PAIA — PAIA Manual Template: PAIA Manual Template — Private Body (source: https://inforegulator.org.za/wp-content/uploads/2020/07/PAIA-Manual-Template-Private-Body.pdf)
PAIA Manual Template: Private Body
[INSERT THE LOGO AND NAME OF YOUR ORGANISATION)
PAIA MANUAL
Prepared in terms of section 51 of the
Promotion of Access to Information Act
2 of 2000 (as amended)
DATE OF COMPILATION: 01/10/2021
DATE OF REVISION: 01/10/2021
PAIA Manual Template: Private Body
TABLE OF CONTENTS
PAIA Manual Template: Private Body
1. LIST OF ACRONYMS AND ABBREVIATIONS
NB: please insert relevant applicable acronyms and abbreviations
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 No. 2 of 2000( as
Amended;
1.6 “POPIA” Protection of Personal Information Act No.4 of 2013;
1.7 “Regulator” Information Regulator; and
1.8 “Republic” Republic of South Africa
2. PURPOSE OF PAIA MANUAL
This PAIA Manual is useful for the public to-
2.1 check the categories of records held by a body which are available without a person
having to submit a formal PAIA request;
2.2 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;
2.3 know the description of the records of the body which are available in accordance
with any other legislation;
PAIA Manual Template: Private Body
2.4 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;
2.5 know the description of the guide on how to use PAIA, as updated by the Regulator
and how to obtain access to it;
2.6 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;
2.7 know the description of the categories of data subjects and of the information or
categories of information relating thereto;
2.8 know the recipients or categories of recipients to whom the personal information
may be supplied;
2.9 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
2.10 know whether the body has appropriate security measures to ensure the
confidentiality, integrity and availability of the personal information which is to be
processed.
3. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF THE (INSERT THE
NAME OF THE PRIVATE BODY)
3.1. Chief Information Officer
Name: Full names of the CEO or Managing Director
Tel: His/her landline
Email: His/her email address
Fax number: Fax number
PAIA Manual Template: Private Body
3.2. Deputy Information Officer (NB: if more than one Deputy Information Officer is
designated, please provide the details of every Deputy Information Officer of the
body designated in terms of section 17 (1) of PAIA.
Name: Name of the Deputy Information Officer
Tel: Work telephone numbers
Email: Email address
Fax Number: Fax number
3.3 Access to information general contacts
Email: Provide general email address for access to information
3.4 National or Head Office
Postal Address:
Provide Postal Address
Physical Address: Provide physical address
Telephone: Provide general contact numbers for the organisation
Email: Provide general contact email address for the organisation
Website: Specify the website of the organisation, if any
4. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE
4.1. 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.
4.2. The Guide is available in each of the official languages and in braille.
4.3. The aforesaid Guide contains the description of-
PAIA Manual Template: Private Body
4.3.1. the objects of PAIA and POPIA;
4.3.2. the postal and street address, phone and fax number and, if available,
electronic mail address of-
4.3.2.1. the Information Officer of every public body, and
4.3.2.2. every Deputy Information Officer of every public and private
body designated in terms of section 17(1) of PAIA1 and
section 56 of POPIA2;
4.3.3. the manner and form of a request for-
4.3.3.1. access to a record of a public body contemplated in section
113; and
4.3.3.2. access to a record of a private body contemplated in section
504;
4.3.4. the assistance available from the IO of a public body in terms of PAIA and
POPIA;
4.3.5. the assistance available from the Regulator in terms of PAIA and POPIA;
4.3.6. 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-
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.
PAIA Manual Template: Private Body
4.3.6.1. an internal appeal;
4.3.6.2. a complaint to the Regulator; and
4.3.6.3. 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;
4.3.7. the provisions of sections 145 and 516 requiring a public body and private
body, respectively, to compile a manual, and how to obtain access to a
manual;
4.3.8. the provisions of sections 157 and 528 providing for the voluntary disclosure
of categories of records by a public body and private body, respectively;
4.3.9. the notices issued in terms of sections 229 and 5410 regarding fees to be
paid in relation to requests for access; and
4.3.10. the regulations made in terms of section 9211.
5Section 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.
6 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.
7 Section15(1) of PAIA- The information officer of a public body, must make available in the prescribed manner a description of the
categories of records of the public body that are automatically available without a person having to request access
8 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
9 Section22(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.
10 Section54(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.
11 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.”
PAIA Manual Template: Private Body
4.4. 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.
