Wessels and Smith Incorporated
(A Private Body)
PAIA Manual prepared in accordance with Section 51 of the Promotion of Access to Information Act No. 2 of 2000 in respect of Wessels and Smith Incorporated
1INTRODUCTION
1.1
This Manual has been prepared in accordance with section 51 of the Promotion of Access to Information Act No.2 of 2000 ("PAIA").
1.2
The aim of the Manual is to assist potential Requesters to request access to information (documents, records and/or Personal Information) from W & Sand all W & S's Associated Affiliates as contemplated under PAIA.
1.3
The Manual may be amended from time to time and as soon as any amendments have been affected, the latest version of the Manual will be published and distributed in accordance with PAIA.
1.4
A Requester is invited to contact the Deputy Information Officers should he or she require any assistance in respect of the use or content of this Manual.
1.5
The definitions provided in this Manual are solely for the purpose of this Manual and are not to be taken as applicable to PAIA.
2DEFINITIONS
The following words or expressions will bear the following meanings in this Manual -
2.1
'W&S" means Wessels and Smith Incorporated (registration number 1996/015391/21), a professional company which renders legal services including legal advice and legal representation to individual clients, businesses and organizations;
2.2
"Client" means a natural or juristic person who or which receives services and/or products from W&S;
2.3
"Correspondence" means any written and/or electronic communication exchanged between two or more parties;
2.4
"Data Subject" means the natural or juristic person to whom Personal Information relates.
2.5
"Deputy Information Officer" means any or all of W & S's designated deputy information officers described in paragraph 6 of this Manual;
2.6
"Employee" means any person who works for, or provides services to, or on behalf of W & S, and receives or is entitled to receive remuneration;
2.7
"Information Officer" means W & S's designated information officer;
2.8
"Manual" means this manual, together with all annexures thereto as amended and made available on the website of W & S and at the offices of W & S from time to time;
2.9
"PAIA" means the Promotion of Access to Information Act No. 2 of 2000, together with any regulations published thereunder;
2.10
"POPIA" means the Protection of Personal Information Act No. 4 of 2013, together with any regulations published thereunder;
2.11
"Personal Information" has the meaning ascribed thereto under POPIA, provided that Personal Information shall be deemed to mean any information relating to an identified or identifiable natural person;
2.12
"Processing" means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including -
2.12.1
the collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation, or use;
2.12.2
dissemination by means of transmission, distribution or making available in any other form by electronic communications or other means; or
2.12.3
merging, linking, blocking, degradation, erasure, or destruction. For the purposes of this definition, "Process" has a corresponding meaning;
2.13
"Requester" means any person or entity (including any Data Subject) requesting access to a record that is under the control of W & S; and
2.14
"Third-Party" means any independent contractor, agent, consultant, sub-contractor, or other representative of W & S.
3SCOPE OF THE MANUAL
This Manual has been prepared in respect of, and applies to, W & S and where applicable, the W & S Associated Affiliates. Any reference to W & S under this Manual shall specifically include, where applicable, the W & S Associated Affiliates.
4HOW TO USE PAIA TO ACCESS INFORMATION
(Information provided in terms of section 51(1) of PA/A)
4.1
PAIA grants a Requester access to records of a private body if the record is required for the exercise or protection of any rights. If a public body lodges a request in terms of PAIA, the public body must be acting in the public interest.
4.2
Requests in terms of PAIA shall be made in accordance with the prescribed procedures, and at the prescribed fees.
