Promotion of Access to Information Act (PAIA) Manual
(As Required By Section 51 Of Act No. 2 Of 2000, PAIA)
(“THE ACT”)
TABLE OF CONTENTS
- INTERPRETATION……………………………………………………………………………. 1
- AIM……………………………………………………………………………………………….. 2
- DETAILS………………………………………………………………………………………… 2
- CONTACT DETAILS OF THE HEAD OF THE COMPANY AND
REQUEST LIAISON OFFICER……………………………………………………………… 2
- HUMAN RIGHTS COMMISSION (“HRC”) GUIDE…………………………………….. 3
- RECORDS THAT ARE AUTOMATICALLY AVAILABLE TO EITHER
EMPLOYEES ONLY OR THE GENERAL PUBLIC AND EMPLOYEES……………….. 3
- RECORDS HELD BY THE COMPANY IN TERMS OF OTHER LEGISLATION AS CONTEMPLATED IN SECTION 51(1)(D) OF THE
ACT……………………………………………………………………………………………….. 3
- OTHER TYPES OF RECORDS HELD BY THE COMPANY AS
CONTEMPLATED IN SECTION 51(1)(C)……………………………………………….. 4
- PROCESS OF REQUESTING INFORMATION NOT AUTOMATICALLY
AVAILABLE…………………………………………………………………………………….. 5
- FEES PAYABLE………………………………………………………………………………… 7
- INFORMATION OR RECORDS NOT FOUND……………………………………………. 7
- INFORMATION REQUESTED ABOUT A THIRD PARTY……………………………… 7
- UPDATING OF MANUAL…………………………………………………………………….. 8
ANNEXURES
FORM A FORM B FORM C
1 INTERPRETATION
In this document, clause headings are for convenience and shall not be used in its interpretation unless the context clearly indicates a contrary intention –
- an expression which denotes –
- any gender includes the other genders;
- a natural person includes an artificial or juristic person and vice versa;
- the singular includes the plural and vice versa;
- the following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings –
- “this document” – this document together with all of its annexures, as amended from time to time;
- “the company” –SA Beauty Shop (Pty) Ltd;
- “the Act” – Promotion of Access to Information Act No. 2 of 2000, as amended from time to time including the regulations promulgated in terms of the Act;
- “request liaison officer” – the person duly authorised by the head of the company and appointed by the company to facilitate or assist the head of the company with any request in terms of the
- any reference to any statute, regulation or other legislation shall be a reference to that statute, regulation or other legislation as at the signature date, and as amended or substituted from time to time;
- if any provision in a definition is a substantive provision conferring a right or imposing an obligation on any party then, notwithstanding that it is only in a definition, effect shall be given to that provision as if it were a substantive provision in the body of this document;
- where any term is defined within a particular clause other than this, that term shall bear the meaning ascribed to it in that clause wherever it is used in this document;
- where any number of days is to be calculated from a particular day, such number shall be calculated as excluding such particular day and commencing on the next day. If the last day of such number so calculated falls on a day which is not a business day, the last day shall be deemed to be the next succeeding day which is a business day;
- any reference to days (other than a reference to business days), months or years shall be a reference to calendar days, months or years, as the case may be;
- the use of the word “including” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example/s;
- insofar as there is a conflict in the interpretation of or application of this document and the Act, the Act shall prevail;
- this document does not purport to be exhaustive of or comprehensively deal with every procedure provided for in the Act. A requester is advised to familiarise his/her/itself with the provisions of the Act before lodging any request with the company.
2 AIM
To facilitate the requests for access to records of the company as provided for in the Act.
3 DETAILS & INTRODUCTION
SA Beauty Shop are a proudly South African company that provides healthy alternatives and encourages healthy living. Established in 2022, the company offers the latest in new health ideas with a national customer base.
Full name: SA Beauty Shop (Pty) Ltd
Registration No: 2022/358954/07
Postal Address: 7 Border Road
Sea Park, Kwa-Zulu Natal, 4241
Physical Address: 7 Border Road
Sea Park, Kwa-Zulu Natal, 4241
Docex : 111, Port Shepstone
Telephone : +27 69 150 4876
Telefax : +27 86 482 8030
Website : https://sabeautyshop.co.za
Email : shaun@sabeautyshop.co.za
4 CONTACT DETAILS OF THE HEAD OF THE COMPANY AND REQUEST LIAISON OFFICER
- The head of the company is Mr Shaun Murray. His contact details are – Telephone : (069) 150-4876
Telefax : (086) 482-8030
Email : shaun@sabeautyshop.co.za
- The request liaison officer is Mr Shaun Murray.
