2.1 The Promotion of Access to Information Act, No 2 of 2000 (“the Act”) gives effect to the constitutional right of access to any information and/or records held by public or private bodies that is required for the exercise or protection of any rights. The Act sets out the requisite procedural issues attached to such request, the requirements which such request must meet as well as the grounds for refusal or partial refusal of such request.

2.2 The Act recognises that the right to access to information cannot be unlimited

and should be subject to justifiable limitations, including, but not limited to:

Limitations aimed at the reasonable protection of privacy;
Commercial confidentiality; and
Effective, efficient and good governance;

and in a manner which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.

2.3 This PAIA Manual is useful for the public to-

2.3.1 check the categories of records held by a body which are available

without a person having to submit a formal PAIA request;

2.3.2 have a sufficient understanding of how to make a request for access to a record of the body, by providing a description of the subjects on which the body holds records and the categories of records held on each subject;

2.3.3 know the description of the records of the body which are available in

accordance with any other legislation;

2.3.4 access all the relevant contact details of the Information Officer and, if applicable, the Deputy Information Officer who will assist the public with the records they intend to access;

2.3.5 know the description of the guide on how to use PAIA, as updated by

the Regulator and how to obtain access to it;

2.3.6 know if the body will process Personal Information, the purpose of processing of Personal Information and the description of the categories of Data Subjects and of the information or categories of information relating thereto;

2.3.7 know the description of the categories of Data Subjects and of the information or categories of information relating thereto;

2.3.8 know the recipients or categories of recipients to whom the Personal

Information may be supplied;

2.3.9 know if the body has planned to transfer or process Personal Information outside the Republic of South Africa and the recipients or categories of recipients to whom the Personal Information may be supplied; and

2.3.10 know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of the Personal Information which is to be processed.

3. Contact Details & General Information

All requests for access to records in terms of the Act for the Bilimoria must be in writing and must be addressed to the Information Officer, at the contact details below;

Postal address: 18 Bell Street

Vincent

East London

5247

Physical address: 10 Bell Street

Vincent

East London

5247

Telephone number: (043) 726 6469

E-mail address: bilimoriafishing@telkomsa.net[RK1]

Website: www.bilimoria.co.za

Guide on how to use PAIA and how to obtain access to the Guide

4.1 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.

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

4.3 The aforesaid Guide contains the description of-

4.3.1 the objects of PAIA and POPIA;

4.3.2 the postal and street address, phone and fax number and, if available,

electronic mail address of-

4.3.2.1 the Information Officer of every public body, and

4.3.2.2 every Deputy Information Officer (“DIO”) of every public and private body designated in terms of section 17(1) of PAIA[1] and section 56 of POPIA[2];

4.3.3 the manner and form of a request for-

4.3.3.1 access to a record of a public body contemplated in

section 11[3]; and

4.3.3.2 access to a record of a private body contemplated in

section 50[4];

4.3.4 the assistance available from the IO of a private body in terms of PAIA

and POPIA;

4.3.5 the assistance available from the Regulator in terms of PAIA and

POPIA;

4.3.6 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-

4.3.6.1 an internal appeal;

4.3.6.2 a complaint to the Regulator; and

4.3.6.3 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;

4.3.7 the provisions of sections 14[5] and 51[6] requiring a public body and

private body, respectively, to compile a manual, and how to obtain

access to a manual;

4.3.8 the provisions of sections 15[7] and 52[8] providing for the voluntary

disclosure of categories of records by a public body and private body,

respectively;

4.3.9 the notices issued in terms of sections 22[9] and 54[10] regarding fees to

be paid in relation to requests for access; and

4.3.10 the regulations made in terms of section 92[11].

4.4 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.

4.5 The Guide can also be obtained-

4.5.1 upon request to the Information Officer;

4.5.2 from the website of the Regulator (https://www.justice.gov.za/inforeg/).

A copy of the Guide is also available in the following two official languages, for

public inspection, during normal office hours, at Bilimoria’s physical address -

English and isiXhosa[RK2] .

5. Records kept by Bilimoria

This clause serves as a reference to the records that the Bilimoria holds. It is recorded that the accessibility of the documents listed herein below, may be subject to the grounds of refusal set out hereinafter.

