1. The records listed below, which need to be requested in terms of PAIA and/or POPIA, will not in all instances be provided to a requester. In other words, the records held under the various subjects are not automatically available and access to them is subject to the nature of the information contained in the record, as well as the grounds of refusal as set out in PAIA that may be applicable to a request for such records. (See also paragraph 6.1.4 below.) The procedure in terms of which such records may be requested from the Company is set out in paragraph 6.1 below.
2. Categories of records that may be requested in terms of PAIA and/or POPIA:

1. 1.4 For purposes of POPIA:
   1. For the purposes of facilitating a request for personal information, the information below includes details of the purpose of the processing of personal information by the Company, a description of the categories of data subjects and of the information or categories of information relating to data subjects held by the Company, the recipients or categories of recipients to whom personal information may be supplied, planned transborder flows of personal information, and a general description allowing a preliminary assessment of the suitability of the information security measures to be implemented by the Company to ensure the confidentiality, integrity and availability of the information which is to be processed.
   2. In terms of POPIA, a requester to whom certain personal information relates may request the Company to confirm, free of charge, whether or not it holds personal information about that particular requester.
   3. A requester may make a request that the Company provides the record or a description of the personal information about the requester which is held by it, including information about the identity of third parties, or categories of third parties, who have, or have had, access to the information. This request must be made within a reasonable time, in a reasonable manner, and format, at a fee, and in a form that is generally understandable.
   4. Categories of data subjects and categories of personal information relating thereto:

1. Purposes of processing:

1. Likely recipients:

1. Planned transborder flows of personal information:
   1. No
2. General description of information security measures:

1. The Request Procedure
   1. Form of request
      1. A request for access to records held by the Company in terms of section 53 of PAIA must be made on the form contained in the Regulations regarding the Promotion of Access to Information (Form C). A copy of the form is attached as Schedule B to the Manual. The request must be made to the [information officer / deputy information officer] of the Company at the address, telefax number or e-mail address specified in paragraph 2 above.
      2. The requester must provide sufficient detail on the prescribed form to enable the [information officer / deputy information officer] of the Company to identify the record and the identity of the requester. If a request is made on behalf of another person or entity, the requester must submit details and proof of the capacity in which the requester is making the request, which must be reasonably satisfactory to the [information officer / deputy information officer]. The requester is also required to indicate which form of access to the relevant records is required, and to provide her/his/its contact details in South Africa.
      3. For the purposes of Form C, the requester must comply with all the procedural requirements in PAIA relating to a request for access to the relevant records.
      4. The Company 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 the Company 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, or that it is necessary to protect the research information of a third party or the Company itself.
      5. 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 the Company’s possession but cannot be found, or it does not exist, then the information officer or deputy information officer will, by way of an affidavit or affirmation, notify the requester that it is not possible to give access to that record.
      6. The Company is required to inform a requester in writing of its decision in relation to a request. If the requester wishes to be informed of the Company’s decision in another manner as well, this must be set out in the request and the relevant details included in order to allow the Company to inform the requester in the preferred manner.
      7. The Company will make a decision in relation to a request for records within 30 days of receiving it, unless a third party notification and intervention, as contemplated in Chapter 5 of PAIA, applies.
   2. Fees
      1. A requester who seeks access to records containing personal information about her/him/it, is not required to pay a request fee. Requesters who earn less than R14,712.00 per year (if single) and R27,192 per year (if married or in a life partnership), do not have to pay access fees. In all other instances, a request fee at the prescribed rate is payable.
      2. The fees for reproduction of information that is automatically available from the Company, referred to in paragraph 5.5 above (a section 52 request), are as follows:

1. The request fee and fees for reproduction for information which needs to be requested in terms of PAIA and/or POPIA, referred to in paragraph 5.8 above (a section 53 request) are as follows:

1. The request fee may be paid at the time a request is made or the person authorised to deal with such requests on the Company’s behalf may notify the requester that s/he/it needs to pay the request fee before processing the request any further. A requester may apply to the court to be exempted from the requirement to pay the request fee.
2. Where a request for access to a record or records held by the Company is granted, the requester also has to pay an access fee for the reproduction of the record or records, and for the search for and the preparation of the records for disclosure. The Company is entitled to withhold a record until the required access fees have been paid.
3. Persons who are requesting access to their personal information are exempt from paying a request fee but they are still required to pay the access fee and reproduction fee, if applicable.
4. In addition, if the search for and preparation of the record or records requested takes more than 6 hours, the Company may charge R30.00 for each hour or part thereof which is required for the search for and preparation of the records. The requester may make an application to the court to be exempted from the requirement to pay this deposit. If a deposit is made and access to the records requested is subsequently refused, the deposit will be repaid to the requester.

