PAIA MANUAL

Promotion of Access to Information Act
THIS MANUAL HAS BEEN PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 (“THE ACT”)
 
INTRODUCTION
​The Company is a private body, as defined in the Act, and this Information Manual (“Manual”) contains the information specified in section 51(1) of the Act which is applicable to such a private body.

The aim of the Manual is to assist potential requesters in requesting access to information (documents or records) from the Company, as contemplated under the Act.

The Manual may be amended from time to time and as soon as any amendments have been effected, the latest version of the Manual will be published and distributed in accordance with the Act.
A requester is invited to contact the Information Officer should he or she require any assistance in respect of the use or content of this Manual.
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DETAILS OF THE PRIVATE BODY (SECTION 51(1) (A) OF THE ACT) 
​Name of Business: C-Pay (Pty) Ltd
Address: Cnr Cedar Road & Willow Wood Office Park, Fourways, 2191          
Email: legal@c-pay.co.za
Website: www.c-pay.co.za
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DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10: SECTION 51(1)(B) 
​This Manual has been compiled in terms of Section 10 of the Act by the South African Human Rights Commission (SAHRC). It contains information required by a person wishing to exercise any right, contemplated by the Act. It is available in all of the official languages, and it is currently available for inspection at the offices of SAHRC. 
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RECORDS HELD IN TERMS OF APPLICABLE LEGISLATION (SECTION 51(1)(D))
​The Company is required by law to keep certain records. These records are kept in terms of different Acts of Parliament. The Company holds records in terms of the Acts of Parliament as set out in Annexure “A” hereto. 

Note: The inclusion of any subject or category of records should not be taken as an indication that records falling within those subjects and/or categories will be made available under the Act. In particular, certain grounds of refusal as set out in the Act may be applicable to a request for such records.
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RECORDS HELD AS A MATTER OF STANDARD PRACTICE (SECTION 51(1)(E))
​The Company keeps certain records in the conduct its day to day business and as a matter of standard practice. The Company holds the records as set out in Annexure “B” hereto.
Note: The inclusion of any subject or category of records should not be taken as an indication that records falling within those subjects and/or categories will be made available under the Act. In particular, certain grounds of refusal as set out in the Act may be applicable to a request for such records.

RECORDS WHICH ARE AUTOMATICALLY AVAILABLE WITHOUT HAVING TO MAKE A REQUEST IN THE PRESCRIBED FORM​
 
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MAKING A REQUEST IN TERMS OF THE ACT
​1. Complete Form “C” (attached to this Manual as Annexure “C”)
2. Submit the completed Form C to the Information Officer at the physical, postal or email address listed above.
​3. If the record you have requested exists, and allowing access to it does not affect a third party, your request will be processed within 30 (thirty) days.
4. This period may be extended once for a further 30 (thirty) days if: 
  • the request is for a large number of records or requires a search through a large number of records, and compliance with the original period would unreasonably interfere with the activities of the Company;
  • the request requires a search for records in, or collection thereof from, an office or premises not situated at Fouways and this search cannot reasonably be completed within the original 30 (thirty) days;
  • consultation with another private body is necessary or desirable to decide upon the request, and this consultation cannot reasonably be completed within the original period;
  • more than one of the circumstances contemplated above exist in respect of the request, making compliance with the original period not reasonably possible; or
  • you, as the requester, consent in writing to such extension.
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GROUNDS FOR REFUSAL
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There are various grounds upon which your request for access to a record may be refused. They are:
  • the protection of personal information of a third person (who is a natural person) from unreasonable disclosure;
  • 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);
  • if disclosure would result in the breach of a duty of confidence owed to a third party;
  • if disclosure would jeopardise the safety of an individual or prejudice or impair certain property rights of a third person; 
  • if the record was produced during legal proceedings, unless legal privilege has been waived in respect of the record;
  • if the record contains any trade secrets, financial or sensitive information or any information that would put the Company at a disadvantage in negotiations or prejudice it in commercial competition; and/or
  • if the record contains any information about research being carried out, or about to be carried out, on behalf of a third party or by the Company.
 
Section 70 of the Act contains an overriding provision. Disclosure is compulsory if it would reveal a substantial contravention of, or failure to comply with the law, or imminent and serious public safety or environmental risk and the public interest in the disclosure of the record clearly outweighs the harm contemplated by its disclosure.
 
If your request does affect a third party then the Company will first need to inform the third party within 21 (twenty-one) days of the Company receiving your request (i.e. if the record you request affects any third party in any way, that third party will have to be informed that you are requesting access to the above record. The third party then has 21 (twenty-one) days to make representations and/or submissions regarding the granting of access to the record).
 
THE INFORMATION OFFICER’S DECISION
​Once the Information Officer has heard all the submissions, s/he will make a decision as to whether or not access to the record will be granted. If the Information Officer determines that access to the record will be granted, you must then be granted access to the record within 30 (thirty) days of being informed of the decision.

THE REQUESTER’S RECOURSE
If the Information Officer does not grant you access to the record, you are entitled to appeal the decision. You must receive proper reasons as to why the request was refused. You need to lodge your appeal in the High Court of South Africa.
If the Information Officer does decide to grant you access to the record, the third party that has been affected has 30 (thirty) days in which to appeal the decision (also in the High Court of South Africa). If no appeal is lodged within 30 (thirty) days, you must be granted access to the record.
 