4.3
A guide on how to use PAIA must be compiled by the Information Regulator and when same is available, will be accessible (in various official languages) on the Information Regulator's website and on our website or you may request a copy of the guide from us by contacting our Information Officer. All queries should be directed to:
The Information Regulator of South Africa
Physical Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Postal Address: P.O Box 31533, Braamfontein, Johannesburg, 2017
E-mail: Enquiries@inforegulator.org.za
Complaints: PAIAComplaints@inforegulator.org.za/ POPIAComplaints@inforegulator.org.za
Website: https://inforegulator.org.za/
Tel: 010 023 5200
Fax: 086 500 3351
5WESSELS AND SMITH'S CONTACT DETAILS
(Information required under section 51(1)(a) of PA/A)
Name of Body: | Wessels and Smith Incorporated |
|---|---|
Physical & Postal Addresses: | 26-28 Heeren Street First Floor Wessels and Smith Building Welkom 9460 |
Head of Body | Name: Mr Danie Botha E: jpdbotha@wessmith.co.za T: +27 057 391 9800 |
Information Officer | Name: Mr Danie Botha E: jpdbotha@wessmith.co.za T: +27 057 391 9800 |
Deputy Information Officer | Name: Mrs Bianca janse van Rensburg E: bianca@wessmith.co.za T: +27 057 391 9800 |
6WESSELS AND SMITH'S PROCESSING OF PERSONAL INFORMATION IN TERMS OF POPIA
(Information required under section 51(1)(c) of PA/A)
6.1Purpose of Wessels & Smith's Processing of Personal Information (see section 51(1)(c)(i) of PA/A)
6.1.1
W & S will only Process a Data Subject's Personal Information for a specific, lawful, and clear purpose (or for specific, lawful, and clear purposes) and will ensure that it makes the Data Subject aware of such purpose(s) as far as possible.
6.1.2
It will ensure that there is a legal basis for the Processing of any Personal Information. Further, W & Swill ensure that Processing will relate only to the purpose for and of which the Data Subject has been made aware (and where relevant, consented to) and will not Process any Personal Information for any other purpose(s).
6.1.3
W & Swill process Personal Information only in ways that are for, or compatible with, the business purposes for which the data was collected or that are subsequently authorised by the relevant Data Subject.
6.1.4
W & Swill retain Personal Information only for as long as is necessary to accomplish W & S's legitimate business purposes or for as long as may be permitted or required by applicable law.
6.1.5
W & S uses Personal Information for one or more of the following non-exhaustive purposes:
6.1.5.1
For the purposes of providing its services to the Data Subject from time to time;
6.1.5.2
Personal Information is processed as part of the "Know Your Customer" / "KYC" process as per the requirements of the Financial Intelligence Centre Act No. 38 of 2001;
6.1.5.3
Personal Information is processed in order to conduct due diligence processes on W & S Clients;
6.1.5.4
Personal Information is processed in order to comply with obligations imposed on the W & S under the Based Black Economic Empowerment Act No. 53 of 2003 ("BEE Act") read together with the Department of Trade and Industry's Codes of Good Practice on Broad-Based Black Economic Empowerment published in terms of Government Gazette No. 36928 on 11 October 2013 under section 9(1) of the BEE Act, as amended or reissued from time to time;
6.1.5.5
Personal Information is processed for the purposes of performing general information technology- related functions for all business functions within the W & S;
6.1.5.6
for purposes of interacting with you on our website and monitoring your use our website, including for purposes of improving same;
6.1.5.7
Personal Information is processed in connection with internal audit purposes (i.e. ensuring that the appropriate internal controls are in place in order to mitigate the relevant risks, as well as to carry out any investigations where this is required);
6.1.5.8
Personal Information is processed for employment-related purposes such as administering payroll, assessing credit and criminal history, and determining Employment Equity Act No. 55 of 1998 statistics;
6.1.5.9
To respond to any correspondence that the Data Subject may send to W & S, including via email, W & S's site(s) or by telephone;
6.1.5.10
In connection with the execution of payment processing functions, including payment of W & S's suppliers' invoices;
6.1.5.11
To contact the Data Subject for direct marketing purposes subject to the provisions of clause 7.1 below;
6.1.5.12
For such other purposes to which the Data Subject may consent from time to time; and
6.1.5.13
For such other purposes as authorized in terms of applicable law.
6.2
Categories of Data Subjects and of the Personal Information relating thereto
6.2.1
W & S collects Personal Information directly from the Data Subject and/or from Third Parties, and where W & S obtains Personal Information from Third Parties, W & Swill ensure that it obtains the consent of the Data Subject to do so or will only Process the Personal Information without the Data Subject's consent where W & S is permitted to do so in terms of the applicable laws.
6.2.2
Data Subjects in respect of which Personal Information is Processed include Clients of W & S, employees and candidates, and service providers.