The Company does not have an internal appeal procedure. As such, the decision made by the information officer or deputy information officer is final, and requestors will have to exercise such external remedies at their disposal if the request for information is refused, and the requestor is not satisfied with the answer supplied by the information officer or deputy information officer.

1. External remedy

Where a requester is not satisfied by a decision made by information officer or deputy information officer of the Company, s/he/it may apply to court for relief within 180 days of receiving the decision that has caused the grievance. The application can be made to a Magistrate’s Court or High Court.

1. Other information as may be prescribed

Currently, the Regulations published in terms of PAIA, under Government Notice R187 in Government Gazette 23119 of 15 February 2002, set out, among other things, the fees which may be charged by private bodies for the reproduction of records (provided in the table above). No new Regulations have since been published and the last amendments to the Regulations were made in April 2021.

1. Availability of the Manual

This Manual is available at the offices of the Company at the address set out in paragraph 2 above, as well as on the Company’s website.

1. Acknowledgement

The Manual has been based on an original template supplied by the SAHRC.

SCHEDULE A

AUTOMATICALLY AVAILABLE RECORDS AND ACCESS TO SUCH RECORDS:

(Section 52 of the Promotion of Access to Information Act, 2000)

(the PAIA)

[Regulation 9A]

SCHEDULE B

REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY

(Section 53(1) of the Promotion of Access to Information Act, 2000)

[Regulation 10]

1. Particulars of private body:

The Information Officer / Deputy Information Officer:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

1. Particulars of person requesting access to the record:

(a) The particulars of the person who requests access to the record must be given below.

(b) The address and / or fax number in the republic to which the information is to be sent must be given.

(c) Proof of the capacity in which the request is made, if applicable, must be attached.

Full names and surname: ID:

Postal address:

Telephone number: Fax number: __________________________

E-mail address:

Capacity when made on behalf of another person: _______________________________________________

1. Particulars of person on whose behalf request is made

This section must be completed only if a request for information is made on behalf of another person.

Full names and surname:

Identity number:

1. Particulars of record

Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located. If the provided space is inadequate, please continue on a separate page and attach it to this form. The requester must sign all the additional pages.

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

1. Description of record or relevant part of the record: ________________________________________________

____________________________________________________________________________________________________

2. Reference number, if available: ___________________________________________________________________

3. Any further particulars of record: ___________________________________________________________________

______________________________________________________________________________________________________

1. Fees
   • A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
   • You will be notified of the amount required to be paid as the request fee.
   • The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.
   • If you qualify for exemption of the payment fee, please state the reason for exemption:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

(Reason for exemption from payment of fees)

1. Form of access to record

If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 below, state your disability and indicate in which form the record is required.

Disability: Form in which record is required: ___________________________________

NOTES:

Mark the appropriate box below with an X.

• Compliance with your request in the specified form may depend on the form in which the record is available.
• Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
• The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.

* If you require a copy or transcription of record (above), do you wish the copy or transcription to be posted to you? (yes / no) ______________________ (postage is payable).

1. Particulars of right to be exercised or protected

If the provided space is inadequate, please continue on a separate page and attach it to this form. The requester must sign all the additional folios.

1. Indicate which right is to be exercised or protected:

_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2. Explain why the record requested is required for the exercise or protection of the aforementioned right:

_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

1. Notice of decision regarding request for access

You will be notified in writing within 30 days whether your request has been approved / denied. Such period may, in certain circumstances, be extended in terms of PAIA. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your request for access to the record?

Signed at________________________ this ____ day of _________________________ 20___

___________________________________________

SIGNATURE OF REQUESTER /

PERSON ON WHOSE BEHALF REQUEST IS MADE