PAIA Manual

1. Introduction

On 9 March 2001, the Promotion of Access to Information Act, No. 2 of 2000 (“the Act”) came into operation, giving effect to the section 32(2) constitutional right of access to information. In terms of Section 51(1) of the Act, all heads of private bodies are required to compile a manual that provides information regarding the subjects and categories of records held by such private bodies. This document serves as the Company’s information manual and provides reference to the records held by the Company and the process to request access to such records. Recent significant amendments to the Act have enhanced its provisions, including its integration with the Protection of Personal Information Act, No. 4 of 2013 (“POPIA”), which aims to safeguard personal data and ensure that access to information does not infringe upon privacy rights.

2. Availability of the Manual

A copy of this manual is available to the public for inspection on the Company’s website at kitrin.com, or on request from the designated contact person referred to in this manual. This manual is also available for inspection at the Company’s offices free of charge, and copies are available with the Information Regulator.

3. Core Business

The Company’s core business is the development of business related software and providing related consulting for healthcare practitioners, financial advisors and other service professionals.

4. Contact Details

Responsibility for the administration of and compliance with PAIA has been delegated by the Company to the Information Officer. All requests pursuant to the provisions of PAIA must be directed to the Information Officer as follows:

Contact person: Oliver Nagaya (Information Officer)
Postal address: Office 301, 3rd Floor, Eikestad Mall, 43 Andringa Street, Stellenbosch, Western Cape, South Africa, 7600
Physical address: Office 301, 3rd Floor, Eikestad Mall, 43 Andringa Street, Stellenbosch, Western Cape, South Africa, 7600
Phone number: +27 (0)10 500 3200
Email: legal@kitrin.com

5. Guide for Requestors on how to use the Act

The Act grants a requester access to records of 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. Requests in terms of the Act must be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in the regulations to the Act.

A Guide has been compiled in terms of Section 10 of the Act by the Information Regulator. It contains information to assist a person wishing to exercise a constitutional right in terms of the Act. The Guide is available from the South African Human Rights Commission (PAIA Unit) as follows:

Physical address: 29 Princess of Wales Terrace, corner York and St. Andrews Streets, Parktown
Postal address: Private Bag 2700, Houghton, 2041
Telephone number: +27 (11) 877 3600
Fax number: +27 (11) 403 0625
Email: PAIA@sahrc.org.za

6. Records freely available to the Public

The categories of records that are available without a person having to request access in terms of the Act are:

• Certain marketing information, adverts and brochures
• Certain product information
• External media releases
• Public company records

7. Records Held in Accordance with Legislation

The Company holds records in accordance with the following legislation:

• Basic Conditions of Employment Act, No. 75 of 1997
• Broad Based Black Economic Empowerment Act, No. 53 of 2003
• Companies Act, No. 71 of 2008
• Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993
• Constitution of South Africa Act, No. 108 of 1996
• Copyright Act, No. 98 of 1987
• Deeds Registries Act, No. 47 of 1937
• Electronic Communications and Transactions Act, No. 2 of 2000
• Employment Equity Act, No. 55 of 1998
• Environment Conservation Act, No. 73 of 1989
• Firearms Control Act, No. 60 of 2000
• Financial Advisory and Intermediary Services Act, No. 37 of 2002
• Financial Intelligence Centre Act, No. 38 of 2001
• Income Tax Act, No. 58 of 1962
• Labour Relations Act, No. 66 of 1995
• Long Term Insurance Act, No. 52 of 1998
• National Road Traffic Act, No. 93 of 1996
• Occupational Health and Safety Act, No. 85 of 1993
• Promotion of Access to Information Act, No. 2 of 2000
• Promotion of Equality and Prevention of Unfair Discrimination Act, No. 4 of 2000
• Protected Disclosures Act, No. 26 of 2000
• Protection of Personal Information Act, No. 4 of 2013
• Regulation of Interception of Communications and Provision of Communication-Related Information Act, No. 70 of 2002
• Skills Development Act, No. 97 of 1997
• Skills Development Levy Act, No. 9 of 1999
• Short Term Insurance Act, No. 53 of 1998
• Tobacco Products Control Act, No. 12 of 1999
• Trade Marks Act, No. 194 of 1993
• Transfer Duty Act, No. 40 of 1949
• Unemployment Insurance Act, No. 63 of 2001
• Value-Added Tax Act, No. 89 of 1991

Please note that while we have made every effort to identify all pertinent legislation, we cannot guarantee that all legislation has been included. Any omission is unintended.

