P A I A Manual
The TEBBUTT SPECIALISED SERVICES GROUP PAIA Manual outlines the policies, procedures, objectives, processes for the promotion of access to information including what is shared freely and what records require the formal PAIA process as set out by the Act. This manual is reviewed annually and approved by the Executive Management of the Company.
| PAIA | Act No 2 of 2000 as amended |
| Rev. # | 1 |
| Rev. Date | 1 January 2022 |
| Total Pages | 18 |
| Copy Number | 1 |
TABLE OF CONTENTS
TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD (Hereinafter called The Company)
| LIST OF ACRONYMS AND ABBREVIATIONS | |
| 1. BACKGROUND TO THE PROMOTION OF ACCESS TO INFORMATION ACT | |
| 2. TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD PAIA MANUAL | |
| 3. PURPOSE OF PAIA MANUAL | |
| 4. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD | |
| 5. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE REGULATORS PAIA GUIDE | |
| 6. CATEGORIES OF RECORDS OF TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS | |
| 7. DESCRIPTION OF RECORDS OF TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD WHICH ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION | |
| DESCRIPTION OF THE SUBJECTS ON WHICH THE BODY HOLDS RECORDS AND CATEGORIES OF RECORDS HELD ON EACH SUBJECT BY TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD | |
| 9. PROCESSING OF PERSONAL INFORMATION | |
| 10. FORMAL REQUEST TO ACCESS TO A RECORD | |
| 11. PRESCRIBED FEES | |
| 12. ACCESS TO INFORMATION PROCESS | |
| 13. AVAILABILITY OF TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD PAIA MANUAL | |
| 14. UPDATING OF TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD PAIA MANUAL | |
ACRONYMS, ABBREVIATIONS AND INTERPRETATION
| Term | Definition |
| Access Fee | This Access fee is paid by the requester to the body from which you are requesting the information, to cover the costs of finding and copying the records you require. What can be charged is prescribed by regulation. |
| Authorised Person | The authorised person is the person who is making a request on behalf of someone else and has been properly authorised in writing to do so. |
| CEO | Chief Executive Officer |
| Deemed Refused | If no response is received to a request within the prescribed time, this is defined as a “deemed refusal” |
| DIO | Deputy Information Officer |
| Deputy Information Officer (DIO) | A person designated by the Information Officer to assist the requester with their information request and to whom the Information Officer delegates other PAIA powers. |
| Form 2 | Is prescribed by regulation and is used to request access to information held by a private body |
| Head | Of, or in relation to, a private body means: In the case of a natural person, that natural person or any person duly authorised by that natural person.In the case of a partnership, any partner of the partnership or any person duly authorised by the partnership. In the case of a juristic person-The chief executive officer or equivalent officer of the juristic person or any person duly authorised by that officer; or the person who is acting as such or any person duly authorised by such acting person. |
| IO | Information Officer |
| Information Officer (IO) | A person authorised to handle PAIA requests, |
| Information Regulator | The Office of the Information Regulator has been created to monitor and enforce compliance in relation to both POPIA and PAIA and will take over the SAHRC’s responsibilities in terms of PAIA in 2021. |
| Minister | Minister of Justice and Correctional Services |
| PAIA | The Promotion of Access to Information Act 2 od 2000 (as amended) |
| Personal Requester | Means a requester seeking access to a record containing personal information about the requester. |
| POPIA | Protection of Personal Information Act No 4 of 2013 |
| Personal Information | Information about an identifiable individual (refer to our POPIA Manual) |
| Private Body | A natural person who carries or has carried on any trade, business, or profession, but only in such capacity. A partnership which carries or has carried on any trade, business, or profession; or any former or existing juristic person but excludes a public body. |
| Record | Of, or in relation to, a public or private body, means any recorded information: Regardless of form or medium; In the possession or under the control of that public or private body, respectively; whether or not it was created by that public or private body, respectively. |
| Regulator | Information Regulator, and |
| Republic | Republic of South Africa |
| Request for Access | A private body means a request for access to a record of a private body in terms of section 50 of The Act |
| Requester | a) Any person, including, but not limited to, a public body or an official thereof, making a request for access to a record of that private body or b) A person acting on behalf of the person contemplated in subparagraph |
| Third-Party | In relation to a request for access to a record of a private body means any person (including, but not limited to, a public body) other than the requester; but, for the purposes of sections 34 and 63 the reference to ‘person’ in paragraphs (a) and (b) must be construed as a reference to; natural person’. |
| Working Days | Means any days other than Saturdays, Sundays, or public holidays, as defined in section 1 of the Public Holidays Act, 1994 (Act 36 of 1994) |
1. BACKGROUND TO THE PROMOTION OF ACCESS TO INFORMATION
ACT
The Promotion of Access to Information Act, No 2 of 2000 (as amended) (“the Act”) was enacted on 3 February 2000, giving effect to the constitutional right of access to any information held by the state and any information that is held by another person and that is required for the exercise or protection of any rights. Where a request is made in terms of the Act, the body to whom the request is made is obliged to release the information, except where the Act expressly provides that the information may or may not be released. The Act sets out the requisite procedural issues attached to such request. The Act is read in conjunction with the Protection of Personal Information Act 4 of 2003 (as amended).