The information is classified and grouped according to records relating to the following subjects and categories:

5.1 Personnel Records

Personal records provided by employees;
Records provided by third parties relating to employees;
Conditions of employment and other employee-related contractual and quasi-legal records;
Internal evaluation records and other internal records;
Correspondence relating to employees;
Training schedules and material;

“Employee/s” refers to any person who works for, or provides services to or on behalf of Bilimoria, and receives or is entitled to receive remuneration and any other person who assists in carrying out or conducting the business of Bilimoria. This includes, without limitation, directors (executive and non-executive), members, all permanent, temporary and part-time staff, as well as contract workers.

5.2 Customer Related Records

Records provided by a customer to Bilimoria directly or to a third party acting for or on behalf of Bilimoria;
Records provided by a third party;
Records generated by or within Bilimoria relating to its customers, including transactional records;

A “customer” refers to any natural or juristic entity that receives any benefit, product or services from Bilimoria.

5.3 Private Body Records

Financial records
Operational records
Databases
Information Technology
Marketing records
Internal correspondence
Project records
Statutory records
Internal Policies and Procedures
Legal & Regulatory Records
Board documents
Organisational Information
Records held by officials of Bilimoria

These records include, but are not limited to, the records which pertain to Bilimoria’s own affairs.

5.4 Other Party Records

Personnel, customer or private body records which are held by another party, as opposed to the records held by Bilimoria itself;
Records held by Bilimoria pertaining to other parties, including without limitation, financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors/suppliers.
Bilimoria may possess records pertaining to other parties, including without limitation contractors, suppliers, subsidiary/holding/sister entities, joint venture companies, and service providers. Alternatively, such other parties may possess records that can be said to belong to Bilimoria.

5.5 Records kept in terms of other Legislation

5.5.1 Bilimoria is subject to many laws and regulations, some of which require us to keep certain records.

5.5.2 These laws are detailed in Appendix E attached hereto.

5.5.3 Note that the list is not exhaustive.

Information related to POPIA
1. Requests for Personal Information under POPIA must be made in accordance with the provisions of PAIA. This process is outlined in paragraph 7 below. Note that certain of the records disclosed in 5. above may meet the definition of Personal Information in terms of POPIA and access to same will be governed by this paragraph 6, and will need to be requested as per paragraph 7 below.
2. If we provide you with your Personal Information, you have the right to request the correction, deletion or destruction of your Personal Information, in the prescribed form. You may also object to the processing of your Personal Information in the prescribed form.
3. We have attached the prescribed forms to this Manual for your convenience.
4. We will give you a written estimate of the fee for providing you with your Personal Information, before providing you with the services. We may also require you to provide us with a deposit for all or part of the fee prior to giving you the requested Personal Information.
5. Purpose of processing
  1. POPIA provides that Personal Information may only be processed lawfully and in a reasonable manner that does not infringe your (the Data Subject’s) privacy.
  2. The type of Personal Information that we process will depend on the purpose for which it is collected. We will disclose to you why the Personal Information is being collected and will process the Personal Information for that purpose only.
6. Personal information that is processed; category of Data Subject; and category of Personal Information:
  1. Clients - Natural persons: names; contact details; physical and postal addresses; date of birth; ID number; tax related information; nationality; gender; confidential correspondence; health records; banking details.
  2. Clients – Juristic persons / entities: names of contact persons; name of legal entity; physical and postal address and contact details; financial information; registration number; founding documents; tax related information; authorised signatories; beneficiaries; ultimate beneficial owners.
  3. Contracted Suppliers / Service Providers / Contractors: Names of contact persons; name of legal entity; physical and postal address and contact details; financial information; registration number; founding documents; tax related information; authorised signatories, beneficiaries, ultimate beneficial owners
  4. Employees / Directors / Potential Personnel / Shareholders / Members / Employees’ family members / Temporary Staff: gender, pregnancy; marital status; race, age, language, education information; financial information; employment history; ID number; next of kin; physical and postal address; contact details; opinions, criminal behaviour and/or criminal records; well-being; trade union membership; external commercial interests; medical information.
  5. Website end-users / Application end-users: names, electronic identification data: IP address; log-in data, cookies, electronic localization data; cell phone details, GPS data.
7. Categories of recipients for purposes of processing Personal Information
  1. We may supply Personal Information to these potential recipients:
    1. Management;
    2. Employees;
    3. Temporary Staff; and
    4. Sub-contracted Operators or service providers.
  2. We may disclose Personal Information we collected to any of our associate entities or third-party service providers, with whom we engage in business or whose services or products we elect to use, including cloud services hosted in international jurisdictions.
  3. We endeavour to enter into written agreements to ensure that other parties comply with our confidentiality and privacy requirements. Personal information may also be disclosed where we have a legal duty or a legal right to do so.
8. Actual or planned trans-border flows of Personal Information
  1. We may disclose Personal Information we collected to our shareholders, members or third-party service providers, with whom we engage in business or whose services or products we elect to use, including cloud services hosted in international jurisdictions.
  2. We endeavour to enter into written agreements to ensure that other parties comply with our confidentiality and privacy requirements. Personal information may also be disclosed where we have a legal duty or a legal right to do so.
9. General description of information security measures
  1. Bilimoria employs appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of Personal Information and unlawful access to or processing of Personal Information. These measures include:
    1. Firewalls;
    2. Virus protection software and update protocols;
    3. Logical and physical access control;

