INTRODUCTION

The Promotion of Access to Information (PAIA) Act No. 2 of 2002 (‘the Act’) gives effect to the
constitutional right of access to information held by a public or private body.

According to the ‘Act’, a “private body” means –

  1. a natural person who carries or has carried on any trade, business or profession, but only in such capacity;
  2. a partnership which carries or has carried on any trade, business or profession;
  3. any former or existing juristic person; or
  4. a political party, but excludes a public body.

Jaxx Husky is a dog, not a private body, but The Fossil (aka Desmond Langkilde) is a ‘natural person’ and his body is private, so as my adopted human his ‘private body’ has to comply with the requirements of the Act in South Africa. One of the requirements of the Act is the compilation of a manual that contains information on the records held by the ‘private body’.

PRIVATE BODY OVERVIEW

Desmond Langkilde (aka The Fossil) is a South African citizen, and as a ‘private body’ is responsible for the management and marketing of this website (jaxxhusky.co.za).

PARTICULARS IN TERMS OF THE SECTION 51 MANUAL

PART 1:

The Fossil is, therefore, responsible for ensuring compliance with the requirements of this act.

Contact Person: Desmond Langkilde
ID No.: 590318 5122 082
Mobile Number: +27 82 374 7260.

PART 2: GUIDE ON HOW TO USE THE ACT

The guide will, according to the South African Human Rights Commission (SAHRC), be available for inspection at the offices of the SAHRC. Please direct any queries to:

The South African Human Rights Commissioner, PAIA Unit
The Research and Documentation Department
Private Bag 2700, Houghton, 2041
Telephone +27 11 484 8300
Fax +27 11 484 7146
Website www.sahrc.org.za
Email PAIA@sahrc.org.za

PART 3: COPY OF NOTICE

No notice in terms of Section 52 (2) of the Act has been published.

PART 4: RECORDS HELD IN TERMS OF OTHER LEGISLATION

Records as kept in accordance with the following legislation (as applicable):

Human Resources:

  • Basic Conditions of Employment Act # 3 or 1983
  • Skills Development Levies Act # 9 of 1999
  • Unemployment Insurance Act # 63 of 2001
  • Workmen’s Compensation Act # 30 of 1941
  • Pension Fund Act # 24 of 1956
  • Medical Schemes Act # 131 of 1998
  • Labour Relations Act # 66 of 1995.

Accounting and Finance:

  • Income Tax Act # 58 of 1962
  • Value Added Tax Act # 89 of 1991
  • Public Accountants’ and Auditors’ Act # 80 of 1991.

Company Secretarial and Administration:

  • Companies Act # 61 of 1973
  • Regional Services Councils Act # 109 of 1985

Safety:

  • Occupational Health and Safety Act # 85 of 1973.

REQUESTS FOR ACCESS

The requester must use the prescribed form to make the request for access to a record.

The requester must provide sufficient detail on the prescribed form to enable the private body to identify the record and the requester. The requester should also indicate which form of access is required, and if any other manner is to be used to inform the requester and state the necessary particulars to be so informed.

The requester must identify the right that is sought to be exercised or to be 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 then submit proof of the capacity in which the requester is making the request to the satisfaction of the private body.

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:

The private body must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request.

The fee that the requester must pay to a private body is R50. The requester may lodge an application to the court against the tender or payment of the request fee.

After the private body has made a decision on the request, the requester must be notified in the required form.

If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.

RECORDS AND RELATED ENTITIES

Records available:

  • Financial and Tax
  • Employee Information Management
  • Internal Policies and Procedures
  • Statutory and Secretarial
  • Internal Correspondence
  • General Correspondence
  • Contracts and Agreements
  • Insurance and Risk Management
  • Technology
  • Health and Safety
  • Intellectual Property.

PART 5: OTHER INFORMATION

The Minister of Justice and Constitutional Development has not made any regulations in this regard.

PART 6: AVAILABILITY OF THE MANUAL

This manual is only available online.

PART 7: PRESCRIBED FORM AND FEE STRUCTURE

The form and fee structure prescribed under the Act are available on the website of the Department of Justice and Constitutional Development under the Regulations Section. (www.doj.gov.za)

Both a request fee and an access fee are payable. The request fee is a standard fee as prescribed by Regulation published in the Government Gazette and the access fee must be calculated by taking into consideration such factors as reproduction costs, search and preparation costs, and delivery costs.

The private body may also require a requester to pay a deposit equal to the prescribed portion of the access fee payable if the request were granted.

The private body shall withhold a record until a requester has paid the fees as required in full.

Compiled January 30, 2024.