6.2.3Categories of Personal Information collected by Wessels & Smith (see section 51(1)(c)(ii) of PAIA)
6.2.4
Examples of Third Parties from whom Personal Information is collected include other W & S Associated Affiliates; our clients when W & S handles Personal Information on their behalf; regulatory bodies; credit reference agencies (such as, for example, Experian, TransUnion, Compuscan and XDS); other companies providing services to W & S (such as, for example, Lexis Nexis and other legal information services) and where W & S makes use of publicly available sources of information.
6.2.5
W & S may collect all types of Personal Information, including Special Personal Information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including but not limited to:
6.2.5.1
name, address (including proof of address), other contact details (e.g. email and telephone numbers), gender, marital status, date and place of birth, nationality, employer, job title, financial records and employment history, and family details, including their relationship to you;
6.2.5.2
identification numbers issued by government bodies or agencies, such as your identity number, passport number, tax identification number and driving licence number and company registration number;
6.2.5.3
demographic information such as your address, preferences, and interests; information relevant to the provision of our products and services; information relevant to the procurement of products and services from suppliers;
6.2.5.4
bank account or payment card details, income, or other financial information;
6.2.5.5
information that you provide to us as part of us providing products and services to you, which depends on the nature of your instructions to any employee;
6.2.5.6
special or sensitive personal information as defined in applicable data protection legislation, including information about your health, racial or ethnic origin, political opinions, religious or philosophical beliefs and trade union membership; your genetic and biometric information; information about your sex life;
6.2.5.7
relevant information as required by applicable laws, including anti-money laundering legislation and as part of our client onboarding procedures, including evidence of source of funds;
6.2.5.8
information you provide to us for the purposes of attending meetings and events, including dietary requirements which may reveal information about your health or religious beliefs;
6.2.5.9
still and video images captured by CCTV at our offices. (We may use CCTV to help provide a safe and secure environment and you may be recorded when you visit our offices); and
6.2.5.10
identity data, contact data and special personal information from publicly available sources or third parties, service providers and the like who conduct screening on any employee, clients, or service providers for anti-money laundering purposes.
6.3Recipients or categories of recipients to whom Personal Information may be supplied (see section 51(1)(c)(iii) of PAIA)
6.3.1
W & S may share your Personal Information the W & S Associated Affiliates, third parties engaged by us, or our business partners, to assist us to provide our services to you. Such third parties or business partners may include:
6.3.1.1
hosting, data storage or archiving service providers and payment processing;
6.3.1.2
professional advisors; and
6.3.1.3
marketing, research, and advertising agencies.
6.3.2
W & S may be required to disclose Personal Information in response to a court order, subpoena, civil discovery request, other legal process, or as otherwise required by law as per statutory authorities and/or the lawful order of any Court or Tribunal. We may disclose Personal Information when we believe disclosure is necessary to comply with the law or to protect the rights, property, or safety of W & S, our Clients, or others.
6.3.3
W & Swill comply with POPIA before transferring Personal Information to a Third-Party who is not a contractor of W & S. Before transferring Personal Information to a Third-Party contractor, such as an authorised service provider, W & Swill obtain assurances from the Third- Party that it will process Personal Information in a manner consistent with POPIA. Where W & S learns that a Third-Party contractor is using or disclosing Personal Information in a manner contrary to W & S will take reasonable steps to prevent such use or disclosure.
6.3.4
We reserve the right to disclose and transfer a Data Subject's information, including their Personal Information in connection with a corporate merger, consolidation, the sale of all of our membership interests and/or assets or other corporate change, including to any prospective purchasers.
6.4Planned Transborder Flows of Personal Information (see section 51(1)(c)(iv) of PA/A)
In carrying out any cross-border transfers, W & S shall adhere to the provisions of POPIA.
6.5
Information Security Measures (see section 51{1)(c)(v) of PA/A)
6.5.1
The security and confidentiality of Personal Information is important to W & S. We have implemented reasonable technical, administrative, and physical security measures to protect Personal Information from unauthorised access or disclosure and improper use.
6.5.2
We are committed to ensuring that our security measures which protect your Personal Information are continuously reviewed and updated where necessary.