6.9.1.4 Secure setup of hardware and software making up our

information technology infrastructure; and

6.9.1.5 Outsourced service providers who are contracted to implement

security controls.[RK3]

Request Procedure

7.1 Completion of the prescribed form

7.1.1 Any request for access to a record from a private body in terms of PAIA must substantially correspond with the form attached hereto marked Appendix A - FORM C - Request for access to record (Section 53(1) of PAIA) [Regulation 7].

7.1.2 A request for access to information which does not comply with the formalities as prescribed by PAIA will be returned to you.

7.2 Payment of the prescribed fees

7.2.1 A Fee may be payable, depending on the type of information requested, as described under Appendix B - Fees in respect of private bodies.

7.2.2 There are two categories of fees which are payable:

7.2.2.1 The request fee: R50

7.2.2.2 The access fee: This is calculated by taking into account reproduction costs, search and preparation costs, as well as postal costs.

7.2.3 Section 54 of PAIA entitles Bilimoria to levy a charge or to request a fee to enable it to recover the cost of processing a request and providing access to records. The fees that may be charged are set out in Regulation 9(2)(c) promulgated under PAIA.

7.2.4 Where a decision to grant a request has been taken, the record will not be disclosed until the necessary fees have been paid in full.

7.2.5 POPIA provides that a Data Subject may, upon proof of identity, request Bilimoria to confirm, free of charge, all the information it holds about the Data Subject and may request access to such information, including information about the identity of third parties who have or have had access to such information.

7.2.6 POPIA also provides that where the Data Subject is required to pay a fee for services provided to him/her, Bilimoria must provide the Data Subject with a written estimate of the payable amount before providing the service and may require that the Data Subject pays a deposit for all or part of the fee.

Objection

POPIA provides that a Data Subject may object, at any time, to the processing of Personal Information by Bilimoria, on reasonable grounds relating to his/her particular situation, unless legislation provides for such processing. The Data Subject must complete the prescribed form attached hereto as Appendix C - FORM 1 - Objection to the processing of Personal Information in terms of section 11(3) of POPIA Regulations relating to the protection of Personal Information, 2018 [Regulation 2] and submit it to the Information Officer at the postal or physical address, facsimile number or electronic mail address set out above.

Correction
1. A Data Subject may also request Bilimoria to correct or delete Personal Information about the Data Subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or destroy or delete a record of Personal Information about the Data Subject that Bilimoria is no longer authorised to retain records in terms of POPIA's retention and restriction of records provisions.
2. A Data Subject that wishes to request a correction or deletion of Personal Information or the destruction or deletion of a record of Personal Information must submit a request to the Information Officer at the postal or physical address, facsimile number or electronic mail address set out above on the form attached hereto as Appendix D - FORM 2 - Request for correction or deletion of Personal Information or destroying or deletion of record of Personal Information in terms of section 24(1) of POPIA’s Regulations relating to the protection of Personal Information, 2018 [Regulation 3]

Proof of Identity

Proof of identity is required to authenticate a requester’s identity and the request. A requester will, in addition to this prescribed form, be required to submit acceptable proof of identity such as a certified copy of his/her/its identity document or other legal forms of identity.

Timelines for Consideration of a Request for Access
1. Requests will be processed within 30 (thirty) days, unless the request contains considerations that are of such a nature that an extension of the time limit is needed.
2. Should an extension be required, you will be notified, together with reasons explaining why the extension is necessary.

