The Promotion of Access to Information Act, 2000 (Act 2 of 2000)
What is the purpose of the Act?
The Promotion of Access to Information Act ("PAIA"), No 2 of 2000 gives effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights.
PAIA gives the requester a right to lodge a request from the information officer of a public or private body.
PAIA requires all private and public bodies to prepare a PAIA manual.
Elite Sourcing provides talent solutions in the recruitment industry. The Promotion to Access of Information Act 2 of 2000 (PAIA), together with all relevant legislation, provides for the right of access to information held by public and private bodies, when such information is requested for the exercise of protection of any rights.
This manual has been compiled to inform and assist any potential requesters of the procedural and other requirements which a request for information must meet as prescribed by the Act (PAIA).
Our details are as follows:
- Company name: ELITE SOURCING (Pty) Ltd
- 33 Black Thorne Avenue, Van Riebeeck Park, Kempton Park 1619
- Phone number: +27 76 228 0030
- Information officer: Mariska Germishuizen
- Deputy Information officers: Carla Vorster
- Information officers email: information: email@example.com
- Website: www.elitesourcing.co.za
These are all our details, but please rather contact us by email at firstname.lastname@example.org, whenever possible.
If you would like further guidance on how you can get access to information under PAIA, you may contact the Information Regulator to find out more information about PAIA.
PAIA requires the Information Regulator to compile a guide in each official language of South Africa on how to exercise any right under PAIA.
The current guide complied by the South African Human Rights Commission is available here:
In terms of the Section 110 of the Protection of Personal Information Act 4 of 2013 the functions of the Human Rights Commission have been transferred to the Information Regulator.
Their contact details are as follows:
- Postal address: P.O Box 3153, Braamfontein, Johannesburg, 2017
- Physical address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
- Website: https://www.justice.gov.za/inforeg/index.html and http://www.sahrc.org.za/index.php/understanding-paia
- General e-mail: email@example.com
- Complaints email: complaints.IR@justice.gov.za
Records we hold:
We hold the following subjects and categories of records:
- Company records;
- Business records;
- Financial records;
- Insurance records;
- Personnel records;
- Policies and directives;
- Agreements or contracts;
- Regulatory documents;
- Published information;
- Customer information; and
- Reference materials.
Please note that records that are 'not automatically available,' must be requested using the process outlined in the ‘How to request access’ section of this manual.
We hold various subjects and categories of records in electronic or physical form that are available automatically or in other ways.
Company records are all our records related to the incorporation and administration of our company.
- Some of them are available from the Companies and Intellectual Property Commission (CIPC).
- Memorandum of incorporation Automatically available from CIPC.
- Directors’ names Automatically available from CIPC.
- Documents of incorporation Automatically available from CIPC.
- Minutes of board of directors meetings Not automatically available.
- Written resolutions Not automatically available.
- Records relating to appointment of directors, auditor, secretary, public officer, or other officers Not automatically available.
- Share register and other statutory registers Not automatically available.
- Other statutory records Not automatically available.
- Company records include our memorandum of incorporation and directors' names.
Business records include any documents that have economic value to the business.
- Operational records Not automatically available
- Databases Not automatically available
- Published works Not automatically available
- Internal correspondence Not automatically available
- Product records Not automatically available
- Building plans Not automatically available
- Mortgage bonds Not automatically available
- Title deeds Not automatically available
Financial records are all our records related to our finances.
- Financial statements Not automatically available (NDA required)
- Tax returns and assessments Not automatically available
- Other documents relating to taxation of the company Not automatically available
- Accounting records Not automatically available
- Auditor reports Not automatically available
- General ledger Not automatically available
- Subsidiary ledgers (receivables, payables etc.) Not automatically available
- Banking records Not automatically available
- Banking details Automatically available on request
- Bank statements Not automatically available
- Electronic banking records Not automatically available
- Paid cheques Not automatically available
- Asset register Not automatically available
- Invoices Not automatically available
- Deposit slips Not automatically available
- Cashbooks Not automatically available
- Financial agreements Not automatically available
- Financial records include our financial statements and banking details.