6.5.3
In Processing any Personal Information, W & S shall comply with the following minimum technical and organisational security requirements -
6.5.3.1
Physical Access - Access to Personal Information is restricted in our offices and only to those Employees who need the Personal Information to perform a specific job / task.
6.5.3.2
Employee Training - All Employees with access to Personal Information are kept up to date on our security and privacy practices. After a new policy is added, these Employees are notified and/or reminded about the importance we place on privacy, and what they can do to enhance protection for the Personal Information of all Data Subjects.
6.5.3.2.1
Unique User Identification - Employees each ha'(e a unique user ID assigned to them, subject to strict confidentiality undertakings in terms of W & S's password and confidentiality policy.
6.5.3.3
Passwords - W & S shall ensure that there are passwords required for any access to Personal Information in line with its password policy.
6.5.3.4
Physical access and privileges - W & S ensure that access to Personal Information is limited to Employees on a "need to know" basis, and W & S Employees are required to strictly utilize their unique user ID and applicable passwords to access same.
6.5.3.5
Back-ups - W & S ensures that all Personal Information is backed-up regularly, based on operational or legal requirements, and that back up testing is conducted regularly in order to ensure that Personal Information can be recovered in the event that such Personal Information is lost, damaged, or destroyed.
6.5.3.6
Malware protection - W & S ensures that its environment has comprehensive malware protection software employed, which software is specifically designed to protect W & S from the most recent malware infections.
6.5.3.7
Vulnerability scanning - W & S frequently conducts vulnerability scanning in order to assess whether Personal Information is adequately protected from external threats.
6.5.3.8
Systems Review- W & S conducts regular reviews of its technical and organizational security measure system in order to ensure that all of the above security measures are functioning effectively and applied consistently.
7INFORMATION HELD BY WESSELS & SMITH INC IN TERMS OF PAIA
(Information required under section 51(1)(b)(iv) of PA/A)
7.1
This section of the Manual sets out the categories and descriptions of records held by W & S.
7.2
The inclusion of any category of records should not be taken to mean that records falling within that category will be made available under PAIA. In particular, certain grounds of refusal as set out in PAIA may be applicable to a request for such records. These records include:
7.2.1Financial/ accounting records
7.2.1.1
Annual financial statements
7.2.1.2
Tax returns
7.2.1.3
Audit reports conducted for W & S
7.2.1.4
Invoices in respect of creditors and debtors of W & S
7.2.1.5
Fidelity Fund certificates
7.2.1.6
Bank facilities and account details
7.2.1.7
Details of accounting officer or auditors
7.2.1.8
Formal books of account and other financial statements
7.2.1.9
Source documents
7.2.1.10
Banking records
7.2.1.11
Management reports
7.2.2Company records
7.2.2.1
Company name documents
7.2.2.2
Company registration documents
7.2.2.3
Founding statement or Memorandum of Incorporation
7.2.2.4
Share register and other statutory registers
7.2.2.5
Minutes of meetings
7.2.3Human Resources records
7.2.3.1
List of employees
7.2.3.2
Contracts of employment with employees of W & S
7.2.3.3
Personnel records of each employee of W & S
7.2.3.4
Disciplinary records
7.2.3.5
Compensation or redundancy payments
7.2.3.6
Records relating to conditions of employment
7.2.3.7
Employment Equity Plan of W & S
7.2.3.8
Pension and provident fund records
7.2.3.9
Employee tax information
7.2.3.10
Training schedules and manuals
7.2.3.11
Agreements with clients of W & S
7.2.3.12
Files relating to client matters
7.2.3.13
Payroll records
7.2.3.14
Internal policies and procedures
7.2.4Client records
7.2.4.1
Client documentation in terms of Financial Intelligence Centre Act No. 38 of 2001
7.2.4.2
Correspondence with clients
7.2.4.3
Correspondence with third parties
7.2.4.4
Records regarding legal proceedings involving clients at W & S
7.2.4.5
Research conducted on behalf of clients of W & S
7.2.4.6
Other information relating to, or held on behalf of W & S clients
7.2.5Intellectual property
7.2.5.1
Trademarks, copyrights, and designs held by W & S Incorporated
7.2.5.2
Software licences
7.2.5.3
Records relating to domain names
7.2.6Immovable and movable property records
7.2.6.1
Agreements for the lease of immovable property by W & S
7.2.6.2
Agreements for the lease or sale of movable property by W & S
7.2.6.3
Records regarding insurance in respect of movable property
7.2.6.4
Records regarding insurance in respect of immovable property
7.2.6.5
Asset register
7.2.7Information technology
7.2.7.1
Records regarding computer systems and programmes held by W & S
7.2.7.2
Precedent database
7.2.8Library information
7.2.8.1
Electronic and hard copy publications of books, periodicals, circulars, and legislation
7.2.9Marketing
7.2.9.1
Website - W & S lncorporated's website address is www.wessmith.co.za and is accessible to anyone who has access to the Internet. The website contains various categories of information relating to the firm, including areas of expertise; legal services; specialist fields; editorials; literature; careers; directors' resumes and contact details.