Grounds for Refusal Of Access and Protection of Information
1. There are various grounds upon which a request for access to a record may be refused. These grounds include:

12.1.1 the protection of Personal Information of a third person (who is a natural

person) from unreasonable disclosure;

12.1.2 the protection of commercial information of a third party (for example:

trade secrets; financial, commercial, scientific or technical information

that may harm the commercial or financial interests of a third party);

12.1.3 if disclosure would result in the breach of a duty of confidence owed to

a third party;

12.1.4 if disclosure would jeopardise the safety of an individual or prejudice or

impair certain property rights of a third person;

12.1.5 if the record was produced during legal proceedings, unless that legal

privilege has been waived;

12.1.6 if the record contains trade secrets, financial or sensitive information or

any information that would put Bilimoria at a disadvantage in negotiations

or prejudice it, if applicable, in commercial competition; and/or

12.1.7 if the record contains information about research being carried out or

about to be carried out on behalf of a third party or by Bilimoria.

12.1.8 Section 70 of PAIA contains an overriding provision. Disclosure of a

record is compulsory if it would reveal (i) a substantial contravention of,

or failure to comply with the law; or (ii) there is an imminent and serious

public safety or environmental risk; and (iii) the public interest in the

disclosure of the record in question clearly outweighs the harm

contemplated by its disclosure.

12.1.9 If the request for access to information affects a third party, then such

third party must first be informed within 21 (twenty-one) days of receipt

of the request. The third party would then have a further 21 (twenty-

one) days to make representations and/or submissions regarding the

granting of access to the record.

Remedies available to a Requester on Refusal of Access
1. If the Information Officer decides to grant a requester access to the particular record, such access must be granted within 30 (thirty) days of being informed of the decision.
2. There is an appeal procedure that may be followed after a request to access information has been refused, which will be described in the correspondence addressed to you by the Information Officer.
3. In the event that you are not satisfied with the outcome of the appeal, you are entitled to apply to the Information Regulator or a court of competent jurisdiction to take the matter further.
4. 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.

Availability of this Manual
1. Copies of this Manual are available for inspection, free of charge, at the registered offices of Bilimoria at the address listed above
2. Copies will also be made available on the Bilimoria website.[RK4]

Approval & Version Control

Original 1.0

15 April 2025

Version 2.0

Version 3.0

Version 4.0

Version 5.0

This manual (Version 1.0) was approved on 15 April 2025.

__________________________ __________________________

Dave Vallabh

Managing Member/Information Officer

Appendix A

FORM 2

REQUEST FOR ACCESS TO RECORD

[Regulation 7]

NOTE:

Proof of identity must be attached by the requester.
If requests made on behalf of another person, proof of such authorisation, must be attached to this form.

TO: The Information Officer

(Address)

E-mail address:

Fax number:

Mark with an "X"

Request is made in my own name Request is made on behalf of another person.

PERSONAL INFORMATION

Full Names

Identity Number

Capacity in which request is made (when made on behalf of another person)

Postal Address

Street Address

E-mail Address

Contact Numbers

Tel. (B):

Facsimile:

Cellular:

Full names of person on whose behalf request is made (if applicable):

Identity Number

Postal Address

Street Address

E-mail Address

Contact Numbers

Tel. (B)

Facsimile

Cellular

PARTICULARS OF RECORD REQUESTED

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. All additional pages must be signed.)

Description of record or relevant part of the record:

Reference number, if available

Any further particulars of record

TYPE OF RECORD

(Mark the applicable box with an "X")

Record is in written or printed form

Record comprises virtual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc)

Record consists of recorded words or information which can be reproduced in sound

Record is held on a computer or in an electronic, or machine-readable form

FORM OF ACCESS

(Mark the applicable box with an "X")

Printed copy of record (including copies of any virtual images, transcriptions and information held on computer or in an electronic or machine-readable form)

Written or printed transcription of virtual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc)

Transcription of soundtrack (written or printed document)

Copy of record on flash drive (including virtual images and soundtracks)

Copy of record on compact disc drive(including virtual images and soundtracks)

Copy of record saved on cloud storage server

MANNER OF ACCESS

(Mark the applicable box with an "X")

Personal inspection of record at registered address of public/private body (including listening to recorded words, information which can be reproduced in sound, or information held on computer or in an electronic or machine-readable form)

Postal services to postal address

Postal services to street address

Courier service to street address

Facsimile of information in written or printed format (including transcriptions)

E-mail of information (including soundtracks if possible)

Cloud share/file transfer

Preferred language

(Note that if the record is not available in the language you prefer, access may be granted in the language in which the record is available)

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 pages.

