Sani Lodge Backpackers

PAIA Policy

  1. PAIA MANUAL

    OF SANI LODGE TOURS CC T/A SANI LODGE BACKPACKERS, THE GIANTS CUP CAFÉ AND DRAKENSBERG ADVENTURES

    COMPANY REGISTRATION NUMBER 2002/041805/23

     

    Prepared in terms of section 51 of the

    Promotion of Access to Information Act

    2 of 2000 (as amended)

    DATE OF COMPILATION: 3/6/2024

    DATE OF REVISION: 

     

    TABLE OF CONTENTS

    1. LIST OF ACRONYMS AND ABBREVIATIONS
    2. THE ACT
    1. PURPOSE OF PAIA MANUAL
    2. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF SANI LODGE TOURS cc
    3. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE
    4. CATEGORIES OF RECORDS OF SANI LODGE TOURS cc WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS
    5. DESCRIPTION OF THE RECORDS OF SANI LODGE TOURS cc WHICH ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION
    6. DESCRIPTION OF THE SUBJECTS ON WHICH THE BODY HOLDS RECORDS AND CATEGORIES OF RECORDS HELD ON EACH SUBJECT BY SANI LODGE TOURS cc
    7. PROCESSING OF PERSONAL INFORMATION
    8. REQUEST PROCEDURE FOR OBTAINING INFORMATION
    9. FEES
    10. GROUNDS FOR REFUSAL OF ACCESS TO INFORMATION
    11. DECISION
    12. AVAILABILITY OF THE MANUAL

     

    1. LIST OF ACRONYMS AND ABBREVIATIONS

    “DIO” Deputy Information Officer;

    “IO“ Information Officer;

    “Minister” Minister of Justice and Correctional Services;

     “PAIA” Promotion of Access to Information Act No. 2 of 2000 (as

    Amended;

    “POPIA” Protection of Personal Information Act No.4 of 2013;

    “Regulator” Information Regulator; and

    “Republic” Republic of South Africa

    1. THE ACT

    The Promotion of Access to Information Act, No 2 of 2000 (“The Act”) was enacted on 3 February 2000, giving effect to the right of access to any information held by Government, as well as any information held by another person who is required for the exercising or protection of any rights. This right is entrenched in the Bill of Rights in the Constitution of South Africa. Where a request is made in terms of The Act, the body to which the request is made is not obliged to release the information, except where The Act expressly provides that the information may or must be released. The Act sets out the requisite procedural issues attached to such request.

    1. PURPOSE OF PAIA MANUAL

    In order to promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in terms of The Act in order for them to exercise their rights in relation to public and private bodies. Section 9 of The Act, however, recognizes 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

    And in a manner that balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.

    This PAIA Manual is useful for the public to-

    3.1 check the categories of records held by a body which are available without a person having to submit a formal PAIA request;

    3.2 have a sufficient understanding of how to make a request for access to a record of the body, by providing a description of the subjects on which the body holds records and the categories of records held on each subject;

    3.3 know the description of the records of the body which are available in accordance with any other legislation;

    3.4 access all the relevant contact details of the Information Officer and Deputy Information Officer who will assist the public with the records they intend to access;

    3.5 know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;

    3.6 know if the body will process personal information, the purpose of processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;

    3.7 know the description of the categories of data subjects and of the information or categories of information relating thereto;

    3.8 know the recipients or categories of recipients to whom the personal information may be supplied;

    3.9 know if the body has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and

    3.10 know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.

     

    1. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF SANI LODGE TOURS cc

     

    4.1. Chief Information Officer

    Name: Russell Suchet

    Tel: +27 81 772 4319

    Email: [email protected]

    4.2. Deputy Information Officer 

    Name: Simone Suchet

    Tel: +27 83 987 3071

    Email: [email protected]

    4.3 Access to General Information

    Name of Private Body: Sani Lodge Tours cc

    Registration No: 2002/041805/23

    Physical Address (or principal place of business): 10km on Sani Pass Road, Himeville KwaZulu Natal 3256 

    Telephone No: +27 83 987 3071

    Email: [email protected]

    Website: www.sanilodge.co.za

    1. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE

    5.1. The Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available the revised Guide on how to use PAIA (“Guide”), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA.

