Access to Information Act No.2 of 2000
25. Promotion of Equality and Prevention of Unfair Discrimination Act No. 4 of 2000
26. Protected Disclosures Act No. 26 of 2000
27. Protection of Personal Information Act 4 of 2013
28. Regulation of Interception of Communication and Provision of
Communications Act, No.2 of 2000
29. Information Act No. 70 of 2002
30. Skills Development Act 97 of 1998
31. Trademarks Act 194 of 1993
32. Unemployment Insurance Act No. 63 of 2001
33. Unemployment Insurance Contributions Act No 4 of 2002
34. Value Added Tax Act No 89 of 1991
10. RECORDS AUTOMATICALLY AVAILABLE ON THE COMPANY WEBSITE
10.1 BU publishes a broad range of informative material both in print and on its website at www.blackumbrellas.co.za. The Data Subject may obtain Personal Information about themselves or information about BU on the website. BU will provide such information on request to the office where the records are held. A fee may be charged for copying of records depending on the volume requested.
11. PURPOSE OF PROCESSING OF PERSONAL INFORMATION:
BU processes Personal Information which includes but is not limited to the following purposes:
11.1 Rendering of services to BU clients and employee administration;
11.2 Providing or managing any information on products and services offered;
11.3 Transacting with BU’s suppliers;
11.4 Maintaining customer records;
11.5Maintain and safe keeping for employment purposes.; apprenticeship and bursary purposes; travel purposes; general administration, financial and tax purposes; legal purposes; health and safety purposes;
11.6 Visitor access monitoring purposes,
11.7 Managing the premises and facilities;
11.8 Investigating of and preventing fraud; debt recovery; and
11.9 Responding to website enquiries
12. PROCESS OF MAKING A REQUEST FOR ACCESS
2.1 Form for Request:
The requester must complete Form C and submit this form together with a request fee, to the Chief Executive Officer. The form must be submitted to the Chief Executive Officer, at his/her address or electronic mail address as stated earlier in this manual [s 53(1)]. A copy of the form is attached and marked annexure A (the “prescribed form”). The form is also available from the website of the SAHRC, or the website of the Department of Justice and Constitutional Development at www.justice.gov.za
12.2 Request Requirements:
12.2.1 The requester must use the prescribed form, to make the request for access to a record.
12.2.2 The requester must provide sufficient detail on the request form to enable the designated Request Liaison Officer to identify the record and the requester.
12.2.3 The requester should indicate which form of access is required.
12.2.4 The requester should indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c)].
12.2.5 The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2)(d)].
12.2.6 If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the designated manger of the private body [s 53(2)(f)] and follow the same process as stated in paragraph 12.1 above.
12.2.7 A requester who seeks access to a record containing Personal Information about that requester is not required to pay the request fee.
12.2.8 Every other requester, who is not a personal requester, must pay the required request fee.
12.2.9 The Chief Executive Officer must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)].
12.2.10 The fee that the requester must pay is currently R50,00. The requester may lodge an application to the court against the tender or payment of the request fees 54(3)(b)].
12.2.11 After the Chief Executive Officer has made a decision on the request, the requester must be notified in the required form.
12.2.12 If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].
13. GROUNDS FOR REFUSING A REQUEST
13.1 BU has the right to reject any request for information submitted in terms of Sections 62 to 70 of Chapter 4 of the PAIA Act.
13.2 If the request for access is refused, the Chief Executive Officer or the Request Liaison Officer shall advise the requester in writing of the refusal. The notice of refusal shall state –
13.3 adequate reasons for the refusal;
13.4 that the requester may lodge an appeal with a court of competent jurisdiction against the refusal of the request (including the period) for lodging such an appeal.
13.5 Upon the refusal by the Chief Executive Officer or the Request Liaison Officer, the deposit paid by the requester will be refunded.
13.6 If the Chief Executive Officer or the Request Liaison Officer fails to respond within 30 (thirty days) after a request has been received, it is deemed, in terms of section 58 read together with section 56(1) of the Act, that the Chief Executive Officer or the Request Liaison Officer has refused the request.
13.7 The Chief Executive Officer may decide to extend the period of thirty days (“original period”) for another period of not more than thirty days if –
13.7.1 the request is for a large number of records;
13.7.2 the search for the records is to be conducted at premises not;
13.7.3 the search for the records is to be conducted at premises not situated in the same town or city as the head office of BU;
13.7.4 consultation among divisions or departments, as the case may be, of BU is required;
13.7.5 the requester consents to such an extension in writing; and
13.7.6 the parties agree in any other manner to such an extension.
13.8 Should BU require an extension of time, the requester shall be informed in the manner stipulated in the prescribed form of the reasons for the extension.
13.9 The requester may lodge an appeal with a court of competent jurisdiction against any extension or against any procedure set out in this section.
14. INFORMATION OR RECORDS NOT FOUND
14.1 If all reasonable steps have been taken to find a record, and such a record cannot be found or if the records do not exist, then the Chief Executive Officer or the Request Liaison Officer shall notify the requester, by way of an affidavit or affirmation, that it is not possible to give access to the requested record.
14.2 The affidavit or affirmation shall provide a full account of all the steps taken to find the record or to determine the existence thereof, including details of all communications by the Chief Executive Officer or the Request Liaison Officer with every person who conducted the search.
