PAIA Manual

B. PARTICULARS IN TERMS OF SECTION 51 PAIA MANUAL

1. Contact details [Section 51(1)(a)]

Contact person: Darren Crosse

Postal address: P O Box 50, Ottery, 7808

Physical address: 1 Clifford Street, Ottery, 7800

Telephone number: +27 21 7636990

Fax to email number: +27 86 719 7362

Website address: www.nutecdigital.com

Email: darren.crosse@nutecdigital.com

2. The section 10 Guide on how to use the Act [Section 51(1)(b)]

The Guide will be available from the Information Regulator.

The details of the Information Regulator are as follows:-

Physical address: 33 Hoof Street, Forum III, 3rd floor, Braampark; and

Postal address: P O Box 31533, Braamfontein, Johannesburg, 2017

Telephone no.: +27 (0) 10 023 5200

General enquiries email: inforeg@justice.gov.za / enquiries@inforegulator.org.za

Website: https://www.justice.gov.za/inforeg/contact.html

3. Records available in terms of any other legislation [Section 51(1)(d)]

• Basic Conditions of Employment No. 75 of 1997
• Companies Act No. 61 of 1973
• Compensation for Occupational Injuries and Health Diseases Act No.130 of 1993
• Copyright Act No. 98 of 1978
• Currency and Exchanges Act No. 9 of 1933
• Employment Equity Act No. 55 of 1998
• Finance Act No. 35 of 2000
• Financial Services Board Act No. 97 of 1990
• Financial Relations Act No. 65 of 1976
• Harmful Business Practices Act No. 23 of 1999
• Income Tax Act No. 95 of 1967
• Insolvency Act No. 24 of 1936
• Insurance Act No 27 of 1943
• Intellectual Property Laws Amendments Act No. 38 of 1997
• Labour Relations Act No. 66 of 1995
• Medical Schemes Act No. 131 of 1998
• Occupational Health & Safety Act No. 85 of 1993
• Pension Funds Act No. 24 of 1956
• Regional Services Councils Act No. 109 of 1985
• SA Reserve Bank Act No. 90 of 1989
• Skills Development Levies Act No. 9 of 1999
• Skills Development Act No. 97 of 1998
• Stamp Duties Act No. 77 of 1968
• Trade Marks Act No. 194 of 1993
• Unemployment Contributions Act No. 4 of 2002
• Unemployment Insurance Act No. 63 of 2001
• Value Added Tax Act No. 89 of 1991

4. Access to the records held by the private body in question [Sections 51(1)(c) and 51(1)(e)]

i. The latest notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act in terms of section 52(2) [Section 51(1)(c)]:

Safety Data Sheets and Product Brochures

ii. Records that may be requested. A description of the subjects of the records held by the body and the categories in which these subjects are classed [Section 51(1)(e)]

Administration:

• • Licenses
  • Minutes of management meetings
  • Minutes of staff meetings
  • Correspondence

Human Resources:

• • Staff recruitment policies
  • Employment contracts
  • Remuneration records and policies
  • Company tax submissions in respect of employees
  • Confidentiality agreements
  • Disciplinary records
  • Employee personal data
  • Equity plans
  • Medical aid records

Operations:

• • Sales records
  • Quality testing procedures and records
  • Production records
  • Customer Records and credit services
  • Credit application forms
  • Customer records
  • Debtors
  • Customer details and payments
  • Sales records

Finances:

• • Financial statements
  • Annual financial statements
  • Stock records
  • Assets inventory

Information technology:

• • Business and data information
  • Domain name registrations

Intellectual property:

• • Trademarks, trade names and protected names
  • Agreements pertaining to intellectual property

iii. The request procedures

Form of request:

• • The requester must use the prescribed form to make the request for access to a record. This must be made to the head of the private body. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].
  • The requester must provide sufficient detail on the request form to enable the head of the private body to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c)].
  • The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2)(d)].
  • If a request is made on behalf of a another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body [s 53(2)(f)].

Fees:

• • A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee.
  • The head of the private body must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)].
  • The fee that the requester must pay to a private body is R50. The requester may lodge an application to the court against the tender or payment of the request fee [s 54(3)(b)].
  • After the head of the private body has made a decision on the request, the requester must be notified in the required form.
  • If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].

5. Other information as may be prescribed [Section 51(1)(f)]

The Minister of Justice and Constitutional Development has not made any regulations in this regard.

6. Availability of the manual [Section 51(3)]

Further copies of this manual, as updated, can be obtained and inspected at the offices of the Company at the address listed above. This manual can also be accessed on the Company’s website.

NOTE: This PAIA Manual was originally published by the Company in 2015. Last updated 31 December 2021.