    5.2. The Guide is available in each of the official languages and in braille.

    5.3. The aforesaid Guide contains the description of-

    5.3.1. the objects of PAIA and POPIA;

    5.3.2. the postal and street address, phone and fax number and, if available, electronic mail address of-

    5.3.2.1. the Information Officer of every public body, and

    5.3.2.2. every Deputy Information Officer of every public and private

    body designated in terms of section 17(1) of PAIA1 and section 56 of POPIA2

    5.3.3. the manner and form of a request for-

    5.3.3.1. access to a record of a public body contemplated in section 11  and

    5.3.3.2. access to a record of a private body contemplated in section 504

    5.3.4. the assistance available from the IO of a public body in terms of PAIA and

    POPIA;

    5.3.5. the assistance available from the Regulator in terms of PAIA and POPIA;

    5.3.6. all remedies in law available regarding an act or failure to act in respect of

    a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging-

    5.3.6.1 an internal appeal;

    5.3.6.2 a complaint to the Regulator; and

    5.3.6.3 an application with a court against a decision by the information officer of a public body,

    a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;

    5.3.7  the provisions of sections 14 and 51 of PAIA requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;

    5.3.8  the provisions of sections 15 and 52 of PAIA providing for the voluntary disclosure of categories of records by a public body and private body, respectively;

    5.3.9  the notices issued in terms of sections 22 and 54 of PAIA regarding fees to be paid in relation to requests for access; and

    5.3.10  the regulations made in terms of section 92 of PAIA.

    5.4  Members of the public can inspect or make copies of the Guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours.

    5.5  The Guide can also be obtained-

    5.5.1  upon request to the Information Officer;

    5.5.2  from the website of the Regulator (https://www.justice.gov.za/inforeg/).

    5.6  A copy of the Guide is also available in two official languages, for public inspection during normal office hours.

    1. CATEGORIES OF RECORDS OF SANI LODGE TOURS cc WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS

     

    1. DESCRIPTION OF THE RECORDS OF SANI LODGE TOURS cc WHICH ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION

    Financial and Tax

    Employee

    Information Management

    Internal Policies and Procedures

    Statutory and Secretarial

    Internal Correspondence

    General Correspondence

    Contracts and Agreements

    Insurance and Risk Management

    Health and Safety

    1. RECORDS REQUIRED IN TERMS OF LEGISLATION

    Records are kept in accordance with legislation applicable to Sani Lodge Tours cc which includes but is not limited to, the following –

    Category of Records Applicable Legislation

    PAIA Manual Promotion of Access to Information Act 2 of 2000

    Basic Conditions of Employment Act, 75 of 1997

    Employment Equity – Employment Equity Act, 55 of 1998

    OHASA Compensation for Occupational Injuries and Diseases

    Act,130 of 1993

    BEEE  Broad Based Economic Empowerment Act, 53 of 2003

    Constitution –  Constitution of the Republic of South Africa, 108 of 1996

    UIF  Unemployment Insurance Act, 63 of 2001

    VAT  Value Added Tax Act, 89 of 1991

    Skills Development –  Skills Development Act, 9 of 1997

    Skills Development Levy Act, No. 9

    Income Tax –  Income Tax Act, 58 of 1962

    Personal Records  Protection of Personal Information Act 4 of 2013

    1. PROCESSING OF PERSONAL INFORMATION

    9.1 Purpose of Processing Personal Information

    CUSTOMERS

    • To effectively provide and sell a service, provide and sell an experience, provide, sell and rent out space, products of any items or equipment, for the sale of goods, for financial records and Credit Applications, Name

    EMPLOYEES

    • Employment and labour related purposes

    SUPPLIERS

    • Applications for credit, purchases and payment of products and services, the collection/delivery of products.

    9.2 Description of the categories of Data Subjects and of the information or categories of information relating thereto

    Categories of Data Subjects Personal Information that may be processed

    • Customers / Clients Name
    • Address
    • Contact details
    • Registrations numbers
    • Id or passport numbers
    • Tax numbers
    • Bank details
    • Name, address, contact details, Id numbers, tax numbers of the Directors, Trustees, Members and Primary contact person of a business or a customer registered as a legal entity.