7.2.9.2
Marketing materials
7.2.9.3
Marketing campaign history
7.2.9.4
Marketing agreements
7.2.10Miscellaneous
7.2.10.1
Security agreements, guarantees and indemnities
7.2.10.2
Internal correspondence
7.2.10.3
Suretyship agreements
7.2.10.4
Correspondence with the Legal Practice Council
7.2.10.5
Agreements with suppliers of W & S
7.2.10.6
Correspondence of W & S, including internal and external memoranda
8INFORMATION KEPT BY W & SIN ACCORDANCE WITH OTHER LEGISLATION
(Information required under section 51(1)(b)(iii) of PA/A)
8.1
Records are kept in accordance with legislation applicable to W & S, which includes but is not limited to, the following:
8.1.1Basic Conditions of Employment Act 75 of 1997
8.1.1.1
Employee details
8.1.1.2
Labour relation reports
8.1.1.3
Dismissals for dishonesty-related behaviour
8.1.1.4
Information on disability, trade union membership, race, and religion
8.1.1.5
Employee next of kin or emergency contact details
8.1.1.6
Conflict-of-interest declarations
8.1.1.7
Education information
8.1.1.8
Health and safety records
8.1.1.9
Pension and provident fund records
8.1.1.10
Leave records
8.1.1.11
Internal evaluations and performance records
8.1.1.12
Disciplinary records
8.1.1.13
Training records
8.1.1.14
Background checks
8.1.2Broad-Based Black Economic Empowerment Act 53 of 2003
8.1.2.1
Skills development section on the Financial Services Council report
8.1.2.2
BBBEE status
8.1.2.3
BBBEE status of suppliers
8.1.2.4
Supplier employee information
8.1.2.5
Contractor and supplier agreements
8.1.2.6
List of suppliers, products, services, and distributors
8.1.3Companies Act 2008
8.1.3.1
Company registration records
8.1.3.2
Corporate governance documents
8.1.3.3
Engagement letters
8.1.3.4
Meeting minutes
8.1.3.5
Correspondence or enquiries from clients
8.1.4Compensation for Occupational Injuries and Diseases Act 130 of 1993
8.1.4.1
Records of employees' earnings and particulars
8.1.4.2
Promotional-competition-related records
8.1.5Consumer Protection Act 68 of 2008
8.1.5.1
Records of consumer transactions and contracts
8.1.5.2
Complaint resolution records
8.1.6Electronic Communications and Transactions Act 25 of 2002
8.1.6.1
Electronic transaction records
8.1.6.2
Records of electronic communications with clients or partners
8.1.7Employment Equity Act 55 of 1998
8.1.7.1
Employment equity plans and records
8.1.7.2
Records of employment equity assessments and targets
8.1.7.3
Recruitment and promotion records
8.1.8Financial Intelligence Centre Act 38 of 2001
8.1.8.1
Identification and verification records
8.1.8.2
Client due diligence records
8.1.8.3
Risk Management and Compliance Program
8.1.8.4
Training records
8.1.8.5
Records of financial transactions conducted on behalf of clients, including details of the transaction, parties involved, and purpose of the transaction.