4.5. The Guide can also be obtained-
4.5.1. upon request to the Information Officer;
4.5.2. from the website of the Regulator (https://www.justice.gov.za/inforeg/).
4.6 A copy of the Guide is also available in the following two official languages, for public
inspection during normal office hours-
4.6.1 ( SPECIFY THE TWO OFFICIAL LANGUAGES)
5. CATEGORIES OF RECORDS OF THE (INSERT THE NAME OF THE BODY) WHICH
ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS
NB: Please specify the categories of records held by the body which are available without
a person having to request access by completing Form C, types of the records and how
the records can be accessed. These are mostly records that maybe available on the
website and a person may download or request telephonically or by sending an email or
a letter.
Below is an example of the table that can be used.
Category of records Types of the Record Available on Available
Website upon
request
X X
6. DESCRIPTION OF THE RECORDS OF (INSERT THE NAME OF THE BODY) WHICH
ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION
PAIA Manual Template: Private Body
NB: Please specify all the records which are created and available in accordance with any
of the South African legislation. Below is an example of the table that can be used in
describing the records and applicable legislation.
Category of Records Applicable Legislation
Memorandum of incorporation Companies Act 71 of 2008
PAIA Manual Promotion of Access to Information Act 2 of
2000
7. DESCRIPTION OF THE SUBJECTS ON WHICH THE BODY HOLDS RECORDS AND
CATEGORIES OF RECORDS HELD ON EACH SUBJECT BY THE (INSERT THE
NAME OF THE BODY)
NB: Describe the subjects (i.e. Finance, SCM or HR), in respect of which the body holds
records and the categories of records held on each subject. Below is an example of the
table that can be used. .
Subjects on which the body Categories of records
holds records
Strategic Documents, Plans, Annual Reports, Strategic Plan, Annual
Proposals Performance Plan.
Human Resources - HR policies and procedures
- Advertised posts
- Employees records
8. PROCESSING OF PERSONAL INFORMATION
8.1 Purpose of Processing Personal Information
PAIA Manual Template: Private Body
NB: Describe the purpose or reasons for processing personal information in your
organisation.
8.2 Description of the categories of Data Subjects and of the information or
categories of information relating thereto
NB: Specify the categories of data subjects in respect of whom the body processes
personal information and the nature or categories of the personal information being
processed.
Below is the template that can be used to set out the categories of data subjects
and the description of the nature or categories of the personal information to be
processed. Note that the nature or categories of the personal information is
dependent on the purpose of the body in performing its functions or services. .
Categories of Data Personal Information that may be processed
Subjects
Customers / Clients name, address, registration numbers or identity
numbers, employment status and bank details
Service Providers names, registration number, vat numbers, address,
trade secrets and bank details
Employees address, qualifications, gender and race
8.3 The recipients or categories of recipients to whom the personal information
may be supplied
NB: Specify the person or category of persons to whom the body may disseminate
personal information. Below is an example of the category of personal information
which may be disseminated and the recipient or category of recipients of the
personal information.
PAIA Manual Template: Private Body
Category of personal information Recipients or Categories of Recipients to
whom the personal information may be
supplied
Identity number and names, for South African Police Services
criminal checks
Qualifications, for qualification South African Qualifications Authority
verifications
Credit and payment history, for Credit Bureaus
credit information
8.4 Planned transborder flows of personal information
NB: Indicate if the body has planned transborder flows of personal information. For
example, some personal information may be stored in the cloud outside the
Republic. Please specify the country in which personal information will be
stored and categories of personal information.
8.5 General description of Information Security Measures to be implemented by
the responsible party to ensure the confidentiality, integrity and availability of
the information
NB: Specify the nature of the security safeguards to be implemented or under
implementation to ensure the confidentiality and integrity of the personal information
under the care of the body. This may, for example, include Data Encryption; Anti-
virus and Anti-malware Solutions.
9. AVAILABILITY OF THE MANUAL
9.1 A copy of the Manual is available-
9.1.1 on ( specify the website), if any;
PAIA Manual Template: Private Body
9.1.2 head office of the ( name of the body) for public inspection during normal
business hours;
9.1.3 to any person upon request and upon the payment of a reasonable
prescribed fee; and
9.1.4 to the Information Regulator upon request.
9.2 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.
10. UPDATING OF THE MANUAL
The head of a (insert the name of private body) will on a regular basis update this manual.
Issued by
___________________________________________________
(Insert the Name of the information Officer)
(Title of the head of the body. e.g. Chief Executive Officer)
Intellectual Property Rights from Publicly Financed Research and
