PAIA Manual

The Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available the revised Guide on how to use PAIA (“Guide”), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA.

The Guide is available in each of the official languages and in braille.

The aforesaid Guide contains the description of:

• the objects of PAIA and POPIA
• the postal and street address, phone and fax number and, if available, electronic mail address of:
  • the Information Officer of every public body, and
  • every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPIA;
• the manner and form of a request for:
  • access to a record of a public body contemplated in section 11(1); and
  • access to a record of a private body contemplated in section 50(1);
• the assistance available from the Information Officer of a public body in terms of PAIA and POPIA;
• the assistance available from the Regulator in terms of PAIA and POPIA;
• all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging:
  • an internal appeal;
  • a complaint to the Regulator; and
  • an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;
• the provisions of sections 14(1) and 51(1) requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
• the provisions of sections 15(1) and 52(1) providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
• the notices issued in terms of sections 22 and 54 regarding fees to be paid in relation to requests for access; and
• the regulations made in terms of section 92.

Members of the public can inspect or make copies of the Guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours.

The Guide can also be obtained:

• upon request to the Information Officer;
• from the website of the Regulator: https://inforegulator.org.za/paia-guidelines/.

Information is available in terms of the following legislation to the persons or entities specified in such legislation, not limited to and which include amongst other the following: 

• Companies Act, 71 of 2008 
• Income Tax Act, 58 of 1962 
• Value Added Tax, Act 89 of 1991  
• Labour Relations Act, 66 of 1995 
• Basic Conditions of Employment Act, 75 of 1997 
• Employment Equity Act, 55 of 1998 
• Skills Development Levies Act, 9 of 1999 
• Unemployment Insurance Act, 30 of 1966 
• Compensation of Occupational Injuries and Diseases Act, 130 of 1993  
• Occupational Health & Safety Act, 85 of 1993  
• Electronic Communications and Transactions Act, 25 of 2002.  
• Telecommunications Act, 103 of 1996

Access to the documents as set out below may be subject to the grounds of refusal, which grounds of refusal are set out in clause 6.

Customer Records

“Customer” in the Manual refers to a natural person or juristic entity that receives services from the Company. Customer records include the following:

• Any such records which may pertain to products sold and/or services rendered the Company including:
  • records provided by a third party and which are in the possession of the Company;
  • records provided by a customer to a third party whilst acting for or on behalf of the Company;
  • records generated by or within the Company relating to its customers.

Supplier Records

“Supplier” in the Manual refers to a natural person or juristic entity that provides services or goods to the Company. Supplier records include the following:

• Any such records which may pertain to products bought and/or services received by the Company including:
  • records provided by a third party and which are in the possession of the Company;
  • records provided by a supplier to a third party whilst acting for or on behalf of the Company;
  • records generated by or within the Company relating to its suppliers.

Personnel Records

“Personnel” in the Manual refers to any person who works for or provides any service to or on behalf of the Company and who receives or is entitled to receive remuneration therefrom. Personnel further refers to any other such person who assists in carrying out or conducting the business of the Company, and which includes but is not limited to directors, whether executive or non-executive, all permanent, temporary and part-time staff as well as contract workers. Personnel records include inter alia the following:

• personal records which are provided by the personnel themselves and/or by any other third party;
• internal evaluation records as well as other internal records;
• conditions of the Personnel’s employment and other personnel-related contractual and legal records;
• correspondence relating to personnel; and
• such training schedules, courses and material as have been provided from time to time.

Private Body  Records

“Private Body” in this Manual refers to the Company, and these are records which include, but are not limited to, records pertaining to the affairs of the Company, and which include:

• operational records;
• databases;
• financial records;
• information technology systems and documents;
• internal correspondence;
• marketing records;
• product and/or service records;
• statutory records;
• documentation pertaining to the processing operations as required by section 17 of the Protection of Personal Information Act 4 for 2013; 
• internal policies and procedures.

Records held by third parties as well as those which pertain to third parties

1. • Personnel, customer or private body records which are in the possession of another party on the behalf of the Company;
   • Records held by the Company pertaining to other parties, including without limitation, correspondence, financial records, product and service records, contract records, and records which relate to the Company’s suppliers, contractors, clients, client’s employees and contractors and/or service providers.

A request for information may be refused on, inter alia, the basis of any of the following, as provided for in terms of Chapter 4 of the Act:

The mandatory protection of the privacy of a third party who is a natural person, to avoid the unreasonable disclosure of personal information which concerns such natural person, irrespective of whether such person is alive or deceased at the time of such request.

The mandatory protection of the commercial information of a third party, if the record contains:

• trade secrets pertaining to a third party;
• financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of which would or could be likely to cause harm to the commercial or financial interests of that third party; 
• 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.

The mandatory protection of confidential information of third parties if disclosure would constitute an action for breach of a duty of confidence owed to that third party in terms of an agreement.

The mandatory protection of the safety of individuals, and the protection of property.

The mandatory protection of records which would be privileged from disclosure in legal proceedings.

The protection of the Company’s commercial activities which shall include but not be limited to records which contain:

• the Company’s trade secrets;
• financial, commercial, customer, scientific or technical information, which, if disclosed could or would be likely to cause harm to the Company’s commercial or financial interests;
• information, the disclosure of which could reasonably be expected:
  • to put the Company at a disadvantage in contractual or other negotiations; or 
  • to prejudice the Company in commercial competition;
• computer programs owned by the Company and defined as such in terms of the Copyright Act, No 98 of 1978.

The mandatory protection of research information of the Company or a third party, if disclosure would expose the identity of the Company or the third party, the researcher or the subject matter of the research to serious disadvantage.

Requests for information that are, in the Company’s reasonable opinion, manifestly frivolous or vexatious or which involve a substantial and unreasonable diversion of resources.

Requestors are to complete the prescribed Form 2.  Form 2 can be downloaded from the website of the Regulator:   https://inforegulator.org.za/wp-content/uploads/2020/07/InfoRegSA-PAIA-Form02-Reg7.pdf .

The completed Form 2 may be posted or emailed to the Information Officer using the contact details disclosed under Clause 2.

The Information Officer will process the request and inform the requestor of the fees, (if any) that he/she has to pay and of the further steps that will follow in the processing of the request.