PAIA - Promotion of Access to Information Act
PAIA - Promotion of Access to Information Act
INFORMATION MANUAL IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2 OF 2000 (the “ACT”) IN RESPECT OF SLATER FITNESS AND HEALTH - VEREENIGING C.C, REGISTRATION NUMBER: 1999/034381/23, INCLUDING ALL SUBSIDIARIES AND ASSOCIATED GROUP ENTITIES (“THE SLATER GYM GROUP”)
1. Introduction
The Promotion of Access to Information Act, Act 2 of 2000 (the "Act") seeks, inter alia, to give effect to the constitutional right of access to any information held by the state, or by any other person, where such information is required for the exercise or protection of any right. When a request is made in terms of the Act, there is an obligation to release the information, except in circumstances where the Act expressly provides that the information must not be released, or may be withheld. The Act stipulates the requisite procedures in order to process any request for information.
The Act also requires public and private bodies to compile manuals that provide information on both the
types and categories of records held by such public and private bodies. The Slater Gym Group is a private body under paragraph (c) of the definition of “private body” in section 1 of the Act.
To extent that the Protection of Personal Information Act, Act 4 of 2013 (the "POPI Act"), or any sections thereof, has come into effect at the time of a request for information under the Act, any prohibitions on the release of personal information (as defined in the POPI Act) of a third party, who is either an identifiable natural person, or an identifiable existing juristic person, will be adhered to.
A guide on how to use the Act has been compiled by the South African Human Rights Commission (“SAHRC”). In terms of Section 10 of the Act, it contains information required by a person wishing to exercise any right contemplated by the Act. The Guide is available for inspection, inter alia, at the offices of the South African Human Rights Commission, the details of which are as follows:
Postal and Physical Address:
The South African Human Rights Commission
Braampark Forum III
33 Hoofd Street
Braamfontein
Johannesburg
Gauteng
2041
Republic of South Africa
Telephone: +27 (0)11 877 3600
Fax: +27 (0)11 403 0625
Website: www.sahrc.org.za
E-mail: paia@sahrc.org.za; info@sahrc.org.za; complaints@sahrc.org.za
2. Purpose of the manual
The manual (as required by Section 51 of the Act) is intended to foster a culture of transparency and accountability, and to promote effective governance of private bodies, by giving effect to the right to information that is required for the exercise or protection of any right and to actively promote a society in which South Africans have effective access to information to enable them to fully exercise and protect their rights.
Notwithstanding the above, Section 9 of the Act recognises that such right to access to information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:
• Limitations aimed at the reasonable protection of privacy;
• Commercial confidentiality; and
• Effective, efficient and good governance;
In addition, the right to access to information must be in a manner which balances that right with any other rights, including such rights as contained in the Bill of Rights in the Constitution of the Republic of South Africa.
The purpose of this manual is to inform requesters of the procedural and other requirements which a request for information must meet as prescribed by the Act.
3. Contact details
Name of Private Body: Slater Fitness And Health - Vereeniging C.C, including all subsidiaries and associated group entities
Registration Number: 1999/034381/23
Nature of Principal Business: Owner and operator of health and fitness clubs in the Republic of South Africa
Physical Address: Corner of Bashee and Umtata Streets, Three Rivers, Vereeniging, 1935, Republic of South Africa
Postal Address: P.O. Box 264826, Three Rivers, 1935, Republic of South Africa
Head of Private Body: Bruce Slater
Information Officer: Bruce Slater
Electronic Mail: slater2@worldonline.co.za
Telephone Number: +27 (0)16 423 1229
4. Records automatically available (section 51(1)(c))
The following records are automatically available to any person requesting this information and it is therefore not necessary to apply for access thereto in terms of the Act:
• Marketing Brochures
• Promotional pamphlets and leaflets
• Membership price lists
• All public information and records freely available on the Slater Group's website at https://www.slatergym.com.
Requests for the above mentioned records may be sent to any of the addresses provided under Contact Details.
