PAIA Manual

INTRODUCTION

Section 32 of the Constitution of the Republic of South Africa, 1996 provides that everyone has the 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. The Promotion of Access to Information Act, 2 of 2000 (the “Act”) gives effect to this constitutional right.

AVAILABILITY OF THIS MANUAL

This manual is available for inspection at the offices of eduSYMS free of charge. Copies are also available from the South African Human Rights Commission and on the eduSYMS website.

INFORMATION OFFICER AND CONTACT DETAILS

The Information Officer of eduSYMS is:

Name: Lovemore Chanengeta
Email: [email protected]
Phone: +27762636000

HEAD OF BODY AND CONTACT DETAILS

The Head of eduSYMS is:

Name: Lovemore Chanengeta
Email: [email protected]
Phone: +27762636000

ACCESS TO THE INFORMATION REGULATOR’S GUIDE

A guide on how to use the Act is available from the South African Human Rights Commission. The guide contains information required by a person who wishes to exercise any right contemplated in the Act.

PROCEDURE FOR REQUESTING ACCESS TO RECORDS

A 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.

PRESCRIBED FEES

The Act provides for two types of fees, namely:

- A request fee, which will be a standard fee; and
- An access fee, which must be calculated by considering reproduction costs, search and preparation time and cost, as well as postal costs.

RECORDS AUTOMATICALLY AVAILABLE

The following categories of records are automatically available for inspection, purchase or photocopying:

- Records which are available without a person having to request access in terms of the Act in terms of section 52(2) of the Act;
- Records which are available in terms of other legislation are listed in Annexure A.

RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION

Information is available in terms of the following legislation to the persons or entities specified in such legislation:

- Companies Act, 2008
- Employment Equity Act, 1998
- Basic Conditions of Employment Act, 1997
- Compensation for Occupational Injuries and Diseases Act, 1993
- Value Added Tax Act, 1991

RECORDS HELD BY eduSYMS ENTITY AND POPIA COMPLIANCE

eduSYMS maintains records on the following categories and subject matters:

- Internal Records
- Personnel Records
- Customer-related Records
- Other Party Records
- Marketing Records
- Website Records

PLANNED TRANSBORDER FLOWS OF PERSONAL INFORMATION

There are instances where personal information may be transmitted across South African borders. This is primarily due to the hosting of data on servers that are located outside of South Africa. In these instances, the necessary safeguards are put in place to ensure the protection of the data.

INFORMATION SECURITY MEASURES

eduSYMS has implemented various technical and organisational measures to secure the integrity and confidentiality of personal information in its possession to prevent the loss, damage or unauthorised destruction of personal information and unlawful access to or processing of personal information.

GROUNDS FOR REFUSAL OF ACCESS TO INFORMATION AND/OR RECORDS

The Act sets out certain requirements for the refusal of access to records. The main grounds for the body to refuse a request for information related to the:

- Protection of personal information of a third party who is a natural person, which would involve the unreasonable disclosure of personal information;
- Protection of commercial information of a third party (for example trade secrets, financial, commercial, scientific or technical information that may harm the commercial or financial interests of a third party);
- If disclosure would result in a breach of a duty of confidence owed to a third party;
- If disclosure would jeopardize the safety of individuals or property;
- If disclosure would prejudice or impair the security of property or means of transport;
- If disclosure would prejudice or impair the protection of a person in accordance with a witness protection scheme;
- If disclosure would prejudice or impair the protection of the safety of the public;
- If the record is privileged from production in legal proceedings unless the privilege has been waived;
- If disclosure of the record would harm the commercial or financial interests of the Republic of South Africa;
- If the record consists of information prepared for the purpose of criminal proceedings or proceedings before a tribunal;
- If the record consists of information relating to the appointment of a judicial officer, the appointment of a public office bearer or the employment of a public servant;
- If the record consists of information relating to the appointment or employment of an individual by a public body, including the terms of any appointment or employment contract, the remuneration and benefits, the performance of the individual or any disciplinary proceedings conducted;

APPEAL

A requester that is dissatisfied with an information officer’s refusal to disclose information may within 30 days of notification of the decision, apply to a relevant court for relief.