Indicate which right is to be exercised or protected

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

FEES

A request fee must be paid before the request will be considered.

b) You will be notified of the amount of the access fee to be paid.

c) 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 of any fee, please state the reason for exemption

Reason

You will be notified in writing whether your request has been approved or denied and if approved the costs relating to your request, if any. Please indicate your preferred manner of correspondence:

Postal address

Facsimile

Electronic communication

(Please specify)

Signed at this day of 20

Signature of Requester / person on whose behalf request is made

FOR OFFICIAL USE

Reference number:

Request received by:

(State Rank, Name And Surname of Information Officer)

Date received:

Access fees:

Deposit (if any):

Signature of Information Officer

Appendix B

FEES IN RESPECT OF PRIVATE BODIES

1. The “request fee” payable by a requester, other than a personal requester, referred to in section 54(1) of the Act, is R50

2. The “fees for reproduction” referred to in section 52(3) and “access fees” payable by a requester referred to in section 54(7), unless exempted under section 54(8) of the Act, are as follows:

(a) for every photocopy of an A4-size page or part thereof - R1 - R10

(b) for every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form - R0 - R75

(i) compact disc - R70

(d) (i) for a transcription of visual images, for an A4-size page or part thereof - R40;

(ii) for a copy of visual images - R60

(e) (i) for transcription of an audio record, for an A4-size page or part thereof - R20;

(ii) for a copy of an audio record - R30

(f) To search for the record for disclosure, R30 for each hour or part of an hour reasonably required for such search.

The actual postal fee is payable when a copy of a record must be posted to a requester Exemptions from paying “access fees”

Person or persons exempted from paying access fees:

(i) A single person whose annual income does not exceed R 14,712.00; or

(ii) Married persons or a person and his/her life partner whose annual income does not exceed R 27,192.00

Appendix C

FORM 1 - OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION

IN TERMS OF SECTION 11(3) OF POPIA

REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018

[Regulation 2]

Note:

Affidavits or other documentary evidence as applicable in support of the objection may be attached.
If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.
Complete as is applicable.

DETAILS OF DATA SUBJECT

Name(s) and surname/ registered name of data subject:

Unique Identifier/ Identity Number

Residential, postal or business address:

Code ( )

Contact number(s):

Fax number / E-mail address:

DETAILS OF RESPONSIBLE PARTY

Name(s) and surname / Registered name of responsible party:

Residential, postal or business address:

Code ( )

Contact number(s):

Fax number/ E-mail address:

REASONS FOR OBJECTION IN TERMS OF SECTION 11(1)(d) to (f) (Please provide detailed reasons for the objection)

Signed at .......................................... this ...................... day of ...........................20………...

.........................................................................

Signature of data subject/designated person

Appendix D

FORM 2

REQUEST FOR CORRECTION OR DELETION OF PERSONAL INFORMATION OR DESTROYING OR DELETION OF RECORD OF PERSONAL INFORMATION IN TERMS OF SECTION 24(1) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)

REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018

[Regulation 3]

Note:

1. Affidavits or other documentary evidence as applicable in support of the request may be attached.

2. If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.

3. Complete as is applicable.

Mark the appropriate box with an "x".

Request for:

Correction or deletion of the personal information about the data subject which is in possession or under the control of the responsible party.

Destroying or deletion of a record of personal information about the data subject which is in ossession or under the control of the responsible party and who is no longer authorised to retain the record of information.

DETAILS OF THE DATA SUBJECT

Name(s) and surname / registered name of data subject:

Unique identifier/ Identity Number:

Residential, postal or business address:

Code ( )

Contact number(s):

Fax number/E-mail address:

DETAILS OF RESPONSIBLE PARTY

Name(s) and surname / registered name of responsible party:

Residential, postal or business address:

Code ( )

Contact number(s):

Fax number/ E-mail address:

INFORMATION TO BE CORRECTED/DELETED/ DESTRUCTED/ DESTROYED

REASONS FOR *CORRECTION OR DELETION OF THE PERSONAL INFORMATION ABOUT THE DATA SUBJECT IN TERMS OF SECTION 24(1)(a) WHICH IS IN POSSESSION OR UNDER THE CONTROL OF THE RESPONSIBLE PARTY; and/or

REASONS FOR *DESTRUCTION OR DELETION OF A RECORD OF PERSONAL INFORMATION ABOUT THE DATA SUBJECT IN TERMS OF SECTION 24(1)(b) WHICH THE RESPONSIBLE PARTY IS NO LONGER AUTHORISED TO RETAIN.