14.3 The notice, as set out in 14.1 14.1shall be regarded as a decision to refuse a request for access to the record concerned for the purposes of the Act.
14.4 If the record in question should later be found, the requester shall be given access to the record in the manner stipulated by the requester in the prescribed form unless access is refused by the Chief Executive Officer or the Request Liaison Officer.
14.5 The attention of the requester is drawn to the provisions of Chapter 4 of Part 3 of the Act in terms of which BU may refuse, on certain specified grounds, to provide information to a requester.
15. INFORMATION REQUESTED ABOUT A THIRD PARTY
15.1 Section 71 of the Act makes provision for a request for information or records about a third party.
15.2 In considering such a request, BU will adhere to the provisions of sections 71 to 74 of the Act.
15.3 The attention of the requester is drawn to the provisions of Chapter 5 of Part 3 of the Act in terms of which BU is obliged, in certain circumstances, to advise third parties of requests lodged in respect of information applicable to or concerning such third parties. In addition, the provisions of Chapter 2 of Part 4 of the Act entitle third parties to dispute the decisions of the Chief Executive Officer or the Request Liaison Officer by referring the matter to the High Court.
16.1 A requestor may lodge an internal appeal against a decision of the Chief Executive Officer or Request Liaison Officer of BU:
16.1.1 To refuse a request for access; or
16.1.2 Taken in terms of section 22, 26(1) or 29(3), in relation to that requester, with the Minister for Provincial and Local Government.
16.2 A third party may lodge an internal appeal against a decision of the Chief Executive Officer or Request Liaison Officer of BU to grant a request for access.
16.3 An internal appeal must be lodged in the prescribed form:
16.3.1 Within 60 days;
16.3.2 If notice to a third party is required, within 30 days after notice is given to the appellant of the decision against;
16.3.3 It must be delivered or sent to the Chief Executive Officer or Request Liaison Officer of BU at his or her addresses or fax number;
16.3.4 It must identify the subject of the internal appeal and state the reasons for the internal appeal and may include any other relevant information known to the appellant;
16.3.5 If, in addition of a written reply, the appellant wishes to be informed of the decision on the internal appeal in any other manner, must state that manner and provide the necessary particulars to be so informed;
16.3.6 If applicable, must be accompanied by the prescribed appeal fee, and specify a postal address or fax number.
16.4 If an appeal is lodged after the expiry of the period referred to, the Minister must, upon good cause shown, allow the late lodging of the appeal.
16.5 If the Minister disallows the late lodging of the appeal, he or she must give notice of that decision to the person appeal fee (if any).
16.6 A requestor lodging an appeal against the refusal of his or her request of an appeal, the decision on the appeal may be deferred until the fee is paid.
16.7 As soon as reasonably possible, but in any event within ten (10) working days after receipt of an appeal, the Chief Executive Officer of BU must submit the following to the Minister:
16.7.1 The appeal together with his or her reasons for the decision concerned; and
16.7.2 If the appeal is against the refusal or granting of a request for access, the name, postal address, phone and fax number and electronic mail address, whichever is available, of any third party that must be notified of the request
17. AVAILABILITY OF THE MANUAL
17.1 This manual is available for inspection at the office of BU free of charge
18. UPDATING OF MANUAL
18.1 BU may update this manual annually or at such intervals as may be
19. FEES IN RESPECT OF PRIVATE BODIES
19.1 The following is a breakdown of the fees structure for the purposes of determining the manner in which fees relating to a request for access to a record of a private body are to be calculated. Part III of Regulation 187 published in the Government Gazette on the 15 February 2002. The fees payable are as summarised below:
19.1.1 The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof.
19.1.2 The fees for reproduction referred to in regulation 11(1) are as follows:
• For every photocopy of an A4-size page or part thereof R1,10
• For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form R0, 75
• For a copy in a computer-readable form on – (i) stiffy disc R 7, 50; (ii) compact disc R 70,00
• For a transcription of visual images, for an A4-size page or part thereof R 40,00, (ii) For a copy of visual images R 60,00
• For a transcription of an audio record, for an A4-size page or part thereof R 20,00; (ii) For a copy of an audio record R 30,00
19.1.3 The request fee payable by a requester, other than a personal requester, referred to in Regulation 11(2) is R50,00.
19.1.4 The access fees payable by a requester referred to in Regulation 11(3) are as follows:
• For every photocopy of an A4-size page or part thereof R 1,10;
• For every printed copy of an A4-size page or part; thereof held on a computer or in electronic or machine-readable form R 0,75;
• For a copy in a computer-readable form on – (i) stiffy disc R 7,50; (ii) compact disc R 70,00
• For a transcription of visual images, for an A4-size page or part thereof R 40,00; (ii) For a copy of visual images R 60,00
• For a transcription of an audio record, for an A4-size page or part thereof R 20,00; (ii) For a copy of an audio record R 30,00 19.1.5 To search for and prepare the record for disclosure, R30,00; for each hour or part of an hour reasonably required for such search and preparation.
19.1.6 For purposes of section 54(2) of the Act, the following applies:
• Six hours as the hours to be exceeded before a deposit is payable; and
• one third of the access fee is payable as a deposit by the requester.
19.1.7 The actual postage is payable when a copy of a record must be posted to a requester.