    Suppliers 

    • Name
    • Address
    • Contact details
    • Registrations numbers
    • Id numbers
    • Tax numbers
    • Bank details
    • Product details

    Employees Name

    • Address
    • Contact details
    • Id numbers
    • Tax numbers
    • Bank details
    • Qualifications
    • Gender 

     

    9.3 The recipients or categories of recipients to whom the personal information may be supplied

    Category of personal information

    Recipients or Categories of Recipients to whom the personal information may be supplied 

    Identity number and names, for criminal checks

    South African Police Services

    Qualifications, for qualification verifications

    South African Qualifications Authority

    Credit and payment history, for credit information

    Credit Bureaus

    9.4 Planned transborder flows of personal information

    We don’t transfer information to other countries:

    9.5 General description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information

    • Bitdefender Antivirus and Internet Security
    • Password Protected devices
    • Separate Internet networks for Guest Internet and business network
    • Secure filing of hard copies of employee files
    • Locked Drawers and Safes
    1. REQUEST PROCEDURE FOR OBTAINING INFORMATION

    Access to records held by Sani Lodge Tours cc

    Records held by Sani Lodge Tours cc may be accessed by request only once the prerequisites for access have been met. The requester must fulfil the prerequisites for access in terms of The Act, including the payment of a requested access fee. The requester must comply with all the procedural requirements contained in The Act relating to the request for access to a record. The requester must complete the prescribed Form and submit same as well as payment of a request fee and a deposit, if applicable, to the Information Officer at the physical address or email address as stated herein.The prescribed form must be filled in with enough particulars to at least enable the Information Officer to identify –

    • The record or records requested;
    • The identity of the requester,
    • Which form of access is required, if the request is granted;
    • The postal or email address of the requester.

    The requester must state that he/she requires the information in order to exercise or protect a right, and clearly state what the nature of the right to be exercised or protected is. In addition, the requester must clearly specify why the record is necessary to exercise or protect such a right. The Private Body will process the request within 30 days, unless the requester has stated a special reason that would satisfy the Information Officer that circumstances dictate that the above time periods are not complied with. The requester shall be informed whether access has been granted or denied. If, in addition, the requester requires the reason for the decision in any other manner, he / she must state the manner and the particulars so required. If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requesters making the request, to the reasonable satisfaction of the Information Officer. If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally. The requester must pay the prescribed fee before any further processing can take place.

    1. FEES

    When the Information Officer receives the request, such Officer shall by notice require the requester to pay the prescribed request fee (if any), before any further processing of the request.

    1. GROUNDS FOR REFUSAL OF ACCESS TO INFORMATION

    The main grounds for Sani Lodge Tours cc to refuse a request for information relates to the:

    Mandatory protection of the privacy of a third party that is a natural person that would involve the unreasonable disclosure of personal information of that natural person;

    Mandatory protection of the commercial information of a third party, if the record contains:

    – Trade secrets of that third party;

    – Financial, commercial, scientific or technical information, disclosure of which could likely cause

    – harm to the financial or commercial interests of that third party;

    – Information disclosed in confidence by a third party to the Private Body, 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 confidential information of the protection of property;

    Mandatory protection of records that would be regarded as privileged in legal proceedings;

     

    The commercial activities of the Private Body, which may include:

    • Trade secrets of the Private Body;
    • Financial, commercial, scientific or technical information, disclosure which could likely cause harm to the financial or commercial interest of the Private Body;
    • Information which, if disclosed could put the Private Body at a disadvantage in negotiations or commercial competition;
    • The research information of Sani Lodge Tours cc or a third party, if its disclosure would place the research at a serious disadvantage;

    Requests for information that are clearly frivolous or vexatious, or which would involve an unreasonable diversion of resources shall be refused.

    1. DECISION

    The Private Body will within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect. 

    1. AVAILABILITY OF THE MANUAL

    The manual of the Private Body is available at the premises of Sani Lodge Tours cc as well as on the website of Sani lodge Tours cc at www.sanilodge.co.za 

     

    Signed by:  Information Officer Russell Suchet on 3 June 2024