PAIA Section 51 Manual

1. Introduction

The Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) ("PAIA") gives effect to the constitutional right of access to any information held by the State and any information held by another person that is required for the exercise or protection of any rights.

Section 51 of PAIA requires private bodies to compile a manual that provides information on:

• How to submit requests for access to records
• The categories of records held by the body
• The fees payable for access to records
• The remedies available if a request is refused

This manual is available:

• On our website at okhantu.co.za/paia-manual
• At our registered office (by appointment)
• From the South African Human Rights Commission (SAHRC)

2. Contact Details

Organisation Details

Head of Organisation

Name: Simiso Goodman Mazibuko
Designation: Chief Executive Officer (CEO)

Information Officer

3. Guide on How to Use PAIA

The South African Human Rights Commission (SAHRC) has compiled a guide on how to use PAIA, as required by Section 10 of the Act. This guide is available from:

4. Categories of Records Held

Okhantu holds records in the following categories. Access to records may be subject to the grounds for refusal set out in PAIA.

4.1 Company Records

• Memorandum of Incorporation (MOI)
• Company registration documents
• Board and shareholder resolutions
• Annual financial statements
• Tax records and returns
• B-BBEE certificates and scorecards
• Statutory registers

4.2 Personnel Records

• Employment contracts
• Payroll records
• Performance records
• Disciplinary records
• Leave records
• Training records

4.3 Client and Customer Records

• User account information
• Business verification records
• Transaction history
• Correspondence
• Service agreements
• Invoices and payment records

4.4 Operational Records

• Policies and procedures
• Operational manuals
• System documentation
• Audit logs
• Security incident reports
• Service level agreements

4.5 Platform Data Records

• Tender data and publications
• Funding programme information
• Legislation and compliance content
• Budget and procurement intelligence data
• Matching algorithm documentation

4.6 Marketing Records

• Marketing consent records
• Marketing campaign materials
• Website analytics (aggregated)

5. Records Available Without a Formal Request

The following information is publicly available on our website and does not require a formal PAIA request:

• Privacy Policy
• Terms of Service
• This PAIA Manual
• Pricing information (when available)
• Guides and educational content
• Company information
• Security and compliance information

6. Procedure for Requesting Access to Records

6.1 How to Submit a Request

Requests for access to records must be submitted using the prescribed Form A (available from the Information Regulator website). Requests may be submitted:

• By email: privacy@okhantu.co.za
• By post:
  The Information Officer
  Okhantu (Pty) Ltd
  5th Floor, Bloukrans Building
  Lynwood Bridge
  Pretoria 0081
  South Africa

6.2 Required Information

Your request must include:

• Your full name and contact details (address, email, telephone)
• Identification (copy of ID document or passport)
• A clear description of the record(s) you are requesting
• The form in which you wish to receive the information (e.g., copy, inspection)
• The right you wish to exercise or protect (if applicable)
• Proof of authorisation if you are acting on behalf of another person

6.3 Prescribed Forms

The prescribed forms for PAIA requests are available from:

• Information Regulator website
• The South African Human Rights Commission
• Our Information Officer (upon request)

7. Fees

The following fees may be payable for access to records:

7.1 Request Fee

A non-refundable request fee of R50.00 is payable when submitting a request (except for requests for personal information about yourself).

7.2 Access Fee

An access fee may be payable if the request is granted. The access fee depends on the form of access requested:

7.3 Deposit

If the request involves more than 6 hours of search and preparation time, a deposit of one-third of the estimated access fee may be required before processing the request.

7.4 Exemptions

No fee is payable for:

• Requests for your own personal information
• Requests by indigent persons (proof required)

8. Decision and Notification

8.1 Response Time

We will respond to your request within 30 days of receiving a complete request and the applicable request fee. This period may be extended by a further 30 days if:

• The request is for a large volume of records
• The records are not easily accessible
• Consultation with third parties is required

We will notify you in writing if an extension is required.

8.2 Grounds for Refusal

Access to a record may be refused on the grounds set out in PAIA, including but not limited to:

• Protection of personal information of a third party (Section 63)
• Protection of commercial information of a third party (Section 64)
• Protection of confidential information (Section 65)
• Protection of trade secrets and research (Sections 68, 69)
• Protection of safety of individuals (Section 66)
• Privileged information (Section 67)
• Protection of records in legal proceedings (Section 70)

8.3 Notification of Decision

You will receive written notification of our decision (Form B), which will include:

• Whether access is granted or refused
• The reasons for refusal (if applicable)
• The access fee payable (if access is granted)
• Information about your right to appeal

9. Remedies if Access is Refused

If your request for access is refused, you have the following remedies:

9.1 Internal Appeal

You may lodge an internal appeal with our Information Officer within 60 days of receiving the decision. The appeal must state the reasons why you believe the decision was incorrect.

9.2 Complaint to the Information Regulator

You may lodge a complaint with the Information Regulator:

9.3 Court Application

As a last resort, you may apply to a court of competent jurisdiction for appropriate relief. This must be done within 180 days of exhausting internal remedies.

10. Other Legislation Affecting Access

Records held by Okhantu may also be subject to the following legislation, which may affect access to such records:

• Protection of Personal Information Act 4 of 2013 (POPIA)
• Companies Act 71 of 2008
• Income Tax Act 58 of 1962
• Value-Added Tax Act 89 of 1991
• Basic Conditions of Employment Act 75 of 1997
• Electronic Communications and Transactions Act 25 of 2002
• Consumer Protection Act 68 of 2008
• Financial Intelligence Centre Act 38 of 2001

11. Updates to this Manual

This manual is reviewed and updated annually, or as required by changes in legislation or our business operations. The version number and date at the top of this page indicate the most recent update.

For more information about our legal documents and policies, visit our Legal & Compliance Library.