PAIA Manual | NightJarr
NightJarr (Pty) Ltd
Prepared in accordance with Section 51 of the
Promotion of Access to Information Act, 2000 for the NightJarr
(Pty) Ltd (“the
Organisation”)
1. APPLICABILITY AND
AVAILABILITY OF THIS MANUAL (“Manual”)
1.1. The
Promotion of Access to Information Act, No 2 of 2000 (“the Act”)
gives effect to the constitutional right of access to any information in
records held by public or private bodies that is required for the exercise or
protection of any rights.
1.2. The
Act sets out the procedural requirements attached to requests for information,
the requirements which requests must meet as well as the grounds for refusing
requests.
1.3. The
Act also recognises that the right to access information must be balanced with
other rights and should be subject to limitations including, but not limited
to, limitations aimed at the reasonable protection of privacy and commercial
confidentiality.
1.4. This
Manual informs requesters of procedural and other requirements which a request
for information must meet, and further, this Manual in its entirety is available
for inspection, free of charge, at the Organisation’s offices and website (see
details below).
2. THE ORGANISATION’S CONTACT
DETAILS & PAIA HEAD
PAIA Head:
Ferdie
Bester
Postal/Physical
Address:
173 Oxford Road, Rosebank 2193
Telephone
Number:
+27 (0)11
083 9843
Website:
https://www.nightjarr.com
E-mail Address
of PAIA Head
3. SOUTH AFRICAN HUMAN RIGHTS
COMMISSION GUIDE
The South
African Human Rights Commission (“SAHRC”) is required, as directed by the Act, to compile a
guide containing information that may reasonably be required by a person who
wishes to exercise any right contemplated in the Act. The guide can be obtained
from the SAHRC. In this regard, enquiries should be directed to:
The South African Human Rights Commission:
Telephone
Number: (011) 484 8300
Fax Number:
(011) 484 7149
Website:
http://www.sahrc.org.za
4. SECTION 52 NOTICE: VOLUNTARY
DISCLOSURE AND AUTOMATIC AVAILABILITY OF CERTAIN RECORDS
This section
is not applicable, as there has been no voluntary disclosure.
5. THE ORGANISATION’S RECORDS
5.1. Information
is available in terms of the following legislation to the persons or entities
specified in such legislation:
5.1.1. Companies
Act, 71 of 2008
5.1.2. Income
Tax Act, 58 of 1962
5.1.3. Value
Added Tax, Act 89 of 1991
5.1.4. Labour
Relations Act, 66 of 1995
5.1.5. Basic
Conditions of Employment Act, 75 of 1997
5.1.6. Employment
Equity Act, 55 of 1998
5.1.7. Skills
Development Levies Act, 9 of 1999
5.1.8. Unemployment
Insurance Act, 30 of 1966
5.1.9. Compensation
of Occupational Injuries and Diseases Act, 130 of 1993
5.1.10. Occupational
Health & Safety Act, 85 of 1993
5.1.11. Electronic
Communications and Transactions Act, 25 of 2002.
5.1.12. Telecommunications
Act, 103 of 1996
5.2. 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 below:
5.2.1. Customer Records
"Customer" in the Manual refers to a natural person or
juristic entity that receives services from the Organisation. Customer records
include the following:
5.2.1.1. Any
such records which may pertain to products sold and/or services rendered by the
Organisation including:
5.2.1.1.1. records
provided by a third party and which are in the possession of the Organisation;
5.2.1.1.2. records
provided by a customer to a third party whilst acting for or on behalf of the
Organisation;
5.2.1.1.3. records
generated by or within the Organisation relating to its customers.
5.2.2. Supplier Records
“Supplier” in the Manual refers to a natural person or juristic
entity that provides services or goods to the Organisation. Supplier records
include the following:
5.2.2.1. Any
such records which may pertain to products bought and/or services received by
the Organisation including;
5.2.2.1.1. records
provided by a third party and which are in the possession of the Organisation;
5.2.2.1.2. records
provided by a supplier to a third party whilst acting for or on behalf of the
Organisation;
5.2.2.1.3. records
generated by or within the Organisation relating to its suppliers.
5.2.3. Personnel Records
"Personnel" in the Manual refers to any person who works
for or provides any service to or on behalf of the Organisation 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 Organisation, 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:
5.2.3.1. personal
records which are provided by the personnel themselves and/or by any other
third party;
5.2.3.2. internal
evaluation records as well as other internal records;
5.2.3.3. conditions
of the Personnel’s employment and other personnel-related contractual and legal
records;
5.2.3.4. correspondence
relating to personnel; and
5.2.3.5. such
training schedules, courses and material as have been provided from time to
time.
5.2.4. Private Body Records
“Private
Body” in this Manual refers to the
Organisation, and these are records which include, but are not limited to,
records pertaining to the affairs of the Organisation, and which include:
5.2.4.1. operational
records;
5.2.4.2. databases;
5.2.4.3. financial
records;
5.2.4.4. information
technology systems and documents;
5.2.4.5. internal
correspondence;
5.2.4.6. marketing
records;
5.2.4.7. product
and/or service records;
5.2.4.8. statutory
records;
5.2.4.9. documentation
pertaining to the processing operations as required by section 17 of the
Protection of Personal Information Act 4 for 2013;
5.2.4.10. internal
policies and procedures.
5.3. Records
held by third parties as well as those which pertain to third parties
5.3.1. Personnel,
customer or private body records which are in the possession of another party
on the Organisation’s behalf.
