Resilient Innovations PAIA Manual
Prepared in terms of section 51 of the Promotion of Access to Information Act 2000 (as amended)
1.1.“CEO” Chief Executive Officer;
1.2.“DIO” Deputy Information Officer;
1.3. “IO” Information Officer;
1.4. “Minister” Minister of Justice and Correctional Services;
1.5. “PAIA” Promotion of Access to Information Act, 2000;
1.6. “POPIA” Protection of Personal Information Act, 2013;
1.7. “Regulator” Information Regulator;
1.8. “RI” Resilient Innovations (Pty) Ltd; and
1.9. “Republic” Republic of South Africa.
This PAIA Manual is useful for the public to-
1.1. check the categories of records held by a body which are available without a person having to submit a formal PAIA request;
1.2. have a sufficient understanding of how to make a request for access to a record of the body, by providing a description of the subjects on which the body holds records and the categories of records held on each subject;
1.3. know the description of the records of the body which are available in accordance with any other legislation;
1.4. access all the relevant contact details of the Information Officer and Deputy Information Officer who will assist the public with the records they intend to access;
1.5. know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
1.6. know if the body will process personal information, the purpose of processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;
1.7. know the description of the categories of data subjects and of the information or categories of information relating thereto;
1.8. know the recipients or categories of recipients to whom the personal information may be supplied;
1.9. know if the body has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and
1.10. know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.
1.1. Deputy Information Officer
Lutfiyyah Ahmed
Email: [email protected]
1.2. Access to information general contacts
General queries
Email: [email protected]
1.3. Head Office
Physical Address: Building 5, Waterfall City Corporate Campus, 74 Waterfall Drive, Midrand, 2066
Telephone: 011 554 8000
Email: [email protected]
Website: https://www.ri.africa/
1.1. The Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available the revised Guide on how to use PAIA (“Guide”), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA.
1.2. The aforesaid Guide contains the description of-
1.2.1. the objects of PAIA and POPIA;
1.2.2. the postal and street address, phone and fax number and, if available, electronic mail address of-
1.2.2.1. the Information Officer of every public body, and
1.2.2.2. every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA[1] and section 56 of POPIA[2];
1.2.3. the manner and form of a request for-
1.2.3.1. access to a record of a public body contemplated in section 11[3] ; and
1.2.3.2. access to a record of a private body contemplated in section 50[4];
the assistance available from the IO of a public body in terms of PAIA and POPIA
1 Section 17(1) of PAIA- For the purposes of PAIA, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records.
2 Section 56(a) of POPIA- Each public and private body must make provision, in the manner prescribed in section 17
of the Promotion of Access to Information Act, with the necessary changes, for the designation of such a number of persons, if any, as deputy information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA.
3 Section 11(1) of PAIA- A requester must be given access to a record of a public body if that requester complies with all the procedural requirements in PAIA relating to a request for access to that record; and access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.
4 Section 50(1) of PAIA- A requester must be given access to any record of a private body if-
(a) that record is required for the exercise or protection of any rights;
(b) that person complies with the procedural requirements in PAIA relating to a request for access to that record; and
(c) access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.
1.1.1. the assistance available from the Regulator in terms of PAIA and POPIA;
1.1.2. all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging-
1.1.2.1. an internal appeal;
1.1.2.2. a complaint to the Regulator; and
1.1.2.3. an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;
1.1.3. the provisions of sections 14[1] and 51[2] requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
1.1.4. the provisions of sections 15[3] and 52[4] providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
1.1.5. the notices issued in terms of sections 22[5] and 54[6] regarding fees to be paid in relation to requests for access; and
1.1.6. the regulations made in terms of section 92[7].
1.2. Members of the public can inspect or make copies of the Guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours.
1.3. The Guide can also be obtained-
1.3.1. upon request to the Information Officer;
1.3.2. from the website of the Regulator (https://www.justice.gov.za/inforeg/).
1 Section 14(1) of PAIA- The information officer of a public body must, in at least three official languages, make available a manual containing information listed in paragraph 4 above.
2 Section 51(1) of PAIA- The head of a private body must make available a manual containing the description of the information listed in paragraph 4 above.
3 Section 51(1) of PAIA- The head of a private body must make available a manual containing the description of the information listed in paragraph 4 above.
