PAIA Manual

This is the PAIA Manual of Rapelas Attorneys Inc (“RA Inc”), a law firm based in Johannesburg.

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PAIA AND POPIA

The Promotion of Access to Information Act No.2 of 2000 (“PAIA”) gives effect to the constitutional right of access to any information held by any public or private body that is required for the exercise or protection of any rights. PAIA grants a requester access to records of a private body and sets out the procedures attached to such request.

Section 9 of PAIA recognises that such right to access to information is subject to certain justifiable limitations, for instance limitations aimed at the reasonable protection of privacy, commercial confidentiality and effective, efficient and good governance.

Conversely, the Protection of Personal Information Act, 2013 (“POPIA”) promotes the protection of personal information processed by public and private bodies, including certain conditions so as to establish minimum requirements for the processing of personal information. POPIA amends certain provisions of PAIA, balancing the need for access to information against the need to ensure the protection of personal information by providing for the establishment of an Information Regulator to exercise certain powers and perform certain duties and functions in terms of POPIA and PAIA, providing for the issuing of codes of conduct and providing for the rights of persons regarding unsolicited electronic communications and automated decision making in order to regulate the flow of personal information and to provide for matters concerned therewith.

Section 51 of PAIA obliges private bodies to compile a manual, to assist a person to obtain access to information held by the private body. The purpose of this PAIA manual is therefore to inform a person how to obtain access to records held by RA Inc.

This PAIA manual also includes information on the submission of objections to the processing of personal information and requests to delete or destroy personal information or records thereof in terms of POPIA. 


INFORMATION OFFICER AND COMPANY CONTACT DETAILS: SECTION 51(1)(A)

Information Officer: Viki Rapelas
Email: viki@rapelas.co.za
Physical Address: Workshop17, 1st Floor, North Tower Square, Hyde Park Corner, 6th Road, Hyde Park, Johannesburg, 2196
Postal Address: PO Box 6054, Oberholzer, 2502
Telephone Number: 082 321 2249
Website: www.rapelas.co.za

GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE: SECTION 51(1) (B)

An official Guide has been compiled by the Information Regulator of South Africa which contains information to assist a person wishing to exercise a right of access to information in terms of PAIA and POPIA. A copy of the updated Guide is available on the Information Regulator’s website at www.inforegulator.org.za.

Any enquiries regarding the Guide should be directed to the Information Regulator, the details of which are as follows: 


Postal Address: P.O Box 31533, Braamfontein, Johannesburg, 2017 



Street Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001

Email address (general): enquiries@inforegulator.org.za 



Email address (complaints): PAIAComplaints@inforegulator.org.za

Website: www.inforegulator.org.za/

DESCRIPTION OF RECORDS THAT MAY BE REQUESTED IN TERMS OF PAIA AND/OR POPIA

The following information and records identified by the headings listed below are not automatically available and a person has to request access to these records by completing a request for information in the prescribed manner using the prescribed “Request for Access” form in Annexure “A”.

  • Companies Act and Trust Property Control Act Records documents of incorporation;
    • memorandum of Incorporation; 
o trust deeds;
    • minutes/written resolutions of trustees, board of directors meetings and general meetings;
    • records relating to the appointment of trustees /directors / auditors / company;
    • secretary / public officer and other officers;
    • share register and other statutory registers; and
    • other statutory records. 


  • Financial Records
    • annual financial statements;
    • tax returns;
    • accounting records;
    • banking records;
    • bank statements;
    • electronic banking records;
    • asset registers;
    • rental agreements; and
    • invoices.
  • Income Tax Records
    • PAYE records;
    • documents issued to employees for income tax purposes;
    • records of payments made to SARS on behalf of employees;
    • all other statutory compliances;
    • VAT records;
    • regional services levies;
    • skills development levies;
    • UIF records; and
    • Workmen’s Compensation records.
  • Personnel Documents and Records
    • employment contracts;
    • employment policies and procedures;
    • employment equity plan;
    • medical aid records;
    • pension fund records;
    • internal evaluations and disciplinary records;
    • salary records;
    • disciplinary codes;
    • leave records;
    • training records and manuals;
    • operating manuals; 

    • personal records provided by personnel;
    • other statutory records; and
    • related correspondence. 


  • Other
    • Administration; 

    • information technology;
    • insurance;
    • intellectual property;
    • movable and immovable property;
    • operations;
    • third parties;
    • medical and health information. 