5. Records that are available in accordance with legislation
Records are available in terms of the following legislation:
- Basic Conditions of Employment Act, 75 of 1997;
- Close Corporations Act, 69 of 1984;
- Companies Act, 71 of 2008;
- Compensation for Occupational Injuries and Disease Act, 130 of 1993;
- Consumer Protection Act, 68 of 2008;
- Credit Agreements Act, 75 of 1980;
- Customs & Excise Act, 91 of 1964;
- Electronic Communications and Transactions Act, 25 of 2002;
- Employment Equity Act, 55 of 1998;
- Financial Intelligence Centre Act, 38 of 2001,
- Income Tax Act, 95 of 1967;
- Labour Relations Act, 66 of 1995;
- National Credit Act, 34 of 2005;
- Occupational Health and Safety Act, 85 of 1993;
- Promotion of Access to Information Act, 2 of 2000;
- Protection of Personal Information Act, 4 of 2013;
- Skills Development Act, 97 of 1998;
- Skills Development Levies Act, 9 of 1999;
- Skills Development Levies Act, 9 of 1999;
- Trademarks Act, 194 of 1993;
- Unemployment Contributions Act, 4 of 2002;
- Unemployment Insurance Act, 63 of 2001;
- Value Added Tax Act, 89 of 1991.
6. Records held by the Slater Gym Group and available on request
The Slater Gym Group keeps, inter alia, records in terms of various regulatory requirements that have an impact on its operations. These records are not automatically available and any request for access to thereto will be assessed in accordance with applicable internal policies and legislative requirements.
It should be noted that the inclusion of any subject or category of records should not be taken as an indication that records falling within those subjects and/or categories will be made available under the Act. In particular, certain grounds for refusal as set out in the Act may be applicable to a request for such records.