8. Client Records

The Company holds the following categories of records in respect of clients:

• Financial Information
• Correspondence
• Fee Files
• Contracts
• Reports
• Business Information
• Findings and Recommendation reports
• Investigative Material
• Legal Documentation
• Proposal and Tender Documents
• Project Plans
• Risk Management Records
• Solution Methodologies
• Working Papers

9. Corporate Governance and Company Secretarial

The Company holds the following categories of records in respect of corporate governance and company secretarial:

• Applicable statutory documents such as but not limited to certificates of incorporation and certificates to commence business
• Annual Reports
• Codes of Conduct
• Corporate Social Investment Records
• Corporate Structure Diagrams
• Governing Board Meeting Minutes
• Executive Committee Meeting Minutes
• Risk Management Records
• Legal and Compliance Records
• Statutory Returns
• Policies
• Memorandum of Incorporation
• Share Registers
• Share Certificates
• Shareholder Agreements
• Minutes of Meetings

10. Finance and Administration

The Company holds the following categories of records in respect of finance and administration:

• Accounting Records
• Annual Financial Statements
• Agreements
• Banking Records
• Correspondence
• Invoices and Statements
• Management Reports
• Tax Records and Returns

11. Human Resources

The Company holds the following categories of records in respect of human resources:

• Accounting and Payroll Records
• BEE Statistics
• Career Development Records
• Personnel Information
• Employment Equity Reports
• General Terms of Employment
• Letters of Employment
• Leave Records
• PAYE Records and Returns
• Performance Management Records
• Policies and Procedures
• UIF Returns
• Retirement Benefit and Medical Aid

12. Information Management

The Company holds the following categories of records in respect of information management:

• Contracts and Agreements
• Equipment Register
• Information Policies, Standards, Procedures and Guidelines

13. Training

The Company holds the following categories of records in respect of training:

• Training Materials
• Training Records and Statistics
• Training Agreements

14. Media

The Company holds the following categories of records in respect of media:

• External Publications
• Internal Publications
• Reference Works
• Periodicals
• Research Files (Articles)

15. Marketing and Communication

The Company holds the following categories of records in respect of marketing and communications:

• Proposal Documents
• New Business Development
• Brand Information Management
• Marketing Strategies
• Communication Strategies
• Agreements
• Client Relationship Programmes
• Marketing Brochures

16. Operations

The Company holds the following categories of records in respect of operations:

• Access Control Records
• Agreements
• Archival Administration Documentation
• Communication Strategies
• Contracts
• General Correspondence
• Patents and Trade Mark Documents
• Insurance Documentation
• Service level agreements
• Travel Documentation
• Vehicle Registration Documents

17. Access Request Procedure

Please note that the successful completion and submission of an access request form does not automatically allow the requester access to the requested record. An application for access to a record is subject to certain limitations if the requested record falls within certain categories as specified in the Act. If it is suspected that the requester has obtained access to records through the submission of materially false or misleading information, legal proceedings may be instituted against the requester.

Completion of the Access Request Form

In order to facilitate a timely response to requests for access, all requesters should take note of the following when completing the Access Request Form:

• An Access Request Form must be completed. This form must be in the prescribed format as defined in Form C of Annexure B, as identified in Government Notice Number 187, Regulation 6. A copy of the request form is available from the Information Officer.
• Proof of identity is required to authenticate the identity of the requester. In addition to the access form, requesters will be required to supply a copy of their identification document.
• Type or print in BLOCK LETTERS an answer to every question.
• If a question does not apply, state “N/A” in response to that question.
• If there is nothing to disclose in reply to a particular question, state “nil” in response to that question.
• If there is insufficient space on a printed form, additional information may be provided on an additional attached page.

