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PAIA Manual

Manual in terms of Section 51 of the Promotion of Access to Information Act 2 of 2000 (the “act”) 

1. Instruction

 

1.1. The Inclusive Society Institute, founded in 2019, is an autonomous and independent institution that functions independently from any other entity. It is founded for the purpose of supporting and further deepening multi-party democracy.


The Inclusive Society Institute's work is motivated by its desire to achieve non-racialism, non-sexism, social justice and cohesion, economic development and equality in South Africa, through a value system that embodies the social and national democratic principles associated with a developmental state. It recognises that a well-functioning democracy requires well-functioning political formations that are suitably equipped and capacitated. It further acknowledges that South Africa is inextricably linked to the ever-transforming and interdependent global world, which necessitates international and multilateral cooperation. As such, the Inclusive Society Institute also seeks to achieve its ideals at a global level through cooperation with like-minded parties and organs of civil society who share its basic values.
Whilst the institute undertakes research through the lens of social and national democratic values and principles, it is pragmatic, not dogmatic, in its approach.

1.2. This manual outlines the implementation of the Promotion of Access to Information Act (PAIA) (and aspects of Protection of Personal Information Act (POPIA)) at the Inclusive Society Institute, and lists the primary records held by the institute, which can be accessed in accordance with the provisions of law. It further sets out how people can access information in terms of POPIA.

2. Institute contact details

 

The Chief Executive Officer, as head of the institute, and through the delegation of authority by the Institute’s board, has been appointed as the Information Officer, whose details appear hereunder for purposes of dealing with all matters in connection with requests for information on the Inclusive Society Institute’s behalf, and to ensure compliance with the PAIA statute.

2.1. Designated/duly authorised persons:
Information Officer: Daryl Swanepoel (Chief Executive Officer)
Deputy Information Officer: Edwin Mc Queen (Corporate Services Officer)

2.2. Contact Details:
Postal Address: P.O. Box 12609, Mill Street, Cape Town, 8010
Street Address: 1006 One Thibault, 1 Thibault Square
, Cape Town, 8001
Telephone Number: 021 201 1589
Email: admin@inclusivesociety.org.za

3. Description of guide referred to in section 10

 

3.1.The South African Human Rights Commission (SAHRC) has compiled a guide, as required by Section 10 of the Act, containing such information as may reasonably be required by a person who wishes to exercise any right contemplated in this Act. It is available in all of the official languages.


The Guide is available for inspection, inter alia, at the office of the Human Rights Commission, located at 29 Princess of Wales Terrace, corner York and St. Andrews Street, Parktown, Johannesburg, Gauteng and at www.sahrc.org.za


For further information please contact the SAHRC:
E-mail: paia@sahrc.org.za
Postal address: Private Bag 2700, Houghton, 2041
Telephone: 011 484 8300
Fax: 011 484 0582
Click here to view or download the guide.

4. The Act

 

4.1.The PAIA statute grants a requester access to records of a private body, if the record is required for the exercise or protection of appropriate legal rights. If a public body lodges a request, the public body must be acting in the public interest.

4.2.Requests in terms hereof shall be made in accordance with the prescribed procedures, and where applicable at the rates provided. The forms and tariffs are dealt with in paragraphs 6 and 7 of the Act.

4.3.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.

4.4.The contact details of the Commission are:


Postal Address: Private Bag 2700, Houghton, 2041
Telephone Number: 011 877 3600
Fax Number: 011 403 0625
Website: www.sahrc.org.za

5. Records automatically available

 

5.1. The following Records are automatically available without a person having to request access in terms of the Act:

5.1.1. The web page www.inclusivesociety.org.za is accessible to anyone who has access to the Internet. The Inclusive Society Institute’s website hosts the following categories of information:

5.1.1.1. Products and Services

5.1.1.2. Membership (individual and corporate)

5.1.1.3. Media reports and releases

5.1.1.4. Reports, Occasional Papers and Journal for Inclusive Public Policy

5.1.2. Product and promotional brochures/pamphlets

5.1.3. News and marketing information

5.1.4. Corporate communications

5.1.5. Other literature intended for public viewing

6. Applicable legislation

 

6.1. Legislation

 

6.1.1. Attorneys Act 53 of 1979

 