8.1.8.6
Suspicious Transaction Reports (STRs)
8.1.8.7
Cash Threshold Reports (CTRs)
8.1.8.8
Risk assessments
8.1.8.9
Compliance procedures
8.1.9Income Tax Act 58 of 1962
8.1.9.1
Tax returns and filings
8.1.9.2
Records of income, expenses, and deductions
8.1.9.3
Tax compliance certificates and correspondence
8.1.10Interception and Monitoring Prohibition Act 70 of 2002
8.1.10.1
Records of communication monitoring requests
8.1.10.2
Documentation related to the authorisation process for intercepting or monitoring communications, including approvals, warrants, or court orders.
8.1.10.3
Communication intercept logs
8.1.10.4
Monitoring reports
8.1.10.5
Compliance records
8.1.10.6
Training records
8.1.10.7
Incident reports
8.1.10.8
Record Retention Policy
8.1.10.9
Acceptable Use Policy
8.1.10.10
E-Policy
8.1.10.11
Incident Management Policy
8.1.10.12
Information Security Policy
8.1.10.13
Information Classification Policy
8.1.11Labour Relations Act 66 of 1995
8.1.11.1
Disciplinary records and outcomes
8.1.11.2
Labour relations reports
8.1.11.3
Arbitration awards
8.1.11.4
Records of strike action and protests
8.1.12Legal Practice Act 28 of 2014
8.1.12.1
Legal Practitioner Code of Conduct
8.1.12.2
Legal Practitioner fidelity fund certificates
8.1.12.3
Non-disclosure agreements (NDAs)
8.1.12.4
Compliance records with legal practice regulations
8.1.12.5
Records of professional development and continuing legal education
8.1.12.6
Client engagement records and agreements
8.1.13Occupational Health and Safety Act 85 of 1993
8.1.13.1
OHS agreements and appointment letters
8.1.13.2
Incident reports
8.1.13.3
Personal information for workmen's compensation
8.1.13.4
Personal information of visitors
8.1.13.5
CCTV footage
8.1.14Prevention and Combating of Corrupt Activities Act 12 of 2004
8.1.14.1
Anti-Bribery and Corruption Policy
8.1.14.2
Whistleblowing Policy
8.1.14.3
Gifts and Benefits Policy
8.1.14.4
Reports on corrupt and fraudulent activities
8.1.14.5
Code of Ethical Conduct
8.1.14.6
Training reports on Code of Ethical Conduct
8.1.14.7
Tender awards
8.1.15Promotion of Access to Information Act 2 of 2000
8.1.15.1
PAIA Manual
8.1.15.2
PAIA guides and forms
8.1.15.3
Voluntarily available information
8.1.16Protection of Personal Information Act 4 of 2013
8.1.16.1
Document Retention Policy
8.1.16.2
Data Privacy Policy
8.1.16.3
Protection of Personal Information Policy for Employees
8.1.16.4
Data Subject Access Request Policy
8.1.17Skills Development Act 97 of 1998
8.1.17.1
Sector Education and Training Authority reports
8.1.17.2
Learning history reports
8.1.17.3
Skills development levies
8.1.17.4
Certificates of completion
8.1.18Unemployment Insurance Contributions Act 4 of 2002 and Unemployment Insurance Act 30 of 1996
8.1.18.1
Tax invoices, credit notes, debit notes
8.1.18.2
Bank statements, deposit slips
8.1.18.3
Employee details and employment contracts
8.1.18.4
Employer registration and contribution records
8.1.18.5
UIF claims records.
8.1.18.6
Audit and inspection records
8.1.19Value Added Tax Act 89 of 1991
8.1.19.1
VAT registration documents
8.1.19.2
Tax invoices and credit notes
8.1.19.3
VAT returns and filings
8.1.19.4
VAT payment records
8.1.19.5
VAT exemption certificates
8.1.19.6
Input VAT documentation
8.1.19.7
Records for cross-border transactions
8.1.19.8
VAT compliance records
9RECORDS AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS
(Information applicable under with section 52(1)(a) of PA/A)
9.1
Publicly available information about W & S on W & S's website including:
9.1.1
W & S's profile
9.1.2
areas of expertise
9.1.3
specialist profiles and publications and press releases
9.1.4
brochures and marketing material
9.1.5
B-BBEE certificate
9.2
The categories of records are automatically available -
9.2.1
to the Information Regulator
9.2.2
on W & S's website; and
9.2.3
for inspection, at W & S's registered head office during normal office hours.