The purpose of PAIA is to promote the right of access to information, to foster a culture of transparency and accountability in South Africa, and to encourage an open democracy where individuals from all walks of life are empowered to engage with the Government and participate in decisions which affect their lives.
In terms of Section 51 of the Act, all Private Bodies are required to compile a PAIA Manual. Where a request is made in terms of the Act, the body to whom the request is made is obliged to release the information, subject to applicable legislative and/or regulatory requirements, except where the Act expressly provides that the information may or must not be released, The Act sets out the relevant procedure to be adopted when requesting information from a Public or a Private Body.
2. TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD PAIA MANUAL
TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD is an outsourcing business services company providing bookkeeping and administration services to a variety of and has developed and implemented The Promotion of Access to Information Act (PAIA) manual to support and promote best practices in protection and sharing information with the qualifying legal guidelines and Acts.
The Company has developed this PAIA manual as set out by section 51 of PAIA as the Act grants:
2.1 A requesters access to records from our Company as set out by the ACT as 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.
2.2 Requests are in terms of the Act shall be made under the prescribed procedures (access to information procedure) at the rates provided as set out by the Act. These forms, procedures, tariffs (where applicable) are set out in this manual on pages 16 and 20 as set out by PAIA.
2.3 The Company only shares personal information to the requester if personal information is held on behalf of that person, these records are kept in accordance with regulatory requirements and our documented records matrix retention periods.
Third-party requests for any personal information will be subjected to the formal process as set out by the access to information procedure by the Company. All formal requests are to be made to The Information Officer of The Company.
The PAIA Manual of the Company meets the requirements of the PAIA No 2 of 2000 as amended. It addresses the policy commitments to comply with the applicable legal requirement as per PAIA and other non-legal requirements to which it subscribes, to the promotion of access to information.
This PAIA Manual includes definitions, is sectioned from point 1 to 13, and is based on the requirements of section 51 of the Act.
This manual is shared on our website and is also used to guide the Information and Deputy Information Officers through the various requirements to be met, as well as accessible on site in hard copy for any interested parties wanting to view our manual and processes. We ensure records are secure, customer satisfaction, continual improvement in reviewing the manual continuously at a minimum annually.
3. PURPOSE OF PAIA MANUAL
This PAIA Manual is useful for the public to:
3.1 Establish the categories of records held by TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD which are available without a person having to submit a formal PAIA request;
3.2 Ensures a sufficient understanding of how to make a request for access to a record of TEBBUTT SPECIALISED SERVICES GROUP (TSSG), by providing a description of the subjects on which the body holds records and the categories of records held on each subject.
3.3 Know the description of the records of TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD which are available in accordance with any other legislation;
3.4 Access to the relevant contact details of the Information Officer and Deputy Information Officer who will assist the public with the records they intend to access;
3.5 Know if the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
3.6 Understand whether TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD will process personal information, the purpose of the processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;
3.7 Know the description of the categories of data subjects and of the information or categories of information relating thereto;
3.8 Know the recipients or categories of recipients to whom the personal information may be supplied;
3.9 Understand if TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD plans to transfer or process personal information outside of the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied and;
3.10 Know whether TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is processed.
4. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD
4.1 INFORMATION OFFICER
GEORGE TEBBUTT is the duly authorized person and is head of The Company therefore in terms of PAIA is the Information Officer:
TELEPHONE NUMBER: +27 84 599 6013
EMAIL ADDRESS: info@tssg.org.za
The duly authorised responsibilities/duties of the Information Officer is documented in the required appointment letters.
5. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE REGULATORS PAIA GUIDE
5.1 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.