6.1.2. Basic Conditions of Employment Act 75 of 1997

 

6.1.3. Broad-Based Black Economic Empowerment Act 53 of 2003

 

6.1.4. Businesses Act 71 of 1991

 

6.1.5. Compensation for Occupational Injuries and Diseases Act 130 of 1993

 

6.1.6. Competition Act 89 of 1998

 

6.1.7. Consumer Protection Act 68 of 2008

 

6.1.8. Copyright Act 98 of 1978

 

6.1.9. Electronic Communications and Transactions Act 25 of 2002

 

6.1.10. Employment Equity Act 55 of 1998

 

6.1.11. Financial Intelligence Centre Act 38 of 2001

 

6.1.12. Income Tax Act 58 of 1962

 

6.1.13. Insolvency Act 24 of 1936

 

6.1.14. Insurance Act 27 of 1943

 

6.1.15. Intellectual Property Laws Amendment Act 38 of 1997

 

6.1.16. Interception and Monitoring Prohibition Act 127 of 1992

 

6.1.17. Justice of the Peace and Commissioners of Oaths Act 16 of 1963

 

6.1.18. Labour Relations Act 66 of 1995

 

6.1.19. National Qualifications Framework Act 67 of 2008

 

6.1.20. Nonprofit Organisations Act 71 of 1997

 

6.1.21. Occupational Health and Safety Act 85 of 1993

 

6.1.22. Prevention of Organised Crime Act 121 of 1998

 

6.1.23. Promotion of Access to Information Act 2 of 2000

 

6.1.24. Protection of Personal Information Act 4 of 2013

 

6.1.25. Protection of Business Act 99 of 1978

 

6.1.26. Skills Development Act 97 of 1998

 

6.1.27. Skills Development Levies Act 9 of 1999

 

6.1.28. Co-operatives Act 14 of 2005

 

6.1.29. Fund-raising Act 107 of 1978

 

6.1.30. National Credit Act 34 of 2005

 

6.1.31. Trade Marks Act 194 of 1993

 

6.1.32. Trust Property Control Act 57 of 1988

 

6.1.33. Unemployment Insurance Act 63 of 2001

 

6.1.34. Unemployment Insurance Contributions Act 4 0f 2002

 

6.1.35. Value Added Tax Act 89 of 1991

7. Schedule of records

7.1. General information about the Inclusive Society Institute can be accessed via the internet on www.inclusivesociety.org.za which is available to all persons who have access to the internet

7.2.The subjects on which the private body holds records and the categories on each subject in terms of Section 51(1)(e) are as listed below. Please note that a requester is not automatically allowed access to these records and that access to them may be refused in accordance with Sections 62 to 69 of the Act:

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8. Purpose of processing of personal information