10REQUEST PROCEDURES
10.1
Records, whether specifically listed in this Manual or not, will only be made available subject to the provisions of PAIA.
10.2Form of request
10.2.1
The Requester must use the prescribed form to make the request for access to a record, which form is attached hereto as Annexure "A". This must be made to the Information Officer at the address or electronic mail address of the body concerned (see section 53(1) of PA/A).
10.2.2
The Requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the Requester. The Requester should also indicate which form of access is required and specify a postal address, fax number in the Republic or email address. The Requester should also indicate if, in addition to a written reply, any other manner is to be used to inform the Requester and state the necessary particulars to be so informed (see sections 53(2)(a) and (b) and (c) and (e) of PA/A).
10.2.3
The Requester must identify the right that is sought to be exercised or protected and provide an explanation of why the requested record is required for the exercise or protection of that right (see sections 53(2)(d) of PA/A).
10.2.4
If a request is made on behalf of another person, the Requester must submit proof of the capacity in which the Requester is making the request to the satisfaction of the head of the private body (See section 53(2)(f) of PA/A).
10.3Fees
10.3.1
Request fees
10.3.1.1
The Information Officer must by notice require the Requester to pay the prescribed request fee (if any) before further processing the request (see section 54(1) of PA/A).
10.3.1.2
The fee that the Requester must pay to a private body is R50. The Requester may lodge an application to the court against the tender or payment of the request fee (see section 54(3)(b) of PA/A).
10.3.2
Access fees and fees for reproduction:
10.3.2.1
If access to a record/sis granted by W & S, the Requester may be required to pay an access fee for the search for and preparation of the records and for re- production of the record/s. (see section 54(6) of PA/A)
10.3.2.2
The access fees which apply are set out below. W & S can refuse access until such access fees have been paid. (see section 54(5) of PA/A)
| Reproduction | Fee (Rand) | |
|---|---|---|
| 1. | Photocopy of an A4-size page or part thereof provided in hard copy or via scanned copy sent via email | R2.00 per page |
| 2. | Printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form | R2.00 per page |
| 3. | For a copy in a computer - readable form on: | |
| (i) Flash drive | ||
| • To be provided by the requestor | R40.00 | |
| (ii) Compact disc | ||
| • If provided by the requestor | R40.00 | |
| • If provided to the requestor | R60.00 | |
| 4. | Transcription of visual images on an A4-size page or part thereof | R40.00 per page |
| 5. | Copy of visual images | R60.00 |
| 6. | Transcription of an audio record, of A4 size | R24.00 |
| 7. | Copy of an audio record | |
| (i) Flash drive | ||
| • To be provided by the requestor | R40.00 | |
| (ii) Compact disc | R60.00 | |
| • If provided by the requestor | R40.00 | |
| • If provided to the requestor | ||
| 8. | Postage or any other electronic transfer | Actual Costs |
10.4Decision on request
10.4.1
After the Information Officer has decided on the request, the Requester will be notified using the required form attached hereto as Annexure "B" (see section 56(1)(b) of PA/A).
10.4.2
If the request is granted, then a further access fee must be paid for reproduction and for search and preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure (see s 54(6) of PA/A).
11TIMELINES FOR CONSIDERATION OF A REQUEST
(See sections 56 and 57 of PA/A)
11.1
Requests for access by a Requester will be processed within 30 days, unless the request contains considerations that are of such a nature that an extension of the 30-day time limit is necessary. Such considerations include -
11.1.1
where the request is for a large number of records or requires a search through a large number of records (including where records that have been archived electronically need to be restored);
11.1.2
consultation among divisions of W & S or with another private body is necessary or desirable to decide upon the request that cannot reasonably be completed within the original 30-day period;
11.1.3
more than me of the circumstances contemplated in paragraphs 12.1.1, 12.1.2, 12.1.3, exist in respect of the request making compliance with the original period not reasonably possible; or
11.1.4
the Requester consents in writing to such extension.
