PAIA Manual

PAIA MANUAL

Prepared in terms of Section 51 of the Promotion of Access to Information Act No. 2 of 2000

Hereafter referred to as “PAIA”
for

PLANNED TALENT (Pty) Ltd

1. INTRODUCTION AND PURPOSE OF THE MANUAL

The management team here at Planned Talent have developed this PAIA Manual, in compliance with the Promotion of Access to Information Act 2 of 2002, as amended1, to give effect to spirit and purport of PAIA. To cultivate a culture of transparency, accountability and justification, to actively promote a society in which the people of South Africa have effective access to information to enable them to more fully exercise and protect all of their rights.

While we are committed to cultivating a culture of transparency and accountability we recognise that the Constitution of the Republic of South Africa2 places certain limitations within the overall promotion of good corporate governance through transparency.3 These limitation lays down certain grounds for refusal of access to information held by Planned Talen, its associates and or beneficiaries. Some of these limitations includes but is not limited to;

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

These limitation on the right to access for information aims to balance the scale between, among other rights, the right to access to information and the right of privacy. It should be noted that despite the grounds for refusal, Planned Talent may still be compelled by authorities to grant a request for access to information under certain circumstances that will expanded on later in this PAIA Manual.

This PAIA Manual sets out the procedure requesting access to information held by Planned Talent. The Manual sets out the requirements with which such a request must comply with as well as the grounds for refusal of such request. This Manual aims to assist our corporate community to navigate the flow of information within our organisation.

2. OBJECTIVES OF PAIA

PAIA does not attempt to replace any constitutional rights, but rather to give effect to limitations set out in Section 32 of the Constitution and to balance the scales between different rights. It hopes to promote a human rights culture and social justice for people in both the public sector and the private sector. PAIA seeks to promote a system of accountability through transparency in order to cultivate good governance in both the public and private spheres and aims to empower people by helping them understand their right to access to information and to scrutinise the decisions that effect this right. In order to accomplish these goals the following objectives have been established;

To give effect to the constitutional rights to have access to:
1. any information held by the State; and
2. any information that is held by another person and that is required for the exercise or protection of any rights.
To set out the limitations to the right to access to information that are aimed at reasonable protection of privacy, commercial confidentiality and effective, efficient and good governance.
To give effect to the government’s obligation to promote a human rights culture and to foster social justice.
To establish voluntary and mandatory mechanisms or procedures to give effect to that right in a manner which enables persons to obtain access to records of public and private bodies as swiftly, inexpensively and effortlessly as reasonably possible.
Empowering and educating everyone to;
1. understand their rights in terms of this Act;
2. to understand the functions and operation of public bodies; and
3. to effectively scrutinise, and participate in, decision-making by public bodies that affects their rights.

3. THE INFORMATION REGULATOR

The Information Regulator was established in terms Section 39 of PAIA to ensure the promotion of and enhancement of the objectives of PAIA. The purpose of the Information Regulator is to ensure that the procedure for access to information is made as uncomplicated, inexpensive and as expedient as reasonable possible.

3.1. The role of the Information Regulator;

promote the right of access to information and assist the public in using PAIA where reasonably possible to do so;
monitor and further the implementation of PAIA by public and private bodies;
make recommendations to strengthen PAIA; and
report annually to Parliament.

3.2. The Information Regulator has, among other, the following powers and authorities;

To investigate a complaint made in the prescribed manned;
To set aside such a complaint or to refer the complaint to the Enforcement Committee;
Require a body to take certain action or to refrain from taking a particular action;
act, where appropriate, as conciliator in relation to such complaint in the prescribed manner.

4. ACCESS TO THE GUIDE ON HOW TO USE PAIA AS SET OUT IN SEC 10

A request for a copy of the Guide on how to use PAIA (in English) as drafted and issued by the Information Regulator of South Africa can be made out to the Information Officer, whose details are set out below.

5. ABOUT PLANNED TALENT

Planned Talent is a boutique specialist talent solutions provider with over 15 years of experience in talent mapping and recruitment services. Our philosophy of growing together resonates with our customers by strengthening the career paths of our candidates and enhancing our client’s talent strategies by providing tailor-made resourcing solutions.

6. INFORMATION OFFICER

All requests for access to information held by Planned Talent must be made in writing and addressed to the Information Officer.