Telephone : (069) 150-4876
Telefax : (086) 482-8030
Email : shaun@sabeautyshop.co.za
5 HUMAN RIGHTS COMMISSION (“HRC”) GUIDE
- The HRC has compiled a guide, as contemplated in section 10 of the Act, containing information to assist any person who wishes to exercise any right as contemplated in the
- The contact details of the HRC are –
Postal address : Private Bag 2700, Houghton, 2041
Telephone : +27 11 484 8300
Telefax : +27 11 484 0582
Email : tsebulela@sahrc.org.za
6 RECORDS THAT ARE AUTOMATICALLY AVAILABLE TO EITHER EMPLOYEES ONLY OR THE GENERAL PUBLIC AND EMPLOYEES
- The following records are automatically available to all employees and need not be requested in accordance with the procedure outlined in paragraph 9 –
- personnel records are available to the employee whose file it is;
- records of disciplinary hearings and related matters are available to the employee concerned;
- the company’s policies and procedures manual;
- the company’s document format
- The following records are automatically available to the general public and all employees and need not be requested in accordance with the procedure outlined in paragraph 9 –
- the company’s employment equity plan;
- the company’s skills development
7 RECORDS HELD BY THE COMPANY IN TERMS OF OTHER LEGISLATION AS CONTEMPLATED IN SECTION 51(1)(D) OF THE ACT
The following records are not automatically available without a request in terms of the Act –
- all statutory returns –
- VAT;
- workmen’s compensation;
- UIF;
- regional services levies; and
7.1.5 skills development levies.
- documents concerning compliance by the company, insofar as it may be necessary, with legal obligations in terms of the Attorneys Act No. 53 of 1979, the Occupational Health and Safety Act No. 85 of 1993 and any other applicable environmental
8 OTHER TYPES OF RECORDS HELD BY THE COMPANY AS CONTEMPLATED IN SECTION 51(1)(C)
These records are not automatically available without a request in terms of the Act. A request in terms of this section is subject to section 63(1) of the Act, which provides that the head of a company must refuse a request for access to a record of the company if the disclosure of the record would involve the unreasonable disclosure of personal information about a third party including a deceased individual.
8.1 Human Resources department
- Personnel information including personal information, employment history and health records that the company may hold from time to
- Training and development
- General files containing information on employee benefits and employee recruitment and selection
8.2 Information technology
- Usage
- Equipment
- Costings of hardware and
8.3 Companies department
8.3.1 Company secretarial records. Documents of incorporation
8.3.2 Memorandum of Incorporation
8.3.3 Minutes of Board of Directors meetings
8.3.4 Records relating to the appointment of directors / auditor / secretary / public officer and other officers
8.3.5 Share Register and other statutory registers
8.4 Finance/Accounts department
- Financial
- A list of the company’s creditors and
- Salary
- Bank account
- Fixed assets
8.5 Marketing department
- Company brochures and
- Documents relating to public relation
- Company media
8.6 Support services
- Delivery and collection
- List of
9 SALES DEPARTMENT
9.1.2 Customer details
9.1.3 Credit application information
9.1.4 Information and records provided by a third party
10 PROCESS OF REQUESTING INFORMATION NOT AUTOMATICALLY AVAILABLE
- A request shall be made on the prescribed form. A copy of the form is attached marked annexure “A” (“the prescribed form“). The form is also available from the website of the HRC, or the website of the Department of Justice and Constitutional Development at doj.gov.za.