11.2
If an extension is necessary, you will be notified with reasons for the extension. If the Information Officer fails to communicate a decision on a request, such a request is then deemed to have been refused.
12GROUNDS FOR REFUSAL OF ACCESS TO RECORDS
(See chapter 4 of Part 3 of PA/A)
12.1
Subject to Clause 13.1.3, requests for access by a Requestor must be refused by the Information Officer if -
12.1.1
the disclosure would involve the unreasonable disclosure of personal information about a third party (natural person), including a deceased individual (see section 63 of PA/A);
12.1.2
the record contains (a) trade secrets of,a third party, (b} financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party, or (c} 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 (see section 64 of PAIA};
12.1.3
the disclosure of the record would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement (see section 65 of PA/A);
12.1.4
the disclosure could reasonably be expected to endanger the life or physical safety of an individual (see section 66(a) of PA/A);
12.1.5
the record is privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege (see section 67 of PA/A); or
12.1.6
the record contains information about research being or to be carried out by or on behalf of a third party, the disclosure of which would be likely to expose: (a} the third party; (b} a person that is or will be carrying out the research on behalf of the third party; or (c} the subject matter of the research, to serious disadvantage (see section 69 of PA/A).
12.2
Requests for access by a Requestor may be refused by the Information Officer if:
12.2.1
the disclosure would be likely to prejudice or impair: (i} the security of: (aa} a building, structure or system, including, but not limited to, a computer or communication system; (bb} a means of transport; or (cc) any other property; or (ii) methods, systems, plans or procedures for the protection of: (aa) an individual in accordance with a witness protection scheme; (bb) the safety of the public, or any part of the public; or (cc) the security of property contemplated in subparagraph (i) (aa}, (bb) or (cc) (see section 66(b)};
12.2.2
the record:
12.2.2.1
contains trade secrets of W & S;
12.2.2.2
contains financial, commercial, scientific, or technical information, other than trade secrets, the disclosure of which would be likely to cause harm to the commercial or financial interests of W & S;
12.2.2.3
contains information, the disclosure of which could reasonably be expected:
12.2.2.3.1
to put W & S at a disadvantage in contractual or other negotiations; or
12.2.2.3.2
to prejudice W & Sin commercial competition; or
12.2.2.4
is a computer program, as defined in section 1(1) of the Copyright Act No. 98 of 1978, owned by W & S, except insofar as it is required to give access to a record to which access is granted in terms of PAIA; or
12.2.3
the record contains information about research being or to be carried out by or on behalf of W & S, the disclosure of which would be likely to expose: (a) W & S; (b) a person that is or will be carrying out the research on behalf of W & S; or (c) the subject matter of the research, to serious disadvantage.
13REMEDIES AVAILABLE TO A REQUESTOR ON REFUSAL OF ACCESS
13.1
W & S does not have any internal appeal procedures that may be followed once a request to access information has been refused.
13.2
The decision of the Information Officer or Deputy Information Officer is final.
13.3
If you are not satisfied with the outcome of your request, you are entitled to approach the Information Regulator, and alternatively to a court of competent jurisdiction to take the matter further (see section 78 of PA/A).
14OTHER INFORMATION HELD BYW & SAS PRESCRIBED
(Other information as may be prescribed under section 51(1)(a)(ii))
The Minister of Justice and Constitutional Development has to date not made any regulations regarding disclosure of other information.
15AVAILABILITY OF THE MANUAL
(Availability of Manual under section 51(3))
15.1
This Manual is available for inspection by the general public upon request, during office hours and free of charge, at the offices of W & S. Copies of the Manual may be made, subject to the prescribed fees.
15.2
The Manual is also posted on W & S's website referred to above.
16PRESCRIBED FORMS AND FEE STRUCTURE
(Prescribed forms and fee structure in respect of private bodies)
The forms and fee structure prescribed under PAIA are available from the Government Gazette, or at the website of the Department of Justice and Constitutional Development (www.doj.gov.za).