6.1 Companies Act and/or Close Corporation Records:
6.1.1 Memorandum of Incorporation;
6.1.2 Founding Statement;
6.1.3 Certificate of Incorporation;
6.1.4 Minutes of Meetings of the Board of Directors/Members;
6.1.5 Minutes of Meetings of Shareholders/Members;
6.1.6 Records relating to the appointment of:
6.1.6.1 Directors;
6.1.6.2 Auditors;
6.1.6.3 Secretary;
6.1.6.4 Public Officer;
6.1.6.5 Any other Officer;
6.1.7 Share Register and other statutory registers and/or records and/or documents.
6.2 Income Tax Act Records:
6.2.1 Pay-as-you-earn (PAYE) Records;
6.2.2 Documents issued to employees for income tax purposes;
6.2.3 Records of payments made to South African Revenue Services on behalf of employees;
6.2.4 All or any statutory compliances relating to:
6.2.4.1 Value Added Tax;
6.2.4.2 Skills Development Levies;
6.2.4.3 Unemployment Insurance Fund;
6.2.4.4 Workman’s Compensation;
6.2.4.5 Customs and Excise.
6.3 Labour Relations Records:
6.3.1 Personnel Documents and Records;
6.3.2 Employment Contracts;
6.3.3 Employment Equity Plan (if applicable);
6.3.4 Medical Aid Records;
6.3.5 Pension Fund Records;
6.3.6 Disciplinary Records;
6.3.7 Salary Records;
6.3.8 Disciplinary Code and /or procedures;
6.3.9 Leave Records;
6.3.10 Training Records;
6.3.11 Training Manuals;
6.3.12 Address Lists;
6.3.13 Internal Telephone Lists.
6.4 Legal:
6.4.1 Legal Agreements and Contracts;
6.4.2 Property Records and Leases;
6.4.3 Legal Proceedings and Correspondence;
6.4.4 Legal Opinions.
6.5 Regulatory Services:
6.5.1 Internal Audit Reports and records;
6.5.2 Compliance Audit reports and records;
6.5.3 Licenses;
6.5.4 Compliance/Internal Audit manuals;
6.5.5 Insurance Records.
6.6 Financial:
6.6.1 Accounting Records;
6.6.2 Financial Statements and Management Accounts;
6.6.3 Fixed Asset Registers;
6.6.4 Bank Statements and Cheques;
6.6.5 Debtors Invoices and Statements;
6.6.6 Creditors invoices, statements and related payment supporting documents;
6.6.7 Procurement Records;
6.6.8 Statutory Returns;
6.6.9 Policies and Procedures.
6.7 Information technology:
6.7.1 Usage Statistics;
6.7.2 Equipment Details;
6.7.3 Hardware and Software Details.
6.8 Third Party Records:
6.8.1 Records held by the Slater Gym Group pertaining to third parties, including, but not limited to financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about any contractors and/or suppliers;
6.8.2 Records held by the Slater Gym Group pertaining to contractors, subsidiary companies, joint venture companies, and service providers.
(In cases where information requested by the requester may impact on a third party, we are obliged to comply with the requirements as set out in terms of the Act (especially Sections 71 to 73 of the Act).
7. Procedure for request for access (Sections 53 to 57 and 60 of the Act):
7.1 A request shall be made on the prescribed form reproduced in Appendix 1 hereunder (the "Application Form"). The application form is also available from the website of the SAHRC.
7.2 The application form shall be submitted to the Slater Gym Group at the address or e-mail address referred to above under Contact Details.
7.3 The Slater Gym Group will, within 30 (Thirty) days of receipt of the request, decide whether or not to grant the request.
7.4 The requester will be notified of the decision in the manner and via the medium indicated by the requester on the application form.
7.5 If the request is granted, the requester shall be informed in the manner and via the medium indicated by the requester in the application form.
7.6 Notwithstanding the aforegoing, the Slater Gym Group will advise the requester in the manner stipulated by the requester in the application form of:
7.6.1 the access fee to be paid for the information (in accordance with the schedule of fees reproduced in Appendix 2 hereunder);
7.6.2 the format in which access will be given; and
7.6.3 the fact that the requester may lodge an appeal with a court of competent jurisdiction against the access fee charged or the format in which access is to be granted.
7.7 After access is granted, actual access to the record requested will be given as soon as reasonably possible.
7.8 If the request for access is refused, the Slater Gym Group shall advise the requester in writing of the refusal. The notice of refusal shall state:
7.8.1 adequate reasons for the refusal;
7.8.2 that the requester may lodge an appeal with a court of competent jurisdiction against the refusal of the request (including the period) for lodging such an appeal.
7.9 Should the Slater Gym Group fail to respond within 30 (Thirty) days after a request has been received, it is deemed, in terms of Section 58 read together with section 56(1) of the Act, that request has been refused.
7.10 The Slater Gym Group reserves the right to extend the initial period of 30 (Thirty) days for a further period of not more than 30 (Thirty) days if:
7.10.1 the request is for a large number of records and compliance with the original period would unreasonably interfere with the activities of the Slater Gym Group;
7.10.2 the search for the records is to be conducted at premises not situated in the same town or city as the head office of the Slater Gym Group;
7.10.3 consultation among divisions or departments, as the case may be, of the Slater Gym Group is required;
7.10.4 the requester consents to such an extension in writing; or
7.10.5 the parties agree in any other manner to such an extension.
7.11 Should the Slater Gym Group require an extension of time, the requester shall be informed in the manner and via the medium stipulated in the prescribed form of the reasons for the extension.
7.12 The requester may lodge an appeal with a court of competent jurisdiction against any extension or against any procedure set out in this section.