- The prescribed form shall be submitted to the request liaison officer at her address, telefax number or e-mail address, who shall hand it to the head of the
- The same procedure as set out in 9.1 and 9.2 applies if the requester is requesting information on behalf of another person or on behalf of a permanent employee of the
- The head of the company, as soon as reasonably possible and within thirty days after the request has been received, shall decide whether or not to grant the
- The requester will be notified of the decision of the head of the company or the request liaison officer in the manner indicated by the
- If the request is granted, the requester shall be informed by the head of the company or the request liaison officer in the manner indicated by the requester in the prescribed
- Notwithstanding the foregoing, the company will advise the requester in the manner stipulated by the requester in the prescribed form of –
- the access fee to be paid for the information (in accordance with paragraph 10);
- the format in which access will be given; and
- the fact that the requester may lodge an appeal with a court of competent jurisdiction against the access fee charged or the format in which access is to be
- After access is granted, actual access to the record requested will be given as soon as reasonably
- If the request for access is refused, the head of the company or the request liaison officer shall advise the requester in writing of the refusal. The notice of refusal shall state –
- adequate reasons for the refusal;
- that the requester may lodge an appeal with a court of competent jurisdiction against the refusal of the request (including the period) for lodging such an
- Upon the refusal by the head of the company or the request liaison officer, the deposit paid by the requester will be
- If the head of the company or the request liaison officer fails to respond within thirty days after a request has been received, it is deemed, in terms of section 58 read together with section 56(1) of the Act, that the head of the company or the request liaison officer has refused the
- The head of the company may decide to extend the period of thirty days (“original period“) for another period of not more than thirty days if –
- the request is for a large number of records;
- the search for the records is to be conducted at premises not situated in the same town or city as the head office of the company;
- consultation among divisions or departments, as the case may be, of the company is required;
- the requester consents to such an extension in writing; and
- the parties agree in any other manner to such an
- Should the company require an extension of time, the requester shall be informed in the manner stipulated in the prescribed form of the reasons for the extension.
- The requester may lodge an appeal with a court of competent jurisdiction against any extension or against any procedure set out in this
11 FEES PAYABLE
- The fees for reproduction of a record as referred to in section 52(3) are as follows –
- for every photocopy of an A4 size page or part thereof R1,10
- for every printed copy of an A4-size page or part thereof R0,75
- for a copy of a compact disc R70,00
- for a transcript of visual images for an A4 size page or part thereof
R40,00
- for a copy of visual images R60,00
- for a transcript of an audio record, for an A4-size page or part thereof R20,00
- for a copy of an audio record R30,00
- The request fee payable, other than a personal requester is R50,00
- If the head of the company or if the request liaison officer is of the opinion that six hours will be exceeded to search, reproduce and/or prepare the information requested, a deposit is payable equal to one-third of an amount of R30 for each hour or part thereof, exceeding the six
12 INFORMATION OR RECORDS NOT FOUND
- If all reasonable steps have been taken to find a record, and such a record cannot be found or if the records do not exist, then the head of the company or the request liaison officer shall notify the requester, by way of an affidavit or affirmation, that it is not possible to give access to the requested
- The affidavit or affirmation shall provide a full account of all the steps taken to find the record or to determine the existence thereof, including details of all communications by the head of the company or the request liaison officer with every person who conducted the
- The notice, as set out in 11.1, shall be regarded as a decision to refuse a request for access to the record concerned for the purposes of the
- If the record in question should later be found, the requester shall be given access to the record in the manner stipulated by the requester in the prescribed form unless access is refused by the head of the company or the request liaison
- The attention of the requester is drawn to the provisions of Chapter 4 of Part 3 of the Act in terms of which the company may refuse, on certain specified grounds, to provide information to a
13 INFORMATION REQUESTED ABOUT A THIRD PARTY
- Section 71 of the Act makes provision for a request for information or records about a third
- In considering such a request, the company will adhere to the provisions of sections 71 to 74 of the
- The attention of the requester is drawn to the provisions of Chapter 5 of Part 3 of the Act in terms of which the company is obliged, in certain circumstances, to advise third parties of requests lodged in respect of information applicable to or concerning such third parties. In addition, the provisions of Chapter 2 of Part 4 of the Act entitle third parties to dispute the decisions of the head of the company or the request liaison officer by referring the matter to the High Court.
14 UPDATING OF MANUAL
The company may update this manual every six months or at such intervals as may be necessary
ANNEXURE A FORM A
REQUEST FOR ACCESS TO RECORD OF PUBLIC BODY
(Section 18(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000))
[Regulation 6]
- Particulars of public body
The Information Officer/Deputy Information Officer:
Full names and surname:
Identity number: Postal address:
Fax number:
Telephone number: E-mail: Capacity in which request is made, when made on behalf of another person
C Particulars of person on whose behalf request is made
Full names and surname:
Identity number:
- Description of the record or relevant part of the record:
- Reference number, if available:
- Any further particulars of the record:
E. Fees
Reason for the exemption from payment of fees:
If you are prevented by disability to read, view of or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required. | ||||||||
Disability: |
Form in which record is required: |
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Mark the appropriate box with an X.
