PROMOTION OF ACCESS TO INFORMATION ACT (PAIA) MANUAL
Our PAIA manual has been prepared in accordance with Section 51 of the Promotion of Access to Information Act, Number 2 of 2000 (the “Act”) and the Protection of Personal Information Act, Act No 4 of 20131 (“PoPI”).
Manual for: CoachSav
Prepared in terms of the requirements of the
PROMOTION OF ACCESS TO INFORMATION
ACT No. 2 of 2000
(hereinafter referred to as the “Act”)
Table of Contents
- BUSINESS AND CONTACT DETAILS
- MANUAL AND GUIDELINES
- RECORDS AVAILABLE IN TERMS OF SECTION 52(2) OF THE ACT
- RECORDS THAT ARE HELD AT THE OFFICES OF THE BUSINESS
- STATUTORY RECORDS
- INFORMATION REQUEST PROCEDURE
- DENIAL OF ACCESS
- MANUAL AVAILABILITY
- ANNEXURE: FORM C
This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person or entity, whether such information is required by someone to protect his/her rights.
Section 51(1) of the Act provides that within six months after the commencement of this section or within six months after coming into existence of the private body concerned, the head of a private body must compile a manual that must contain information regarding the subjects and categories of records held by such private bodies.
In this context, a “private body” is defined as any natural person who carries or has carried on any trade, business or profession, but only in such capacity or any partnership which carries or has carried on any trade, business or profession or any former or existing juristic person.
CoachSav falls within the definition of a “private body” and this Manual has been compiled in accordance with the said provisions and to fulfil the requirements of the Act.
According to the Act, where a request for information is made to a body, there is an obligation to provide the information, except where the Act expressly provides that the information may not be released. In this context, Section 9 of the Act recognizes that access to information can be limited. The limitation relates to circumstances where such release would pose a threat to the protection of privacy, commercial confidentiality, and the exercising of efficient gov ernance .
Accordingly, this manual provides a reference to the records held by CoachSav and the process that needs to be adopted to access such records.
All requests for access to information (other than information that is available to the public) must be addressed to the Head of the Business named in section 2 of this Manual.
- Business and Contact Details
Name of Business: CoachSav
Head of Business: Mrs Sav Goldridge
Position: CEO and Founder
Postal Address: 3at1 Postal Suite 37, Private Bag x15, Northriding, 2169
Physical Address: 9 Gardenia St, Randpark Ridge, Randburg, 2169
Phone Number: 083 689 3981
Email Address: firstname.lastname@example.org
- Manual and Guidelines
3.1 The ACT grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.
3.2 Requests in terms of the ACT shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 6 and 7 of the Act.
3.3 Requesters are referred to the Guide in terms of Section 10 which has been compiled by the South African Human Rights Commission, which will contain information for the purposes of exercising Constitutional Rights. The Guide is available from the SAHRC.
The contact details of the Commission are:
Postal Address: Private Bag 2700, Houghton, 2041
Telephone Number: +27-11-877 3600
Fax Number: +27-11-403 0625
- Records available in terms of Section 52(2) of the Act
At this stage no notice(s) has/have been published on the categories of records that are automatically available without a person having to request access in terms of PAIA.
- Records that are held at the offices of the business
The following is a list of records that are held at the business’s office:
- Brochures on Company Information
- Client and Customer Registry
- General Correspondence
- Information relating to Work-In-Progress
- Marketing and Future Strategies
- Financial Transactions
- General Correspondence
- Management Accounts
- Tax Records (company and employee)
At present these include records (if any) held in terms of:
- Income Tax Act 95 of 1967
- Copyright Act 98 of 1978
- Information Request Procedure
To facilitate the processing of your request, kindly:
6.1 Use the prescribed form, available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za.
6.2 Address your request to the Head of the Company (CEO).
6.3 Provide sufficient details to enable the COMPANY to identify:
- The record(s) requested;
- The requester (and if an agent is lodging the request, proof of capacity);
- The form of access required;
- (i)The postal address or fax number of the requester in the Republic;
- If the requester wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof;
- The right which the requester is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right.
6.4 We will respond to your request within 30 days of receiving the request by indicating whether your request for access has been granted or denied.
6.5 Please note that the successful completion and submission of a request for access form does not automatically allow the requestor access to the requested record.
6.6 Access will be granted to a record only if the following criteria are fulfilled:
- The record is required for the exercise or protection of any right; and
- The requestor complies with the procedural requirements set out in the Act relating to a request; and
- Access to the record is not refused in terms of any ground for refusal as contemplated in Chapter 4 of Part 3 of the Act.
- Denial of access
7.1 Access to any record may be refused under certain limited circumstances. These include:
- The protection of personal information from unreasonable disclosure concerning any natural person;
- The protection of commercial information held concerning any third party (for example trade secrets);
- The protection of financial, commercial, scientific or technical information that may harm the commercial or financial interests of any third party;
- Disclosures that would result in a breach of a duty of confidence owed to a third party;
- Disclosures that would jeopardize the safety or life of an individual;
- Disclosures that would prejudice or impair the security of property or means of transport;
- Disclosures that would prejudice or impair the protection of a person in accordance with a witness protection scheme;
- Disclosures that would prejudice or impair the protection of the safety of the public;
- Disclosures that are privileged from production in legal proceedings unless the privilege has been waived;
- Disclosures of details of any computer programme;
- Disclosures that will put CoachSav at a disadvantage in contractual or other negotiations or prejudice it in commercial competition;
- Disclosures of any record containing any trade secrets, financial, commercial, scientific, or technical information that would harm the commercial or financial interests of CoachSav
- Disclosures of any record containing information about research and development being carried out or about to be carried out by CoachSav
7.2 If access to a record or any other relevant information is denied, our response will include:
- Adequate reasons for the refusal; and
- Notice that you may lodge an application with the court against the refusal and the procedure including details of the period for lodging the application.
The following applies to requests (other than personal requests):
8.1 A requestor is required to pay the prescribed fees (R50.00) excluding VAT before a request will be processed;
8.2 If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);
8.3 A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;
8.4 Records may be withheld until the fees have been paid.
8.5 The fee structure is available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za.
- Manual Availability
9.1 This Manual is available at the offices of the South African Human Rights Commission. The Manual is also available at www.coachsav.co.za.
9.2 Copies may also be obtained from the Head of Business of CoachSav In respect of hard copies, any transmission costs or postage will be for the account of the requester.
- Annexure: Form C PAIA Manual for CoachSav – Form C