PAIA Manual

Introduction

The Promotion of Access to Information Act gives effect to the constitutional right of access to any information held by the state and any information that is held by another person and that is required for the exercise or protection of any rights.

Specifically, section 51(1) of the Act provides that within six months after the commencement of this section (now the 31st August 2005) or within six months after coming into existence of the private body concerned, the head of a private body must compile a manual that must contain information regarding the subjects and categories of records held by such private bodies.

In this context, a “private body” is defined as any natural person who carries or has carried on any trade, business or profession, but only in such capacity or any partnership which carries or has carried on any trade, business or profession or any former or existing juristic person (e.g. any company, close corporation or business trust).

Nyama & Chips falls within the definition of a “private body” and this Manual has been compiled in accordance with the said provisions and to fulfil the requirements of the Act.

In terms of the Act, where a request for information is made to a body, there is an obligation to provide the information, except where the Act expressly provides that the information may not be released. In this context, Section 9 of the Act recognises that access to information can be limited. The limitation relates to circumstances where such release would pose a threat to the protection of privacy, commercial confidentiality, and the exercising of efficient governance.

Accordingly, this manual provides a reference to the records held by Nyama & Chips and the process that needs to be adopted to access such records.

 

 

COMPANY CONTACT DETAILS: SECTION 51(1) (A) 

Name of Business: Nyama & Chips.

Operations Manager: Mr. Blessmore Moyo
Position: Operations Manager
Postal Address: PO Box 652212 Bemore, Benmore Gauteng 2010
Street address: 173 Kelvin Drive, Morningside, Sandton, 2196

Phone Number: 011 656 1000
Email Address: blessmorem@nyamaandchips.co.za

THE ACT: SECTION 51(1) (B)

 

The Act grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights that the requester may have. If a public body lodges a request, the public body must be acting in the public interest.

 

Requests in terms of the Act shall be made in accordance with the prescribed procedures and be subject to the prescribed rates. The forms and tariff are dealt with in paragraphs 6 and 7 of the Act.

 

Requesters are referred to the PAIA Guide compiled by the South African Human Rights Commission. Section 10 of the PAIA Guide will contain information for the purpose of exercising Constitutional Rights. The PAIA Guide is available from the South African Human Rights Commission.

 

The contact details of the South African Human Rights Commission are as follows:

Postal Address: Private Bag 2700, Houghton, Johannesburg, 2041

Telephone Number: (+27)11 877 3600

Fax Number: (+27)11 403 0625 

Website: www.sahrc.org.za

 

 

 

S52 (2) NOTICE: Section 51(1) (C)

At date of signature of this manual no notices relevant to the Company have been published by the Minister of Justice and Constitutional Development under section 52(2) of the Act. 

 

APPLICABLE LEGISLATION: SECTION 51(1)(D) NO. ACT REFERENCE

1. Basic Conditions of Employment Act No. 75 of 1997

2. Companies Act No. 61 of 1973

3. Compensation for Occupational Injuries and Diseases Act No. 130 of 1993

4. Copyright Act No. 98 of 1978

5. Electronic Communications and Transactions Act No. 25 of 2002

6. Employment Equity Act No. 55 of 1998

7. Income Tax Act No. 95 of 1967

8. Labour Relations Act No. 66 of 1995

9. National Environmental Management Act No. 107 of 1998

10. Promotion of Access of Information Act No. 2 of 2000

11. Protection of Personal Information Act No. 4 of 2013

12. Public Holidays Act No. 36 of 1994

13. Unemployment Insurance Act No. 30 of 1996

14. Value Added Tax Act No. 89 of 1991 

 

SCHEDULE OF RECORDS HELD BY THE COMPANY: SECTION 51(1) (E)

All the records are available on request in terms of PAIA

Companies Act Records

1.Documents of Incorporation

2.Share Certificates

3.Company Registration Documents

Financial Records

1. Financial Statements

2. Financial and Tax Records (Company and employees)

3. Accounting Records

4. Banking Records

5. Rental Agreements

6. Invoices

Income Tax Records

1. PAYE Records

2. Documents issued to

employees for Income Tax

purpose

3. Records of payments made

to SARS on behalf of

employees

4. All other statutory

documentation related to:

a. VAT

b. UIF

c. Worksmen Compensation

 

Personal Documents and Records

1. Employment Contracts

2. Employment Equity Plan

3. Medical Aid Records

4. Pension Fund Records

5. Disciplinary Records

6. Salary Records

7. Disciplinary code

8. Leave Records

9. Training Records

10.Training Manuals

Contractual Records

1. Written Contracts

2. Memorandum of Undertaking

relating to the commercial

trading activities of the

Company

PROCEDURE TO FOLLOW WHEN SUBMITTING A REQUEST FOR ACCESS: SECTION 51(1) (E)

1. The requester must complete Form C and submit this form together with request fee, to the Group CEO of the Company;

 

2. The form must be submitted to the Group CEO of the Company at the street address and via the electronic mail addresses, as outlined in clause 2 above;

 

3. The form must provide sufficient particulars to enable the Group CEO of the Company to identify the record(s) requested and to identify the requester;

 

4. The requester must:

 

  1. indicate which form of access is required;

  2. specify his/her postal address or fax number which must be in the Republic of South Africa;

  3. identify the right that the requester is seeking to exercise or protect, and provide an explanation of why the requested record is required for the exercise or protection of that right;

 

5. If, in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, the requester must state that manner and the necessary particulars to be informed in such other manner;

 

6. If the requester is made on behalf of another person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the Group CEO of the Company.

 

PRESCRIBED FEES: SECTION 51(1)(F)

 

1. The following applies to requests that are not personal requests (a personal request is a requester who seeks information about himself or herself or his/her next of kin. Personal requests are exempted from paying fees. In addition, if the information is about a deceased individual, then the requester will also be exempted from paying fees.

 

2. Every other request which is not a personal request is required to pay the prescribed fees set out in section 51(1) (f) of the Act (“the Fees”). The access fee of R50.00 must be paid before a request will be processed. The Fees must be paid to the Company by way of electronic funds transfer into the Company’s bank account, the details of which are as follows:

 

Bank:

Branch:

Branch Code:

Account Number:

Account Type:

Reference: PAIA request & Requester’s surname

 

Please note that proof of payment must be submitted to the following email addresses:

blessmorem@nyamaandchips.co.za; mario@masavgroup.com

 

If the preparation of the requested record(s) requires more than the prescribed hours (six hours), a deposit shall be paid equal to not more than one third of the Fees which would be payable if the request were granted (“the Deposit”).

 

A requester may lodge an application to court against the payment of the Fee and/or the Deposit.

 

Records may be withheld until the Fees and/or Deposit have been paid.

 

The Fees structure is available on the website of the South African Human Rights Commission at www.sahrc.org.za.

  • REMEDIES AVAILABLE TO REQUESTERS IF THEIR REQUEST FOR INFORMATION HAS BEEN REFUSED

    • The Act provides for an internal appeal procedure in terms of sections 74 and 75 of the Act. The Minister, as defined in the Act, is the relevant authority to review any decision taken on appeal.

  • An aggrieved party still has an opportunity to approach the courts if dissatisfied with the decision of the relevant authority.