5.2 The Guide is available in each of the official languages and in braille.
5.3 The aforesaid Guide contains the description of-
5.3.1 The objects of PAIA and POPIA
5.3.2 The postal and street address, phone and fax number and, if available, electronic mail address of-
5.3.2.1 The Information Officer of every public body, and
5.3.3 The manner and form of a request for-
5.3.3.1 Access to a record of a public body contemplated in section 11; and
5.3.3.2 Access to a record of a private body contemplated in section 50;
5.3.4 The assistance available from the IO of a public body in terms of PAIA and POPIA;
5.3.5 The assistance available from the Regulator in terms of PAIA and POPIA;
5.3.6 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-
5.3.6.1 An internal appeal;
5.3.6.2 A complaint to the Regulator; and
5.3.6.3 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;
5.3.7 The provisions of sections 14 and 51 requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
5.3.8 The provisions of sections 15 and 52 provide for the voluntary disclosure of categories of records by a public body and private body, respectively;
5.3.9 The notices issued in terms of sections 22 and 54 regarding fees to be paid in relation to requests for access; and
5.3.10 The regulations made in terms of section 92.
5.4 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.
5.5 The Guide can also be obtained-
5.5.1 Upon request to the Information Officer;
5.5.2 From the website of the Regulator www.justice.gov.za/inforeg/docs/misc/PAIA-Guide-English_20210905.pdf
5.5.3 The guide can also be requested in the language of your choice at www.justice.gov.za/inforeg/docs/forms/InfoRegSA-PAIA-Form01-Reg2.pdf
5.6 A hard copy of this Guide is available in English, for public inspection during office hours.
6. CATEGORIES OF RECORDS OF TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS.
| Category of records | Types of the Record | Available on Website | Available upon request |
| Marketing | Business Profile | X | X |
| Sales | Price Lists | X | |
| Information | Privacy Policy | X | X |
7. DESCRIPTION OF THE RECORDS OF TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD WHICH ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION.
| Category of Records | Applicable Legislation |
| PAIA Manual | Promotion of Access to Information Act 2 of 2000 |
| POPIA Manual | Protection of Personal Information Act 4 of 2013 |
| MOI | Companies Act No 71 of 2008 |
| BEE Certificate | Broad-Based Black Economic Empowerment Act, 2003 (as amended); |
| Tax Clearance | The Tax Administration Act 28 of 2011 (“the TAA”) |
8. DESCRIPTION OF THE SUBJECTS ON WHICH THE BODY HOLDSORDS AND CATEGORIES OF RECORDS HELD ON EACH SUBJECT BY TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD.
| Subjects on which the body holds records | Categories of records |
| Strategic Documents, Plans, Proposals | – Annual Reports – Business Plan – Strategic Plan – Annual Performance Plan. |
| Customers/Clients | Client personal information Bank details for stop orders Client Application Forms Client correspondence |
| Financials | Invoicing Statements Credit applications Financial Reports and budgets Payroll, UIF and SDLInsurance and Assurance |
| POPIA | POPIA Procedure and documentation |
| PAIA | PAIA Procedure and documentation |
9. PROCESSING OF PERSONAL INFORMATION
9.1 Purpose of Processing Personal Information
The following personal information is processed in our organization:
a) Client information- to establish transactional, and/or credit agreements, information and receiving and investigations of complaints.
b) Suppliers and External Service Provides- to establish a contractual agreement.
9.2 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 |
| Clients | Name of contact person, name of entity (where applicable), telephone and cellular numbers, fax, email addresses, name of directors/members/shareholders (where applicable), identity numbers physical and postal address of entity/member, founding documents & registration numbers (where applicable), vat related information (where applicable), banking particulars for debit order purposes, authorised signatories, credit status, complaints and incident reports |
9.3 The recipients or categories of recipients to whom the personal information may be Supplied.
9.3.1 Personal information will be shared with the data subject of which relates to their own personal information.
| Category of personal information | Recipients or Categories of Recipients to whom the personal information may be supplied by TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD |
| 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 Bureau |
| B-BBEE | Operator assisting the Company |
| Sending emails | Client job requirements and correspondence |
9.4 Planned transborder flows of personal information
None of our Companies personal details are supplied transborder.
9.5 Information Security Measures implemented by the responsible party to ensure the confidentiality, integrity and availability of TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD
All soft copies are kept internally on an internal server, backed up by password-protected one drive/google drive, utilising approved antivirus and anti-malware solutions, regular backups are performed and hard copies are kept in fireproof lockable cabinets, and the key is only held by the Information Officer.
10. FORMAL REQUEST FOR ACCESS TO A RECORD (Formal PAIA request for documentation)
TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD has developed access to information procedure to formalise the request for information and record process.
As prescribed by the Information Regulator form 2 is to be documented by the requester of the record and supplied to the private body (TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD).
Form 2 is downloadable on: https://www.justice.gov.za/inforeg/docs/forms/InfoRegSA-PAIA-Form02-Reg7.pdf
It is also available in this PAIA Manual on below page 15.
Address your request to the Information Officer or Information Officer as indicated on page 7 of this PAIA manual.