Details of the Information Officer:

Information Officer:	Michelle Snyman
Business Address:	5th Floor, Bloukrans Building, Lynnwood Bridge, Pretoria, 0081
Postal Address:	5th Floor, Bloukrans Building, Lynnwood Bridge, Pretoria, 0081
Telephone Number:	010 824 1295
Email Address:	michelle@plannedtalent.co.za
Website:	https://www.plannedtalent.co.za

7. REQUEST PROCEDURE

7.1. Who can make a PAIA request?

Any person, whether South African or non-South African, is allowed to make a request under PAIA. The requester can be a natural person or juristic person.
A public body is also authorised to make a request, but only if that body is;
1. acting in the interests of the public; and
2. if the records are required to fulfil or protect any rights other than those of the public body.
In terms of section 50(1) of POPIA, any person can request access to a record, of a private body, containing personal information about the requester or the person on whose behalf the request is made

7.2. Process for obtaining access to information held by Planned Talent

All requests should be in writing and addressed to the Information Officer as set out above.
Written requests are made by completing Form 2 available on our website.
A request for access to information held by Planned Talent is not automatically granted. All requests for access to information is reviewed by the Information Officer or Deputy Information Officer as appointed.
A request for access to information will only be successful when the Requester can show and explain how the information being requested is necessary for the protection of a right, other than the right to access to information, of the Requester or the person on whose behalf the information is being requested.
A Requester must clearly identify the right it wishes to protect and explain why and how the information or record being requested is required to protect the right that was identified.
The Information Officer will review the completed Form 2 and inform the requester of its decision within 30 days after receiving the request.

7.3. Completing Form 2: Request for Access to Information

In order to complete the PAIA form, a person needs to provide sufficient detail to allow the Information Officer or Deputy Information Officer to identify the records the requester seeks;
Requesters who are unable to read or write can make verbal requests to the Information Officer or Deputy Information, who assist in completing the form 2 on behalf of the requester.
The Form 2 must be completed and sent to the Information Officer or the Deputy Information Officer either electronically or by hand at the registered address referred to above.

8. FEES ASSOCIATED WITH A REQUEST

8.1. Fees table relating to a request

Item No	Description	Amount
1.	The request fee payable by every requester.	R25.00
2.	Photocopy of A4 size page	R5.00
3.	Printed copy of A4 size page	R5.00
4.	For a copy in a computer-readable form on: (i) Flash drive (to be provided by requestor) • If provided by requestor • If provided to the requestor (ii) Compact disc; • If provided by requestor • If provided to the requestor	R50.00 R100.00 R50.00 R80.00
5.	For a transcription of visual images per A4 size page.	TBC by IO
6.	Copy of visual images.	TBC by IO
7.	Transcription of an audio record, per A4 size page.	R10.00 p/minute
8.	Copy of an Audio Record on: (i) Flash drive (to be provided by requestor) • If provided by requestor • If provided to the requestor (ii) Compact disc; • If provided by requestor • If provided to the requestor	R50.00 R100.00 R50.00 R100.00
9.	To search for and prepare the record for disclosure for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation.	R500.00
10.	Deposit: If search exceeds 6 hours	R500.00
11.	Postage, e-mail or any other electronic transfer	TBC by IO

8.2. Where the Information Officer or the Deputy of the Information Officer is of the opinion that the search and compiling of the requested information will possibly exceed six (6) hours or if it is of the opinion that the request is malicious and or vexatious, the Information Officer of the Deputy Information Officer is entitled to request the Requester to pay a deposit not exceeding one third of the estimated cost of processing the Request.

9. POSSIBLE RESPONSES TO A REQUEST

The Information Officer, or the Deputy Information Officer, has the duty to inform the Requester of the decision to grant or refuse the request and, where applicable, inform the Requester of the applicable fees.

The response of the Information Officer will correspond substantially with Form 3, available on our website, and will be delivered in a medium accessible to the Requester, either electronically via Email, by hand at the selected address of the Requester or by registered post.

Request for access to information is deemed to be refused after the expiry of 30 days or any extended period and the public or private body fails to respond.

PAIA, read with POPIA, sets out Mandatory Grounds for the refusal of a request.

10. MANDATORY GROUNDS FOR REFUSAL

With mandatory grounds, the Information Officer or Deputy Information Officer must refuse a request because they apply to the record.

The following are the mandatory grounds of refusal, and the Information Officer or Deputy Information Officer must refuse a request because they apply to the record;

Section 63: Mandatory protection of privacy of third party who is a natural person. The Information Officer of a public or private body must not allow a requester access to the personal information of another person if it amounts to ‘an unreasonable disclosure’ as set out in PAIA.
Section 64 and 68: Mandatory protection of commercial information of third party or private body. The Information Officer of a body must not allow a requester access to the commercial information of another person. This would include information like trade secrets, or that might threaten that third party’s commercial interests.
Section 65: Mandatory protection of certain confidential information, and protection of certain other confidential information, of a third party The Information Officers of both a public and private body must not allow a requester access to a record if its release would amount to a breach of a duty of confidence owed to a third party in terms of an agreement or contract.
Section 66: Mandatory protection of safety of individuals, and protection of property. The Information Officer of both a public or private body must not allow a requester access to a record if its release could reasonably be expected to compromise the safety of an individual.
Section 67: Mandatory protection of records privileged from production in legal proceedings. The head of a private body must refuse a request for access to a record of the body if the record is privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege.
Section 69: Mandatory protection of research information of third party, and protection of research information of public or private body. The Information Officer of a body must not allow a requester access to a record if the record relates to research that is, or will be, undertaken by the body in question and its release would be likely to expose the researcher, the third party or the matter under research to a serious disadvantage.