Insurance records are all our records related to our insurable assets.
- Insurance policies held by the company Not automatically available
- Claims records Not automatically available
- Register of all immovable property owned by the company Not automatically available
Income tax records:
Income tax records are all our records related to our income tax obligations.
- PAYE Records Not automatically available
- Corporate tax records Not automatically available
- Customs tax Not automatically available
- Documents issued to employees for income tax purposes Not automatically available
- Records of payments made to SARS on behalf of employees Not automatically available
- VAT records Not automatically available
- Regional Services Levies Not automatically available
- Skills Development Levies Not automatically available
- UIF Not automatically available
- Workmen’s Compensation Not automatically available
Personnel records are all our records about anyone who works for us, provides services to us, or provides services on our behalf and who receives or is entitled to
receive remuneration, including our employees, contractors, and other personnel.
- List of employees Not automatically available
- Attendance registers Not automatically available
- Employee personal information Not automatically available
- Employee employment contracts Not automatically available
- Employment applications and appointment letters Not automatically available
- Employment policies and procedures Not automatically available
- Employment Equity Plan Not automatically available
- Employee loans Not automatically available
- Medical aid records Not automatically available
- Pension and provident fund records Not automatically available
- Salaries or wages of employees Not automatically available
- Health and safety records Not automatically available
- Leave records Not automatically available
- Internal evaluations and performance records Not automatically available
- Disciplinary records Not automatically available
- Disciplinary codes Not automatically available
- Training records Not automatically available
- Operating manuals Not automatically available
- Personal records provided by personnel Not automatically available
- Other statutory records Not automatically available
- Related correspondence Not automatically available
Personnel records include records about our employees and contractors.
Policies and directives:
Policies and directives include both internal and external documents.
- Internal relating to employees and the company Not automatically available
- External relating to clients and other third parties Not automatically available
- Information technology systems and documents Not automatically available
Agreements or contracts:
Agreements or contracts include the documents themselves and all related documents.
- Standard agreements Not automatically available
- Rental agreements Not automatically available
- Contracts concluded with customers Not automatically available
- NDAs Not automatically available
- Letters of intent, MOUs Not automatically available
- Third party contracts (such as JV agreements, VAR agreements, etc.) Not automatically available
- Office management contracts Not automatically available
- Supplier or service contracts Not automatically available
- Agreements related to intellectual property Not automatically available
Regulatory documents include any documents required to comply with any laws.
- Permits Not automatically available
- Licences Not automatically available
- Authorities Not automatically available
Published information includes any document that we prepare and produce.
- External newsletters and circulars Automatically available
- Information available on the website Automatically available
- Internal newsletters and circulars Not automatically available
- Brochures and marketing material Not automatically available
- Information on the company published by third parties Not automatically available
Customer information includes any information about anyone that we provide goods or services to, including our customers, leads, or prospects.
- Customer details Not automatically available
- Contact details of individuals within customers Not automatically available
- Communications with customers Not automatically available
- Sales records Not automatically available
- Transactional information Not automatically available
- Marketing records Not automatically available
Reference materials include any sources of information that we contribute to.
