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PAIA Manual

PAIA MANUAL

    1. Introduction

    This manual has been compiled in accordance with Section 51 of the Promotion of Access to Information Act 2 of 2000, (“PAIA”) and sets out the process to be followed when requesting access to records of Decision Inc., as contemplated in PAIA.

    The purpose of the Promotion of Access to Information Act, 2000 (often referred to as “PAIA”) is to give effect to section 32 of the Constitution. Section 32 provides for “the right of access to information” and states that “everyone has the right of access to any information held by the State and to information held by another person that is required for the exercise or protection of any rights.”

    The motivation for giving effect to the right of access to information is to foster a culture of transparency and accountability both in Public and Private Bodies; and to 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 their rights.

      2. Decision Inc. Contact Details:

      Name of body: DECISION INC. HOLDINGS (PTY) LTD

      Chief Executive Officer: Nicholas Bell

      Information Officer: Nicholas Bell

      Address: Ground Floor, Building1, Waterfall Corporate Campus, 74 Waterfall Drive, Waterfall City

      Postal address: P.O. Box 781090, Sandton, 2146

      Telephone: +27 11 025 2300

      E-mail: [email protected]

       

      3. Guide in terms of section 10 of PAIA

      3.1  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, the public body must be acting in the public interest.

      3.2  Requesters are referred to the Guide in terms of Section 10 which has been compiled by the South African Human Rights Commission (“SAHRC“), which will contain information for the purposes of exercising Constitutional Rights. The Guide is available from the SAHRC.

      3.3  The contact details of the SAHRC are:

      Postal Address: Private Bag 2700, Houghton, 2041

      Telephone Number: +27-11-877 3600

      Fax Number: +27-11-403 0625

      Website: www.sahrc.org.za

       

      4. Record Available in Accordance with Other Legislation


      Decision Inc. keeps records in accordance with the following legislation (please note that this is not an exhaustive list) –

      4.1  Companies Act 71 of 2008;

      4.2  Income Tax Act 58 of 1962;

      4.3  Value-Added Tax Act 89 of 1991;

      4.4  Customs and Excise Act 91 of 1964;

      4.5  South African Reserve Bank Act 90 of 1989;

      4.6  Labour relations Act 66 of 1995;

      4.7  Basic Conditions of Employment Act 75 of 1997;

      4.8  Employment Equity Act 55 0f 1998;

      4.9  Skills Development Act 97 of 1998;

      4.10  Skills Development Levies Act 9 of 1999;

      4.11  Unemployment Insurance Act 63 of 2001;

      4.12  Unemployment Insurance Contributions Act 4 of 2002;

      4.13  Compensation for Occupational Injuries and Diseases Act 130 of 1993;

      4.14  Occupational Health and Safety Act 85 of 1993;

      4.15  Insolvency Act 24 of 1936;

      4.16  Copyright Act 98 of 1978;

      4.17  Trade Marks Act 194 of 1993;

      4.18  Arbitration Act 42 of 1965;

      4.19  Consumer Protection Act 68 of 2008;

      4.20  Electronic Communications and Transactions Act 25 of 2002;

      4.21  Protection of Personal Information Act 4 of 2013;

      4.22  Promotion of Access to Information Act 2 of 2002;

      4.23  Securities Transfer Tax Administration Act 26 of 2007;

      4.24  Broad Based Black Economic Empowerment Act 53 of 2003.

      5. Records Held by Decision Inc. in terms of PAIA

      5.1  Request for access to documents held by Decision Inc. will be in accordance with PAIA. The type of records available to requesters is listed in 0 hereto.

      5.2  A description of records which are freely available without having to submit a formal request to access information in terms of PAIA are listed in Annexure A hereto.

       

      6. Procedure for Obtaining Access to Information

      6.1 A requester who wishes to request any information held by Decision Inc. in order to protect or exercise a right may contact Decision Inc.’s Information Officer at the contact details provided in paragraph 2 above.

      Request for access under PAIA

      6.2 A request for access to information must be made in the prescribed form (Form C) to the Information Officer indicated above. See Annexure B for the prescribed form.

      6.3 All required text fields on the annexed “Form C” must be completed in full and in a legible form. The form (as well as any additional pages attached thereto) must be signed by the person submitting the form.

      6.4 Requesters must provide sufficient details to enable Decision Inc. to identify –

      6.4.1 the record(s) requested;

      6.4.2 the requester (and if an agent is lodging the request, proof of capacity);

      6.4.3 the form of access required;

      6.4.4 the postal address or fax number of the requester in the Republic;

      6.4.5  if the requester wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof;

      6.4.6  the right which the requester is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right.

      6.5 Once the “Form C” has been submitted, the Information Officer will notify the requester of the prescribed fee (if any) payable before further processing the request.

      6.6 A request fee of as set out in Annexure C will be charged for access to records in terms of PAIA.

      6.7 The Information Officer shall within 30 days, after the request is received, notify the requester whether the request has been granted/or refused, as well as provide the requester with any additional fees which may be levied. This additional fee would be for the reproduction, preparation and time, reasonably required to search and prepare the disclosure. The person who submitted the request may lodge an application to the court against the tender or payment of the fee.

       

      7. Ground for Refusal of Access to Information

      7.1  PAIA provides a number of grounds on which a request for access to information must be refused. These grounds mainly concern instances where the privacy and interests of other individuals are protected, where such records are already otherwise publicly available, instances where public interest are not served, the mandatory protection of commercial information of a third party, as well as the mandatory protection of certain confidential information of a third party.

      7.2  A complete list of the grounds for refusal, are indicated within Chapter 4 of PAIA.

       

      8. Availability of the Manual

      8.1  This manual is available for inspection at the offices of Decision Inc., free of charge.

      8.2  Copies of the manual may be obtained, subject to the prescribed fees, at the offices of Decision Inc.

      8.3  The manual can also be accessed on the website of the SAHRC (www.sahrc.org.za) and on the company’s website www.decisioninc.com.

       

      9. Various Subsidiaries of Decision Inc.