4 Section 52(1) of PAIA- The head of a private body may, on a voluntary basis, make available in the prescribed manner a description of the categories of records of the private body that are automatically available without a person having to request access
5 Section 22(1) of PAIA- The information officer of a public body to whom a request for access is made, must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.
6 Section 54(1) of PAIA- The head of a private body to whom a request for access is made must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.
7 Section 92(1) of PAIA provides that –“The Minister may, by notice in the Gazette, make regulations regarding-
(a) any matter which is required or permitted by this Act to be prescribed;
(b) any matter relating to the fees contemplated in sections 22 and 54;
(c) any notice required by this Act;
(d) uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to be made available in terms of section 15; and
(e) any administrative or procedural matter necessary to give effect to the provisions of this Act.”
|
Category of records |
Types of the Record |
Available on Website |
Available upon request |
|
Services |
Catalogue of services (including information on our facilities) |
x |
x |
|
Policies/Procedures |
PAIA manual |
x |
x |
|
Policies/Procedures |
Privacy statement |
x |
x |
|
Policies/Procedures |
Data subject request forms |
x |
x |
|
Policies/Procedures |
Marketing consent forms |
x |
x |
|
Category of records |
Applicable Legislation |
|
Memorandum of incorporation |
Companies Act, 2008 |
|
PAIA Manual |
Promotion of Access to Information Act, 2000 |
|
Subjects on which the body holds records |
Categories of records |
|
Strategic documents, plans, proposals |
Annual reports, strategic annual plans, performance plans |
|
Human Resources |
Policies and procedures; advertised posts; employee records |
1.1. Purpose of processing personal information
1.1.1. In line with our legitimate interests; a contractual obligation; legal obligation; or your interests (where applicable), your personal information will be used for the following purposes:
1.1.1.1. to provide products and services;
1.1.1.2. billing and customer care;
1.1.1.3. sponsorship/funding opportunities;
1.1.1.4. to improve our services, often through use of analytics;
1.1.1.5. marketing and
1.1.1.6. fraud detection and monitoring.
Description of the categories of data subjects and of the information or categories of information relating thereto
|
Categories of data subjects |
Personal information that may be processed |
|
Customers / Clients |
names, title, address, registration number or identity number, mobile/telephone number, e-mail address, director and shareholding information and bank details |
|
Service Providers |
names, title, registration number, vat numbers, physical address, e-mail address, mobile/telephone number and bank details |
|
Employees |
name, title, address, registration number or identity number, mobile/telephone number, e-mail address, physical address, qualifications, gender, race and bank details |
1.2. The recipients or categories of recipients to whom the personal information may be supplied
|
Categories of personal information |
Recipients or categories of recipients to whom the personal information may be supplied |
|
Identity number and names, for criminal checks |
South African Police Services |
|
Qualifications, for qualification verifications |
South African Qualifications Authority
|
|
Credit and payment history, for credit information |
Credit Bureaus |
|
Name, usage and region information, for funding |
Funders/sponsors |
|
Name and financial information, for payment purposes |
Banking institutions |
1.3. Planned transborder flows of personal information
We may also need to transfer your personal information outside of the Republic of South Africa where we elect to have the personal information that we collect hosted in systems or servers outside of the Republic of South Africa or where we require the personal information we collect to be processed by a service provider outside of the Republic of South Africa. In such instances we will fully comply with applicable data protection laws, including ensuring an adequate level of data protection for your personal information.
1.4. General description of information security measures implemented by RI to ensure the confidentiality, integrity and availability of information
Your information is securely stored and while we cannot guarantee absolute security on the Internet, we have implemented appropriate, reasonable technical and organisational measures in order to safeguard your personal information, including appropriate access controls and use of trusted service providers.
1.1. A copy of the Manual is available-
1.1.1. on RI’s website (https://ri.africa/), if any;
1.1.2. head office of RI for public inspection during normal business hours;
1.1.3. to any person upon request and upon the payment of a reasonable prescribed fee; and
1.1.4. to the Information Regulator upon request.
1.2. A fee for a copy of the Manual, as contemplated in annexure B of the Regulations, shall be payable per each A4-size photocopy made.
The head of RI will on a regular basis ensure that this manual is updated, as and when required.