- Books Not automatically available
- Newsletters and journals articles Not automatically available
- Magazines Not automatically available
- Newspaper articles Not automatically available
Information we hold to comply with the law:
We hold records for the purposes of PAIA in terms of the following main laws, among others:
- Basic Conditions of Employment Act 75 of 1997;
- Broad Based Black Economic Empowerment Act 53 of 2003;
- Community Schemes Ombud Service Act 9 of 2011;
- Companies Act 61 of 1973;
- Companies Act 71 of 2008;
- Compensation for Occupational Injuries and Disease Act 130 of 1993;
- Competition Act 89 of 1998;
- Consumer Affairs (Unfair Business Practices) Act 71 of 1988;
- Consumer Protection Act 68 of 2008;
- Copyright Act 98 of 1978;
- Customs and Excise Act 91 of 1964;
- Electronic Communications Act 36 of 2005;
- Electronic Communications and Transactions Act 25 of 2002;
- Employment Equity Act 55 of 1998;
- Employment Services Act 4 of 2014;
- Employment Tax Incentive Act 26 of 2013;
- Financial Services Board Act 97 of 1990;
- Financial Intelligence Centre Act 38 of 2001;
- Harmful Business Practices Act 23 of 1999;
- Income Tax Act 58 of 1962;
- Labour Relations Act 66 of 1995;
- National Credit Act 34 of 2005;
- Nonprofit Organisations Act 71 of 1997;
- Occupational Health and Safety Act 85 of 1993;
- Prescribed Rate of Interest Act 55 of 1975;
- Prevention and Combatting of Corrupt Activities Act 12 of 2004;
- Prevention of Organised Crime Act 121 of 1998;
- Promotion of Equality and Prevention of Unfair Discrimination Act of 4 of 2000;
- Protected Disclosures Act 26 of 2000;
- Protection of Businesses Act 99 of 1978;
- Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004;
- Protection of Personal Information Act 4 of 2013;
- Regulation of Interception of Communications and Provision of Communication related Information Act 70 of 2002;
- Sectional Titles Schemes Management Act 8 of 2011;
- Sectional Titles Act 95 of 1986;
- Skills Development Act 97 of 1998;
- Skills Development Levies Act 9 of 1999;
- Special Economic Zones Act 16 of 2014;
- Tax Administration Act 28 of 2011;
- Transfer Duty Act 40 of 1949;
- Unemployment Contributions Act 4 of 2002;
- Unemployment Insurance Act 63 of 2001;
- Unemployment Insurance Contributions Act 4 of 2002;
- Usury Act 73 of 1968; and
- Value Added Tax Act 89 of 1991.
How to request access:
We have authorised and designated our information officer to deal with all matters relating to PAIA in order to comply with our obligations in terms of PAIA.
To request access to a record, please complete:
Form C which is available from the Information Regulator website at https://www.justice.gov.za/forms/paia/J752_paia_Form%20C.pdf
Please submit the completed form to our information officer together with the relevant request fee (details here: http://www.sahrc.org.za/home/21/files/PAIA%20Notice%20on%20fees.pdf) at our information officer's email address, our physical address, or by fax in terms of our details provided above.
Please ensure that the completed form:
- has enough information for the information officer to identify you, the requested records, and which form of access you require;
- specifies your email address, postal address, or fax number;
- describes the right that you seek to exercise or protect;
- explains why you need the requested record to exercise or protect that right;
- provides any other way you would like to be informed of our decision other than in writing; and
- provides proof of the capacity in which you are making the request if you are making it on behalf of someone else (we will decide whether this proof is satisfactory).
If you do not use the standard form we may:
- reject the request due to lack of procedural compliance;
- refuse it if you do not provide sufficient information; or
- delay it.
You may request information by completing a request for access form and submitting it to our information officer together with a request fee.
Grounds for refusal:
We may have to refuse you access to certain records in terms of PAIA to protect:
- someone else's privacy;
- another company’s commercial information;
- someone else’s confidential information;
- the safety of individuals and property;
- records privileged from production in legal proceedings; or
- research information.
We will notify you in writing whether your request has been approved or denied within 30 calendar days after we have received a completed request for access form. If we cannot find any requested record or it does not exist, then we will notify you by way of affidavit that it is not possible to give access to that particular record. We may have to refuse you access to a record to protect others.
How we will give you access:
We will evaluate and consider all requests to us in terms of PAIA. If we approve your request for access to our records, then we will decide how to provide access to you – unless you have asked for access in a specific form. Publication of this manual does not give rise to any rights to access information records, except in terms of PAIA.
How much it will cost you?
You must pay us a request fee as required by law when submitting a request for access to information.
The prescribed fees are as set out in the Fee Schedule which is available.