8. Grounds for refusal of access to records (Chapter 4 of the act)
The Slater Gym Group may legitimately refuse to grant access to a requested record that falls within a certain category. Grounds on which the Slater Gym Group may refuse includes, but is not limited to:
8.1 Protecting personal information that the Slater Gym Group holds about a third person (who is a natural person), including a deceased person, from unreasonable disclosure;
8.2 Protecting commercial information that the Slater Gym Group holds about itself or a third party (for example trade secrets, financial, commercial, scientific or technical information that may harm the commercial or financial interests of the Slater Gym Group or the third party;
8.3 If disclosure of the record would result in a breach of a duty of confidence owed to a third party in terms of an agreement;
8.4 If disclosure of the record would endanger the life or physical safety of an individual;
8.5 If disclosure of the record would prejudice or impair the security of a building, structure or system, including, but not limited to, a computer or communication system, a means of transport, or any other property or;
8.6 methods, systems, plans or procedures for the protection of an individual in accordance with a witness protection scheme, the safety of the public, or any part of the public, or the security of property;
8.7 Disclosure of the record would put the Slater Gym Group at a disadvantage in contractual or other negotiations or prejudice it in commercial competition.
9. Remedies available in refusal of a request for information (Part 4 of the Act)
9.1 The Slater Gym Group does not have internal appeal procedures and as such, the decision made by the Slater Gym Group is final.
9.2 Should the requester be dissatisfied with the decision of the Slater Gym Group to refuse access, that person may, within 30 (Thirty) days after notification of the refusal, apply to a Court for the appropriate relief.
9.3 Should a third party be dissatisfied with the decision of the Slater Gym Group to grant a request for information relating to that third party, the third party may, within 30 (Thirty) days of notification of such decision, apply to a Court for the appropriate relief.
10. Information or records not found
10.1 If all reasonable steps have been taken to find a record, and such a record cannot be found or if the records do not exist, then the Slater Gym Group shall notify the requester that it is not possible to give access to the requested record.
10.2 The notice shall provide a full account of all the steps taken to find the record or to determine the existence thereof, including details of all communications by the Slater Gym Group with every person who conducted the search.
10.3 The notice, as set out in paragraph 10.2, shall be regarded as a decision to refuse a request for access to the record concerned for the purposes of the Act.
10.4 If the record in question should later be found, the requester shall be given access to the record in the manner stipulated by the requester in the prescribed form unless access is refused by the Slater Gym Group.
10.5 The attention of the requester is drawn to the detailed provisions of Chapter 3 of Part 3 Section 56 of the Act in terms of which the Slater Gym Group may refuse, on certain specified grounds, to provide
information to a requester.
11. Information requested about a third party
11.1 Section 71 of the Act makes provision for a request for information or records about a third party.
11.2 In considering such a request, the Slater Gym Group will adhere to the provisions of Sections 71 to 74 of the Act.
11.3 The attention of the requester is drawn to the provisions of Chapter 5 of Part 3 of the Act in terms of which the Slater Gym Group is obliged, in certain circumstances, to advise third parties of requests lodged in respect of information applicable to, or concerning, such third parties.
11.4. In addition, the provisions of Chapter 2 of Part 4 of the Act entitle third parties to dispute the decisions of the Slater Gym Group by referring the matter to the High Court.
12. Availability of the manual
This manual is available for inspection as follows:
12.1 In hard copy, to be viewed free of charge by appointment during office hours, at the offices of Slater Gym Group, Corner of Bashee and Umtata Streets, Three Rivers, Vereeniging, 1935, Republic of South Africa;
12.2 For viewing online on the Slater Gym Group's website at http://www.slatergym.com/legal.
APPENDIX 1:
Prescribed Form to be completed by a Requester
FORM A
REQUEST FOR ACCESS TO RECORD OF PUBLIC BODY
(Section 18(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000))
[Regulation 2]
FOR DEPARTMENTAL USE
Reference number: _________
Request received by (state rank, name and surname of information officer/deputy information officer) on (date) at (place).
Request fee (if any): R ....................................
Deposit (if any): R ...................................
Access fee: R ...................................