5.3.2. Records
held by the Organisation pertaining to other parties, including without
limitation, correspondence, financial records, product and service records,
contract records, and records which relate to the Organisation’s suppliers,
contractors and/or service providers.
6. GROUNDS FOR THE REFUSAL OF
ACCESS TO RECORDS
The
Organisation may refuse a request for information on, inter alia, the basis of
any of the following, as provided for in terms of Chapter 4 of the Act:
6.1. 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.
6.2. The
mandatory protection of the commercial information of a third party, if the
record contains:
6.2.1. trade
secrets pertaining to a third party;
6.2.2. 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; or
6.2.3. 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.
6.3. 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.
6.4. The
mandatory protection of the safety of individuals, and the protection of
property.
6.5. The
mandatory protection of records which would be privileged from discloser in
legal proceedings.
6.6. The
protection of the Organisation’s commercial activities which shall include but
not limited to records which contain:
6.6.1. the
Organisation’s trade secrets;
6.6.2. financial,
commercial, customer, scientific or technical information, which, if disclosed
could or would be likely to cause harm to the Organisation’s commercial or
financial interests;
6.6.3. information,
the disclosure of which could reasonably be expected:
6.6.3.1. to
put the Organisation at a disadvantage in contractual or other negotiations; or
6.6.3.2. to
prejudice the Organisation in commercial competition.
6.6.4. computer
programs owned by the Organisation and defined as such in terms of the
Copyright Act, No 98 of 1978.
6.7. The
mandatory protection of research information of the Organisation or a third
party, if disclosure would expose the identity of the Organisation or the third
party, the researcher or the subject matter of the research to serious
disadvantage.
6.8. Requests
for information that are, in the Organisation’s reasonable opinion, manifestly
frivolous or vexatious or which involve a substantial and unreasonable
diversion of resources.
7. REQUEST PROCEDURE
7.1. A
requester requiring access to information held by the Organisation is to make
such a request in the prescribed form and submit the request, together with the
prescribed fee and deposit, if applicable, to the Organisation’s PAIA Head at
the post, physical or email address as set out in clause 2 above.
7.2. The
prescribed form is available on request from the PAIA Head, and which must be
completed with enough particularity to enable the Organisation to identify:
7.2.1. the
record/s requested;
7.2.2. the
identity of the requester;
7.2.3. the
form of access required, if the request is granted;
7.2.4. the
postal address, fax number or email address of the requester.
7.3. The
requester must:
7.3.1. state
that the record is required in order to exercise or protect a right; and
7.3.2. provide
details of the nature of the right to be exercised or protected.
7.4. Subject
to the Organisation’s rights which pertain any extension as set out in the Act
relating to extensions in terms of the Act, it will process the request within
30 (thirty) days of receipt of a request unless the requester has submitted
special reasons to the Organisation, which the Organisation’s reasonable
satisfaction, support that the above time periods be dispensed with.
7.5. The
Organisation will give the requestor written notice of its decision as to
whether the request is granted, which written notice shall include the reasons
for denying such request, should such request be declined.
7.6. The
said 30 (thirty) day period may be extended for a further period not exceeding
30 (thirty) days if the request is for a large number of records, or the
request requires a search for information which cannot reasonably be obtained
within the original 30 (thirty) day period. The PAIA Head will notify the
requester in writing should an extension be sought.
7.7. If
a request is made on behalf of another person, such requester must submit, to
the reasonable satisfaction of the Organisation, proof of the capacity in which
the requester is making the request.
7.8. If
an individual is unable to submit a request in the prescribed form on account
of illiteracy or disability, such a person is entitled to make the request
orally.
7.9. The
requester is required to pay the prescribed fee, and deposit where applicable,
before the request will be considered.
8. ACCESS TO RECORDS
8.1. In
terms of the Act, a requestor will only be given access to a record held by the
Organisation if:
8.1.1. the
record is required for the exercise or protection of a right;
8.1.2. the
requestor has complied with all procedural requirements, set out herein and in
terms of the Act, relating to a request for access to a particular record
including making the request in the prescribed format; and
8.1.3. access
to that record is not refused on a ground for refusal as provided for in terms
of the Act.
9. REMEDIES AVAILABLE SHOULD THE
ORGANISATION REFUSE A REQUEST
9.1. Internal Remedies
The Organisation
does not have any internal appeal procedures.
9.2. External Remedies
A requester or
a third party, who is dissatisfied with the decision of the Organisation in
relation to a request for access to a record may, within 30 (thirty) days of
such decision apply to the High Court, or any other Court having jurisdiction,
for relief.
10. FEES
10.1. When
a request is received by the Organisation it will require the requester, on
notice, other than a personal request made in respect of a person’s own
personal records, to pay the prescribed request fee (if any), before further
processing the request.
10.2. If
the search for the record has been made and the preparation of the record for
disclosure would require more time than that prescribed for this purpose, the
PAIA Head will notify the requester to pay, as a deposit, the prescribed
portion of the access fee which would then be payable if the request is
granted.
10.3. The
Organisation will withhold a record until the requester has paid the prescribed
fees together with the deposit, where applicable.
10.4. A
requester whose request for access to a record has been granted, must pay an
access fee for reproduction as well as for the search and preparation thereof,
and for the time reasonably required in excess of the prescribed hours to
search for and prepare the record for disclosure.
10.5. If
a deposit has been paid in respect of a request which is refused, then the
Organisation shall repay the deposit to the requester.