(Please provide detailed reasons for the request)

Signed at .......................................... this ...................... day of ...........................20………...

...........................................................................

Signature of data subject/ designated person

Appendix E

Table of Legislation

Records are kept in accordance with such other legislation as is applicable to the Bilimoria, which includes, but is not limited to, the following legislation:

Administration of Estates Act, No. 66 of 1965

Arbitration Act No. 42 of 1965

Basic Conditions of Employment Act, No. 75 of 1997

Broad Based Black Economic Empowerment Act, No. 53 of 2003

Companies Act, No. 71 of 2008

Companies Act, No.61 of 1973

Constitution of South Africa Act, No. 108 of 1996

Consumer Protection Act, No. 68 of 2008

Electronic Communications and Transactions Act, No. 2 of 2000

Employment Equity Act, No. 55 of 1998

Financial Intelligence Centre Act, No. 38 of 2001

Income Tax Act, No. 58 of 1962

Income Tax Act, No. 95 of 1967

Insolvency Act, No. 24 of 1936

Labour Relations Act, No. 66 of 1995

Occupational Health and Safety Act, No. 85 of 1993

Promotion of Access to Information Act, No. 2 of 2000

Promotion of Equality and Prevention of Unfair Discrimination Act, No. 4 of 2000

Protected Disclosures Act, No. 26 of 2000

Protection of Constitutional Democracy against Terrorist and Related Activities Act, No. 33 of 2004

Protection of Personal Information Act, No. 4 of 2013

Regulation of Interception of Communications and Provisions of Communication Related Information Act, No. 70 of 2002

Skills Development Act, No. 97 of 1997

Skills Development Levy Act, No. 9 of 1999

Tax Administration Act, No. 28 of 2011

Tobacco Products Control Act, No. 12 of 1999

Unemployment Insurance Act, No. 63 of 2001

Value-added Tax Act. No. 89 of 1991

[1] Section 17(1) of PAIA- For the purposes of PAIA, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records.

[2] Section 56(a) of POPIA- Each public and private body must make provision, in the manner prescribed in section 17 of the Promotion of Access to Information Act, with the necessary changes, for the designation of such a number of persons, if any, as deputy information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA.

[3] Section 11(1) of PAIA- A requester must be given access to a record of a public body if that requester complies with all the procedural requirements in PAIA relating to a request for access to that record; and access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

[4] Section 50(1) of PAIA- A requester must be given access to any record of a private body if-

that record is required for the exercise or protection of any rights;
that person complies with the procedural requirements in PAIA relating to a request for access to that record; and
access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

[5] Section 14(1) of PAIA- The information officer of a public body must, in at least three official languages, make available a manual containing information listed in paragraph 4 above.

[6] Section 51(1) of PAIA- The head of a private body must make available a manual containing the description of the information listed in paragraph 4 above.

[7] Section 15(1) of PAIA- The information officer of a public body, must make available in the prescribed manner a description of the categories of records of the public body that are automatically available without a person having to request access

[8] Section 52(1) of PAIA- The head of a private body may, on a voluntary basis, make available in the prescribed manner a description of the categories of records of the private body that are automatically available without a person having to request access

[9] Section 22(1) of PAIA- The information officer of a public body to whom a request for access is made, must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

[10] Section 54(1) of PAIA- The head of a private body to whom a request for access is made must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

[11] Section 92(1) of PAIA provides that –“The Minister may, by notice in the Gazette, make regulations regarding-

(a) any matter which is required or permitted by this Act to be prescribed;

(b) any matter relating to the fees contemplated in sections 22 and 54;

(d) uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to be made available in terms of section 15; and

(e) any administrative or procedural matter necessary to give effect to the provisions of this Act.”

[RK1]It would be preferable to have a dedicated email for this purpose as it could have consequences if an emailed request is lost or ignored.

[RK2]Both versions need to be downloaded and physical copies need to be on hand at the Vincent Branch in case someone comes in and asks for same.

[RK3]Highlighted content is merely illustrative, Bilimoria IT to insert actual information security measures in place.

[RK4]Ensure that this is implemented.