___________________________ SIGNATURE OF INFORMATION OFFICER/DEPUTY INFORMATION OFFICER
A. Particulars of public body
The Information Officer/Deputy Information Officer:
Slater Gym Group
Corner of Bashee and Umtata Streets
Three Rivers
Vereeniging
1935
Republic of South Africa
B. Particulars of person requesting access to the record
(a) The particulars of the person who requests access to the record must be recorded below.
(b) Furnish an address and/or fax number in the Republic to which information must be sent.
(c) Proof of the capacity in which the request is made, if applicable, must be attached.
Full names and surname:
Identity number:
Postal address:
Fax number:
Telephone number:
E‑mail address:
Capacity in which request is made, when made on behalf of another person:
C. Particulars of person on whose behalf request is made
This section must be completed only if a request for information is made on behalf of another person.
Full names and surname:
Identity number:
D. Particulars of record
(a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
(b) If the provided space is inadequate please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Description of record or relevant part of the record:
2. Reference number, if available:
3. Any further particulars of record:
E. Fees
(a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
(b) You will be notified of the amount required to be paid as the request fee.
(c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.
(d) If you qualify for exemption of the payment of any fee, please state the reason therefore.
Reason for exemption from payment of fees:
F. Form of access to record
If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.
Disability:
Form in which record is required:
Mark the appropriate box with an "X".
NOTES:
(a) Your indication as to the required form of access depends on the form in which the record is available.
(b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
(c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.
1. If the record is in written or printed form ‑
copy of record*
inspection of record
2. If record consists of visual images ‑
(this includes photographs, slides, video recordings, computer‑generated images, sketches, etc.)
view the images
copy of the images*
transcription of the images*
3. If record consists of recorded words or information which can be reproduced in sound ‑
listen to the soundtrack (audio cassette)
transcription of soundtrack*
(written or printed document)
4. If record is held on computer or in an electronic or machine‑readable form ‑
printed copy of record*
printed copy of information derived from the record*
copy in computer readable form*
(stiffy or compact disc)
*If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you?
A postal fee is payable.
YES
NO
Note that if the record is not available in the language you prefer, access may be granted in the language in which the record is available.
In which language would you prefer the record?
G. Notice of decision regarding request for access
You will be notified in writing whether your request has been approved/denied. If you wish to be informed thereof in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.
How would you prefer to be informed of the decision regarding your request for access to the record?
Signed at this day of 20
_______________________________________
SIGNATURE OF REQUESTER / PERSON ON BEHALF OF WHO REQUEST IS MADE
APPENDIX 2:
Prescribed fees
No.
Description
Fee in Rands
(Excl. VAT)
1
The fee for a copy of the manual as contemplated in regulation 9(2)(c) for every photocopy of an A4-size page or part thereof
1,10
2
The fees for reproduction referred to in regulation 11(1) are as follows:
(a) For every photocopy of an A4-size page or part thereof
1,10
(b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form
0.75
(c) For a copy in a computer-readable form on –
(i) stiffy disc 7,50
7,50
(ii) compact disc
70,00
(d) (i) For a transcription of visual images, for an A4-size page or part thereof
40,00
(ii) For a copy of visual images
60,00
(e) (i) For a transcription of an audio record, for an A4-size page or part thereof
20,00
(ii) For a copy of an audio record
30,00
3
The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2)
50,00
4
The access fees payable by a requester referred to in regulation 11(3) are as follows:
(1)(a) For every photocopy of an A4-size page or part thereof
1,10
(b) For every printed copy of an A4-size page or part
0,75
thereof held on a computer or in electronic or machine readable form
(c) For a copy in a computer-readable form on -
(i) stiffy disc
7,50
(ii) compact disc
70,00
(d) (i) For a transcription of visual images, for an A4-size page or part thereof
40,00
(ii) For a copy of visual images
60,00
(e) (i) For a transcription of an audio record, for an A4-size page or part thereof 20,00
20,00
(ii) For a copy of an audio record
30,00
(f) To search for and prepare the record for disclosure for each hour or part of an hour reasonably required for such search and preparation.
30,00
Copyright 2020