NOTES: (a) Compliance with your request for access in the specified form may depend on the form in which the record is available. (b) 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. (c) The fee payable for the access to the record, if any, will be determined partly by the form in which access is requested. |
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1. If the record is in written or printed form: |
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copy of record* |
inspection of record |
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2. If the record consists of visual images- (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.): |
||||||||
view the images | copy of the images* | transcription of the images* | ||||||
3. If record consists of recorded words or information which can be reproduced in sound: |
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listen to the soundtrack (audio cassette) | transcription of soundtrack* (written or printed document) | |||||||
4. If record is held on computer or in an electronic or machine-readable form: |
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printed copy of record* | printed copy of information derived from the record* | copy in computer readable form* (stiffy or compact disc) | ||||||
*If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you? Postage is payable. |
YES | NO |
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. | ||
In which language do you prefer the record? | ||
How would you prefer to be informed of the decision regarding your request for access to the record?
Signed at this day of .
SIGNATURE OF REQUESTER / PERSON ON
WHOSE BEHALF REQUEST IS MADE
FORM B
NOTICE OF INTERNAL APPEAL
(Section 75 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000))
[Regulation 8]
- Particulars of public body
The Information Officer/Deputy Information Officer:
B. Particulars of requester/third party who lodges the internal appeal
Full names and surname:
Identity number: Postal address:
Fax number: Telephone number: E-mail: Capacity in which and internal appeal on behalf of another person is lodged:
Full names and surname:
Identity number:
D. The decision against which the internal appeal is lodged
Mark the decision against which the internal appeal is lodged with an X in the appropriate box: |
|
Refusal of request for access | |
Decision regarding fees prescribed in terms of section 22 of the Act | |
Decision regarding the extension of the period within which the request must be dealt with in terms of section 26(1) of the Act | |
Decision in terms of section 29(3) of the Act to refuse access in the form requested by the requester |
|
Decision to grant request for access |
- Grounds for appeal
State the grounds on which the internal appeal is based:
State any other information that may be relevant in considering the appeal:
State the manner:
Particulars of manner:
Signed at this day of .
SIGNATURE OF APPELLANT
FOR DEPARTMENTAL USE: OFFICIAL RECORD OF INTERNAL APPEAL: Appeal received on (date) by
(state rank, name and surname of information officer/deputy information officer). Appeal accompanied by the reasons for the information officer’s/deputy information officer’s decision and, where applicable, the particulars of any third party to whom or which the record relates, submitted by the information officer/deputy information officer on (date) to the relevant authority.
OUTCOME OF APPEAL: DECISION OF INFORMATION OFFICER/DEPUTY INFORMATION OFFICER CONFIRMED/NEW DECISION SUBSTITUTED NEW DECISION: |
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DATE RELEVANT AUTHORITY
RECEIVED BY THE INFORMATION OFFICER/DEPUTY INFORMATION OFFICER FROM THE RELEVANT AUTHORITY ON (date): |
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FORM C
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act 2000 (Act No. 2 of 2000))
[Regulation 10]
- Particulars of public body
The Head:
B. Particulars of person requesting access to the record
Full names and surname:
Identity number: Postal address:
Fax number: Telephone number: E-mail: Capacity in which request is made, when made on behalf of another person:
Full names and surname:
Identity number:
D. Particulars of record
- Description of the record or relevant part of the record:
- Reference number, if available:
- Any further particulars of the record:
Reason for the exemption from payment of fees:
F. Form of access to record
If you are prevented by disability to read, view of or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required. | |
Disability: |
Form in which record is required: |
Mark the appropriate box with an X.
NOTES: (a) Compliance with your request for access in the specified form may depend on the form in which the record is available. (b) 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. (c) The fee payable for the access to the record, if any, will be determined partly by the form in which access is requested. |
1. If the record is in written or printed form: |
|||||||
copy of record* |
inspection of record |
||||||
2. If the record consists of visual images- (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.): |
|||||||
view the images | copy of the images* | transcription of the images* | |||||
3. If record consists of recorded words or information which can be reproduced in sound: |
|||||||
listen to the soundtrack (audio cassette) | transcription of soundtrack* (written or printed document) | ||||||
4. If record is held on computer or in an electronic or machine-readable form: |
|||||||
printed copy of record* | printed copy of information derived from the record* | copy in computer readable form* (stiffy or compact disc) | |||||
*If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you? Postage is payable. |
YES | NO |
- Particulars of right to be exercised or protected
- 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:
H. Notice of decision regarding request for access
How would you prefer to be informed of the decision regarding your request for access to the record?
Signed at this day of .
SIGNATURE OF REQUESTER / PERSON ON
WHOSE BEHALF REQUEST IS MADE