REQUEST PROCEDURE

To facilitate the processing of your request, kindly:

  • use the prescribed form, available on the website of the Information Regulator at www.inforegulator.org.za/paia-forms/ (copy attached in Appendix A, for ease of reference);
  • address your request to the Information Officer, copied to the Deputy Information Officer;
  • 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;
    • the postal address 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.

 

RA Inc may, and must in certain instances, refuse access to records on any of the grounds set out in Chapter 4 of Part 3 of PAIA. These grounds include: that access would result in the unreasonable disclosure of personal information about a third party, that it is necessary to protect the commercial information of a third party or RA Inc itself, that it is necessary to protect the confidential information of a third party, that it is necessary to protect the safety of individuals or property, that a record constitutes privileged information for legal proceedings, that it is necessary to protect the research information of a third party or RA Inc itself.

If all reasonable steps have been taken to find a record that a requester has requested, and there are reasonable grounds for believing that the record is in RA Inc’s possession but cannot be found, or it does not exist, then the Information Officer will, by way of an affidavit or affirmation, notify the requester that it is not possible to give access to that record. 


The Information Officer must, if a request for access to a record is granted or refused, inform a requester of her/his decision and the fees payable. This must be done on a form that corresponds substantially with Form 3 of Regulation 8 (copy attached in Appendix B, for ease of reference.

Requests will be processed within 30 (thirty) days, from date of receipt thereof, unless the request contains considerations that are of such a nature that an extension of the time limit is needed.

Should an extension be required, you will be notified, together with reasons explaining why the extension is necessary, which in most cases will be a period of 30 (thirty) days.

REMEDIES AVAILABLE TO A REQUESTER ON REFUSAL OF ACCESS

If the Information Officer decides to grant a requester access to the record, such access must be granted within 30 (thirty) days of being informed of the decision. 

Where the Information Officer declines any requester access to the record, such decision will be relayed to the requester. There is no internal appeal procedure.

If you are not satisfied with the outcome you are entitled to apply to the Information Regulator or a court of competent jurisdiction to take the matter further.

Where a third party is affected by the request for access and the Information Officer has decided to grant you access to the record, the third party has 30 (thirty) days in which to appeal the decision in a court of competent jurisdiction. If no appeal has been lodged by the third party within 30 (thirty) days, you must be granted access to the record.

PRESCRIBED FEES

The following applies to requests (other than personal requests):

  • a requestor is required to pay the prescribed fees before a request will be processed;
  • a requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;
  • records may be withheld until the fees have been paid; and
  • a copy of the fee structure is attached in Appendix C.

INFORMATION AVAILABLE IN TERMS OF POPIA

In terms of POPIA, personal information must be processed for a specified purpose. The purpose for which data is processed by RA Inc will depend on the nature of the data and the particular data subject. This purpose is ordinarily disclosed, explicitly or implicitly, at the time the data is collected. Please also refer to RA Inc’s Privacy Statement for further information.

Categories of personal information collected by RA Inc 
Depending on the circumstances, RA Inc collects the following categories of personal information:

  • name and surname;
  • identification and/or passport number;
  • gender;
  • organisation name and registration number and other company information;
  • contact details, including physical and postal addresses;
  • location information;
  • IP address; and
  • health information.

The purpose of processing personal information 
Depending on the category of personal information which is collected, the purposes for processing may include:

  • the provision of information, products or services to data subjects;
  • communication with data subjects;
  • conducting research and compiling research reports;
  • provision of support services to data subjects;
  • preparing aggregated and anonymised reports;
  • to manage accounts, receive services and process payments;
  • to assess the suitability of job applicants for employment;
  • meeting legal obligations in respect of employment equity and to comply with other applicable laws; and
  • provision of effective advertising.

A description of the categories of data subjects and of the information or categories of information relating thereto

  • employees (and employee dependants) and prospective employees;
  • clients;
  • public stakeholders;
  • suppliers, contractors and service providers (and prospective suppliers /contractors / service providers).

The recipients or categories of recipients to whom the personal information may be supplied 
Depending on the nature of the personal information, RA Inc may supply information or records to the
following categories of recipients:

  • RA Inc’s business partners;
  • other parties in response to legal process or when necessary to conduct or protect its legal rights;
  • other parties in connection with certain business transactions. In the event that RA Inc restructures or sells any of its businesses or assets, RA Inc may disclose data subjects’ personal information to the prospective buyer of such business or assets or other transacting party;
  • companies that provide services to RA Inc or act on its behalf may have access to information about data subjects. These companies are limited in their ability to use information they receive in the course of providing services to RA Inc or data subjects; and
  • third-parties where the data subject provides consent.