8.1. The Inclusive Society Institute processes personal information:

8.1.1. To support engagement with the media

8.1.2. To support engagement with service providers

8.1.3. To support engagement with members, customers and the general public

8.1.4. To support engagement with industry bodies

8.1.5. To support the recruitment and management of staff

8.1.6. To support relationships with statutory and other authorities

8.1.7. To support sales and marketing activities

9. Data subjects categories and their personal information

9.1. The following data subjects, and personal information processed, have been identified by the organisation:

9.1.1. Employees: record of employee life cycle

9.1.2. Funders and donors: records as maintained by Public Affairs

9.1.3. Members

9.1.4. Corporate Customers

9.1.5. General public: tracking general enquiries and web site visits

9.1.6. Industry bodies: membership records

9.1.7. International Affiliates

9.1.8. Media: records of media interactions

9.1.9. Service providers: record of service provider life cycle

9.1.10. Statutory and other authorities: contact details

10. Planned recipients of personal information

10.1. Employee Provident Fund

10.2. Employee Benefits providers (Wellness, tax assist etc.)

10.3. Trade union

10.4. Medical Schemes

10.5. Recruitment Agencies

10.6. Telecommunication providers

10.7. Financial institutions

10.8. Funders and donors

10.9. Industry bodies

10.10. Operators (service providers)

10.11. Statutory authorities

10.12. Media

11. Planned trans-border flows of personal information

11.1. Flows to international affiliates.

11.2. Flows to operators (service providers)

11.3. Flows to donors and funders.

11.4. Flows through the use of social media.

12. Security measures to protect personal information

12.1. Physical security measures

12.2. Access controls

12.3. Home and mobile measures

12.4. Internal security measures

12.5. Cyber security measures

12.6. Anti-spam measures

12.7. Anti-virus measures

12.8. Firewalls

12.9. Password control

12.10. Training in information security and other POPIA requirements

12.11. Selective training of key staff

12.12. Policies for information security

12.13. Comprehensive coverage of all IT-related issues

12.14. Audits of information security

12.15. Provisions around security in all provider contracts/agreements

13. Form of request

13.1. The requester must complete Form C and submit this form together with a request fee, to the person delegated to deal with requests (for “the Information Officer”).

13.2. The form must be submitted using any of the methods noted below:

13.2.1. Postal Address: PO Box 12609, Mill Street, Cape Town, 8010

13.2.2. Physical Address: 1006 One Thibault, 1 Thibault Square, Cape Town, 8001

13.2.3. Tel: 021 201 1589

13.2.4. E-mail: admin@inclusivesociety.org.za

13.3. The requester must provide sufficient detail on the request form to enable the designated head to identify the record and the requester:

13.3.1. The requester should indicate which form of access is required.

13.3.2. 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.

13.3.3. 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.

13.3.4. 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 head of the private body.

13.3.5. A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee.

13.3.6. Every other requester, who is not a personal requester, must pay the required request fee

13.3.7. The Information 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.

13.3.8. The fee that the requester must pay to a private body is currently R50,00. The requester may lodge an application to the court against the tender or payment of the request fees.

13.3.9. After the Information Officer has made a decision on the request, the requester must be notified in the required form.

13.3.10. 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.

13.4. The Inclusive Society Institute has the right to reject any request for information submitted in terms of Sections 62 to 70 of Chapter 4 of PAIA.

14. Availability of the manual

14.1.This manual is available for inspection at the Head Offices of the Inclusive Society Institute, free of charge, or from the SAHRC.


Signature omitted for security reasons, signed copy available on request.


Information Officer of the Inclusive Society Institute: Daryl Swanepoel


Signed copy available on request.

15. Fees in respect of private bodies

15.1. 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:

15.1.1. In accordance with Part III of Regulation 187 published in the Government Gazette on 15 February 2002:

15.1.1. 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.

15.1.2. The fees for reproduction referred to in regulation 11(1) are as follows:

15.1.2.1 For every photocopy of an A4-size page or part thereof R1,10

15.1.2.2 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

15.1.2.3 For a copy in a computer-readable form on USB R 70,00

15.1.2.4 For a transcription of visual images, for an A4-size page or part thereof R 40,00

15.1.2.5 For a copy of visual images R 60,00

15.1.2.6 For a transcription of an audio record, for an A4-size page or part thereof R 20,00

15.1.2.7 For a copy of an audio record R 30,00

15.1.2. The request fee payable by a requester, other than a personal requester, referred to in Regulation 11(2) is R50,00.

15.1.3. The access fees payable by a requester referred to in Regulation 11(3) are as follows

15.1.3.1 For every photocopy of an A4-size page or part thereof R 1,10

15.1.3.2 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

15.1.3.3 For a copy in a computer-readable form on USB R 70,00

15.1.3.4 For a transcription of visual images, for an A4-size page or part thereof R 40,00;

15.1.3.5 For a copy of visual images R 60,00

15.1.3.6 For a transcription of an audio record, for an A4-size page or part thereof R 20,00;

15.1.3.7 For a copy of an audio record R 30,00

15.1.3.8 To search for and prepare the record for disclosure, R 30,00; for each hour or part of an hour reasonably required for such search and preparation.

15.1.4. For purposes of section 54(2) of the Act, the following applies:

15.1.4.1 Six hours as the hours to be exceeded before a deposit is payable

15.1.4.2 One third of the access fee is payable as a deposit by the requester.

15.1.5. The actual postage is payable when a copy of a record must be posted to a requester.

Note: This manual is based on “EXAMPLE OF A MANUAL FOR A PRIVATE BODY” issued by the South African Human Rights Commission, amended to meet the needs of the Inclusive Society Institute, with further additions to enhance its usefulness and comply with the Protection of Personal Information Act, No. 4 of 2013