10.1 Provide sufficient details to enable the Company to identify:
a) The record(s) requested.
b) The requester (and if an agent is lodging the request, proof of capacity, etc.).
c) The form of access required.
d) (i) The post address or fax number of the requester in the Republic;
(ii) If the requester wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof;
e) The right in 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.
11. PRESCRIBED FEES
The following applies to requests (other than personal requests) for both Public and Private Bodies, TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD Prescribed fees are set out by Private Body fees.
Fees in Respect of Public Bodies
| Description | Amount | |
| 1. | The request fee payable by every requester | R100.00 |
| 2. | Photocopy of A4-size page | R1.50 per page or part thereof |
| 3. | Printed copy of A4-size page | R1.50 per page or part thereof |
| 4. | For a copy in a computer-readable form on (i) Flash drive (to be provided by the requestor) (ii) Compact disc • If provided by requestor • If provided to the requestor | R40.00 R40.00 R60.00 |
| 5. | For a transcription of visual images per A4-size page | Service to be outsourced. Will depend on quotation from Service provider |
| 6. | Copy of visual images | |
| 7. | Transcription of an audio record, per A4-size page | R24.00 |
| 8. | Copy of an audio record on (i) Flash drive (to be provided by requestor) (ii) Compact disc • If provided by requestor • If provided to the requestor | R40.00 R40.00 R60.00 |
| 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. To not exceed a total cost of | R100.00 R300.00 |
| 10. | Deposit: If search exceeds 6 hours | One-third of the amount per request calculated in terms of items 2 to 8 |
| 11 | Postage, e-mail or any other electronic transfer | Actual Expense, if any |
Fees in Respect of Private Bodies
| Description | Amount | |
| 1. | The request fee payable by every requester | R140.00 |
| 2. | Photocopy of A4-size page | R2.00 per page or part thereof |
| 3. | Printed copy of A4-size page | R2.00 per page or part thereof |
| 4. | For a copy in a computer-readable form on (i) Flash drive (to be provided by requestor) (ii) Compact disc • If provided by requestor • If provided to the requestor | R40.00 R40.00 R60.00 |
| 5. | For a transcription of visual images per A4-size page | Service to be outsourced. Will depend on quotation from Service provider |
| 6. | Copy of visual images | |
| 7. | Transcription of an audio record, per A4-size page | R24.00 |
| 8. | Copy of an audio record on (i) Flash drive (to be provided by requestor) (ii) Compact disc • If provided by requestor • If provided to the requestor | R40.00 R40.00 R60.00 |
| 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. To not exceed a total cost of | R145.00 R435.00 |
| 10. | Deposit: If search exceeds 6 hours | One-third of the amount per request is calculated in terms of items 2 to 8 |
| 11 | Postage, e-mail or any other electronic transfer | Actual Expense, if any |
11.1 A requestor is required to pay the prescribed fee before a request will be processed.
11.2 If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid off not more than one-third of the access fee which would be payable if the request were granted).
11.3 A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit.
11.4 Records may be withheld until the fees have been paid.
12. ACCESS TO INFORMATION PROCESS
Once the form 2 requested information is received it is documented in the requested information register and a Management meeting will be held which will include an agenda, date, time and place of meeting, minutes of the meeting is documented on the outcomes of the decision, based on the decision the requester is notified in writing of the decision (based on what grounds of refusal or grant the requested information), following the access to information procedure.
A documented master document/record index is documented including the retention period of these documents.
| PAIA Management System | ||
| Reference No | Reference No | TITLE & DESCRIPTION |
| PAM001 | 50 / 51 | PAIA Manual |
| Procedures | ||
| Reference No | Reference No | TITLE & DESCRIPTION |
| PAP001 | 55-73 | Access to Information Procedure |
| Flow Chart & Forms/Records | ||
| Form 2 | 53/7 | Request for Access to a Record |
| Form 5 | 10 | Complaint form to Regulator downloadable https://www.justice.gov.za/inforeg/ |
13. AVAILABILITY OF TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD PAIA MANUAL
13.1 A copy of the Manual is available-
13.1.1 On the website at www.tssg.org.za;
13.1.2 At offices of TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD for public inspection during normal business hours;
13.1.3 To any person upon request and upon the payment of a reasonable prescribed fee; And
13.1.4 To the Information Regulator upon request.
13.2 A fee for a copy of the Manual, as contemplated by page 19 of this PAIA Manual (Annexure B of the Regulations/prescribed fees), shall be paid per each A4-size photocopy made.
14. UPDATING OF TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD PAIA MANUAL
The head of TEBBUTT SPECIALISED SERVICES GROUP (TSSG) PTY LTD will on a regular basis update this manual, at a minimum annually.
Issued by
George Tebbutt
CEO