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ANNEXURE “A” - RECORDS AVAILABLE IN TERMS OF LEGISLATION
Records are kept in accordance with such legislation as is applicable to the Company from time to time, which includes but is not limited to, the following legislation:
  • Basic Conditions of Employment 75 of 1997;
  • Companies Act 71 of 2008;
  • Compensation for Occupational Injuries and Health Diseases Act 130 of 1993;
  • Consumer Protection Act 68 of 2008;
  • Electronic Communications & Transactions Act 25 of 2002;
  • Employment Equity Act 55 of 1998;
  • Income Tax Act 58 of 1962;
  • Labour Relations Act 66 of 1995;
  • Occupational Health and Safety Act 85 of 1993;
  • Promotion of Access to Information Act 2 of 2000;
  • Protection of Personal Information Act 4 of 2013;
  • Skills Development Act 97 of 1997;
  • Skills Development Levies Act 9 of 1999;
  • Unemployment Insurance Act 63 of 2001; and
  • Value Added Tax Act 89 of 1991
     
ANNEXURE “B” - RECORDS HELD BY THE COMPANY
​Companies Act Records
  • Documents of incorporation;
  • Memorandum of Incorporation;
  • Minutes of Board of Directors meetings;
  • Records relating to the appointment of directors/ auditor/ secretary/ public officer and other officers; and
  • Share Register and other statutory registers.
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Firm documents and Legal Records
  • Operational records;
  • Domain name registration;
  • Computer Software;
  • Insurance policies;
  • Client files; and
  • Asset registers.
 
Client Records
  • Client information; and
  • Client account information.
 
Supplier and Services Records
  • Agreements with suppliers and service providers; and
  • Records generated by or within the Company, pertaining to suppliers including transactional records.
 
Communication
  • Internal and external correspondence and memorandums.
 
Financial and Accounting Records
  • Accounting and tax (including VAT, PAYE and similar) records;
  • Banking records;
  • Invoices;
  • Documents issued to employees for income tax purposes;
  • Records of payments made to SARS on behalf of employees;
  • All other statutory compliances;
  • VAT;
  • Skills Development Levies;
  • UIF; and
  • Workmen’s Compensation.
 
Personnel Documents and Records
  • Employment contracts;
  • Employment Equity Plan (if applicable);
  • Disciplinary records;
  • Salary records;
  • SETA records;
  • Leave records; and
  • Training records.
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ANNEXURE “C” - 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]
A. Particulars of private body
The Head: 

B. Particulars of person requesting access to the record
 
The particulars of the person who requests access to the record must be given below.
The address and/or fax number in the Republic to which the information is to be sent must be given. Proof of the capacity in which the request is made. 

C. Fees
A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid. You will be notified of the amount required to be paid as the request fee. 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.

D. Form of access to record
If you are prevented by a disability to read, view 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. 

E. Particulars of right to be exercised or protected
If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Indicate which right is to be exercised or protected:
2. Explain why the record requested is required for the exercise or protection of the aforementioned right:

F. Notice of decision regarding request for access
​You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your request for access to the record?​
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Signed at………………………….    this…………    day of …………………………….20…..


__________________________
SIGNATURE OF REQUESTER /
PERSON ON WHOSE BEHALF REQUEST IS MADE
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ANNEXURE “D” - PRESCRIBED FEES IN RESPECT OF REQUESTS FOR INFORMATION
​In respect of documents pertaining to categories of records that will automatically be made available to any person requesting access thereto, the only charge that may be levied for obtaining such records, will be a fee for reproduction of the record in question.

Reproduction Fees 
  • 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 held on a computer or in electronic or machine readable form R0.75
  • For a copy in a computer-readable form on:
  • Stiffy disc R7.50
  • Compact disc R70.00
  • A transcription of visual images, for an A4-size page or part thereof R40.00
  • For a copy of visual images R60.00
  • A transcription of an audio record, for an A4-size page or part thereof R20.00
  • For a copy of an audio record R30.00
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Request Fees 
Where a requester submits a request for access to information held by the Company on a person other that the requester himself/herself, a request fee in the amount of R50.00 is payable up-front before the Company will further process the request received.

Access fees 
An access fee is payable in all instances where a request for access to information is granted, except in those instances where payment of an access fee is specially excluded in terms of the Act or an exclusion is determined by the Minister in terms of Section 54 (8).The applicable access fees which will be payable are:
  • 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 held on a computer or in electronic or machine readable form R0.75
  • For a copy in a computer-readable form on:
  • Stiffy disc R7.50
  • Compact disc R70.00
  • A transcription of visual images, for an A4-size page or part thereof R40.00
  • For a copy of visual images R60.00
  • A transcription of an audio record, for an A4-size page or part thereof R20.00
  • For a copy of an audio record R30.00
  • To search for a record that must be disclosed R30.00 (per hour or part of an hour reasonably required for such search.)
  • Where a copy of a record needs to be posted the actual postal fee is payable.

G. Deposits 
Where the Company receives a request for access to information held on a person other than the requester himself/herself and the information officer upon receipt of the request is of the opinion that the preparation of the required record of disclosure will take more than 6 (six) hours, a deposit is payable by the requester. The amount of the deposit is equal to 1/3 (one third) of the amount of the applicable access fee.. 
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