11. DISCRETIONARY GROUNDS OF REFUSAL

The Information Officer or the Deputy Information Officer is entitled to refuse an application for access to information on the basis of certain discretionary grounds where it relates to the information being requested;

The list of discretionary grounds includes but is not limited to the following;

The Information Officer may refuse access if its release will be harmful to the economic and financial status of Planned Talent
The Information Officers may refuse a request for information if they are of the opinion that processing requests will be unreasonably time consuming and lead to a waste of resources. Additionally, they may refuse access to a record if the request is seen to be made by a requester to unnecessarily annoy or provoke.
The Information Officer may refuse a request for information where the request is vague or ambiguous.
The Information Officer may refuse a request for information where the information being requested is not in the possession of Planned Talent.

12. MANDATORY DISCLOSURE OF RECORDS IN THE PUBLIC INTEREST

Notwithstanding the grounds listed above, the approval of a request might be in the interest of the public where the disclosure of the information is more important than the harm created by the release of the record.

Where the importance of the public interest exists as stated above and the disclosure of the record would reveal evidence of a substantial contravention of, or failure to comply with, the law; or an imminent and serious public safety or environmental risk, then the Information Officer of a body must grant a request for access to a record despite the existence of the exemption grounds listed above.

13. INFORMING THIRD PARTIES

In terms of Section 47 and 71 of PAIA, the Information Officer or the Deputy Information Officer has the duty to take all reasonable steps to inform any relevant third party about a request for access to information that pertains to that third party by way of written Notice.

The Notice will invite the third party to make written or oral representations to the Information Officer why the request for access should be refused, or to give written consent for the disclosure of the record to the requester.

The Information Officer or Deputy Information Officer will send the Notice to the third party within 21 days if receiving a request and notify the Requester that such a notice has been sent.

The Information Officer or the Deputy Information Officer will review the request and decide within 30 days, or any extended period where relevant, to grant or refuse the request and inform both the Requester and the third party of their decision.

All parties are herewith informed of the legal remedies available, as set out in paragraph 14 below, should they wish to challenge to the decision of the Information Officer or the Deputy Information Officer.

14. LEGAL REMIDIES AVAILABLE

14.1. Actions to Take Once a Decision has Been Made

A Requester or a third party can follow-up in writing while a decision from the Information officer is pending. The Requester and the third party is encouraged to keep all correspondence in writing.

Once a decision is made, the Requester or a third party can follow-up in writing and request the Information Officer to provide further reasons for their decision. The Information Officer or the Deputy Information Officer is, however, not obligated to provided any further reasons other than that which has been provided for in the Notice informing the parties of the outcome of the request.

If a party is unsatisfied with the decision of the Information Officer or the Deputy Information Officer, they are entitled to exercise any of the legal remedies referred to below.

14.2. Challenging a Decision of the Information Officer

A requester may, amongst others, challenge the following decision of the Information Officer or Deputy Information Officer;

The tender or payment of the request fee;
The tender or payment of a deposit;
The access fee to be paid is too excessive;
The form of access granted;
The refusal of the request
Inappropriate extension taken to respond to a request for access;
Failure to disclose records;
The granting of a request for access to information;

14.3. Legal Remedies for Challenging a Decision: Complaint to the Information Regulator:

A requester or third party may only submit a complaint to the Regulator after that requester or third party has exhausted the internal procedure for requesting access to information.

A requester or third party may submit a complaint to the Regulator, on any of the grounds for challenging a decision of the Information Officer listed above.

A complaint to the Regulator by a Requester or third party must be lodged within 180 days of receipt of the decision from the Information Officer or the Deputy Information Officer.

A complaint to the Regulator must be made in writing and a complaint form must be completed, either manually or online. A complaint form, Form 5, can be downloaded from the Regulator’s website, https://www.justice.gov.za/inforeg/

This means that the Regulator will not accept a complaint telephonically; however, the Regulator is required to provide reasonable assistance to any person who wishes to make a complaint and this includes assistance regarding completing a complaint form.

The Complainant will have to provide sufficient evidence to prove that the information requested is required for the exercise or protection of any other right(s). Access to the records of Planned Talent can only be granted if the Complainant can prove that they intend on exercising or protecting any other right(s) with the information that has been requested.

The Regulator has the authority to investigate the complaint and make an appropriate ruling that is legally binding on the parties involved.

14.4. Legal Remedies for Challenging a Decision: Application to the Court

The procedure to be followed when a matter is being referred to the court is set out in Chapter 2 (Sections 78-82) of PAIA.

A Complainant is only entitled to apply to the court for appropriate relief in terms of section 82,

After the internal procedures have been complied with and exhausted, and
After the complaints procedure set out in Section 77A of PAIA has been complied with and exhausted.

Applications or referrals to the Court is Civil in nature and must be brought in terms of Rule 6 of the High Court Rules, when a matter is brought to the High Court, and Rule 55 of the Magistrates Court Rules, when a matter brought to the Magistrates Court.

The Courts Ruling will be legally binding on all the parties involved.