PAIA Promotion of Access to Information Act section 51 manual

FinSolve Solutions CC
Developers and distrinutors of Income Tax Software for Professionals and Payroll Solutions for employers Promotion of Access to Information Act section 51 manual
THIS MANUAL HAS BEEN PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 / 2000 Section 51(1)(a)

Name of Business: FinSolve Solutions CC
Contact Person: Mr Errol Guard (Member)
Physical Address: 109 Main Road, Gonubie 5256, East London
Postal Address: P O Box 207, Gonubie, 5256
Telephone: 043 740 1601
Fax: 043 740-2144
Website: www.finsolve.co.za
E-mail: paia (at) info@finsolve.co.za
Section 51(1)(b) The Section 10 Guide on how to use the Act

The Guide is available from the South African Human Rights Commission. Please direct queries to:
The South African Human Rights Commission: PAIA Unit
The Research and Documentation Department

Postal Address: Private Bag 2700 Houghton 2041
Telephone: +27 11 484-8300
Fax: +27 11 484-0582
Website: www.sahrc.org.za
E-mail: PAIA@sahrc.org.za:

Section 51(1)(d) Information is available in terms of the following legislation, if and where applicable:
Basic Conditions of Employment Act No. 75 of 1997
Closed Corporation Act No. 69 of 1984
Electronic Communications and Transactions Act No. 25 of 2002
Employment Equity Act No. 55 of 1998
Income Tax Act No. 58 of 1962
Labour Relations Act No. 66 of 1995
Promotion of Access to Information Act No. 2 of 2000
Skills development Levies Act No. 9 of 1999
Unemployment Insurance Act No. 30 of 1966
Value – Added Tax Act No. 89 of 1991

Sections 51(1)(c) and 51(1)(e)
Records which are available without a person having to request access in terms of this Act in terms of section 52(2) [Section 51(1)(c)] include details about or products, services and acceptable use policy.

Day to day operational information is generally not applicable to persons outside the company for the purpose of protecting their constitutional rights. (Examples of such information are: quotes, automated procedures, company policies, technical information, employee records and general accounting records). Details of products / services / acceptable use policy is freely available to the general public on our web site.

Clients automatically have direct and full access to all information pertaining to the service / product delivered to them.

The Request Procedures (Prescribed form and fee structure in respect of private bodies)
The forms and fee structure prescribed under the Act are available at the website of the Department of Justice and Constitutional Development (www.doj.gov.za) under the “regulations” section.

Section 51(1)(f) Other information as may be prescribed
No regulations requiring compliance has been made.
Section 51(3) Availability of the material
The manual is available on our web site free of charge; and copies are available with the SAHRC.
Procedure to be followed in making a request.
Form of request: (to download a copy of the required form, please refer the SAHRC’s website: www.sahrc.org.za )

1. The 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 [s 53(1)].
2. The requester must provide sufficient detail on the request form to enable the head of the private body to identify the record and the requester.
3. 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 [s 53(2)(d)].
4. 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 head of the private body [s 53(2)(f)].
5. Fees: (for details / fee structure please refer to the SAHRC website: www.sahrc.org.za )
6. 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:
7. 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 [s 54(3)(b)].
8. If the request is granted then a further access fee must be paid for the search, reproduction, and preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].