Please note:

• In terms of Section 53 of PAIA, the requester is required to provide sufficient detail on the prescribed request form (Form C) to enable the Company to identify both the record and the requester. The requester should also indicate the format access is required in, and any other manner in which the requester is to be informed.
• The requester must identify the right that is sought to be exercised or protected and provide an explanation of why the requested record is required for the exercise or protection of that right.
• If a request is made on behalf of another person, the requester must submit proof of the capacity in which the request is made, to the satisfaction of the Company.
• An application for access to information can be refused if the application does not comply with the procedural requirements of the Act.
• The successful completion and submission of an access request form does not automatically allow the requester access to the requested record.

If the request is for access to a record that contains information about a third party, the Company is obliged to contact the third party to inform them of the request and to provide them with a 21-day period to respond, either by consenting to the access or by providing reasons why access should be denied. In the event that the third party furnishes reasons for the support or denial of access, the Company will consider these reasons in determining whether access may be granted.

Submission of the Access Request Form

• The completed Access Request Form, together with a copy of the identity document, must be submitted via mail, email or fax, addressed to the contact person indicated above.
• An initial request fee of R50.00 is payable on submission.
• This fee is not applicable to Personal Requesters, referring to any person seeking access to records that contain their own personal information.

Payment of Fees

• Payment details can be obtained from the contact person indicated above and may be made by EFT (no credit card payments are accepted). Proof of payment must be supplied.
• The access fee must be paid prior to access being given to the requested record.
• If the request for access is successful, an access fee may be required for the search, reproduction and/or preparation of the record(s) and will be calculated based on the prescribed fees.
• If a deposit has been paid in respect of a request for access which is refused, the Information Officer concerned must repay the deposit to the requester, excluding any prescribed request fee.

Notification

• The Company will, within 30 calendar days of receipt of the request and payment of the prescribed request fee (if applicable), decide whether to grant or decline the request and give notice with reasons to that effect.
• The 30-day period may be extended for a further period of not more than thirty days if the request is for a large volume of information, or requires a search for information held at another office of the Company that cannot reasonably be obtained within the original 30-day period. The Company will notify the requester in writing should an extension be sought.

Grounds for Refusal of Access to Records

The main grounds for refusal of a request for information are:

• Mandatory protection of the privacy of a third party who is a natural person, where this would involve the unreasonable disclosure of personal information of that natural person, in accordance with the requirements of the Protection of Personal Information Act, No. 4 of 2013 (“POPIA”), ensuring that all personal data is processed lawfully and in a manner that respects the individual’s privacy rights.
• Mandatory protection of the commercial information of a third party, if the record contains trade secrets of that party; financial, commercial, scientific or technical information whose disclosure could likely cause harm to the financial or commercial interests of that party; or information disclosed in confidence by a third party to the Company, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition.
• Mandatory protection of confidential information of third parties if it is protected in terms of any agreement.
• Mandatory protection of the safety of individuals and the protection of property.
• Mandatory protection of records which could be regarded as privileged in legal proceedings.
• The commercial activities of the Company, which may include trade secrets of the Company, or financial, commercial, scientific or technical information whose disclosure could likely cause harm to the financial or commercial interests of the Company.

Note that the requester may lodge an application with the court against the Company’s rejection of an application within 180 days of being informed of the decision. For details on the procedure, please refer to Chapter 2 of Part 4 of the Act. If the request for access is granted, the requester will be able to gain access to the requested records as soon as is reasonably possible, but only after the access fees have been paid.

18. 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. If the request is granted, then further fees are payable for the search, reproduction and preparation, and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.

Schedule of Fees

The fee for a copy of this manual, as contemplated in regulation 9(2)(c), is R1.10 for every photocopy of an A4-size page or part thereof.

The fees for reproduction referred to in regulation 11(1) are as follows:

The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2), is R50.00.

The access fees payable by a requester referred to in regulation 11(3) are the same per-item amounts set out in the table above. In addition, to search for and prepare the record for disclosure, a fee of R30.00 is payable for each hour or part of an hour reasonably required for such search and preparation. The actual postage is payable when a copy of a record must be posted to a requester.

Request Form

Requests for access to records of a private body must be made on the prescribed Form C (Request for Access to Record of Private Body) under Section 53(1) of the Promotion of Access to Information Act, 2000. A copy of Form C is available on request from the Information Officer at legal@kitrin.com, and may also be obtained from the Information Regulator.