HISP-SA PAIA Manual
Effective Date: 01/07/2021
Date of Last Revision: 25/07/2021
HISP is a non-profit company dedicated to improving lives through the development and implementation of sustainable digital solutions. HISP partners with ministries of health, universities, NGOs and private companies to support integration of information systems through open standards and data exchange mechanisms. We adopt a free and open-source philosophy of sharing our products such as training materials and software solutions. We promote access to, and use of, information for action.
- The ACT grants a requester access to records of a private body, if –
- the record is required for the exercise or protection of any rights;
- the requesting person complies with the procedural requirements of PAIA; and
- access is not refused in terms of a ground for refusal contained in PAIA.
- If a public body lodges a request, the public body must be acting in the public interest.
- Requests in terms of the ACT shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in clauses 6 and 9 of this Manual.
- Requesters are referred to the guide in terms of Section 10 which has been compiled by the South African Human Rights Commission (“SAHRC”), which will contain information for the purposes of exercising Constitutional Rights. The guide is available from the SAHRC.
- The contact details of the SAHRC are:
- Postal Address: Private Bag 2700, Houghton, 2041
- Telephone Number: +27-11-877 3600
- Fax Number: +27-11-403 0625
- Website: www.sahrc.org.za
|1||No 71 of 2008||Companies Act|
|2||No 98 of 1978||Copyright Act|
|3||No 55 of 1998||Employment Equity Act|
|4||No 95 of 1967||Income Tax Act|
|5||No 66 of 1995||Labour Relations Act|
|6||No 89 of 1991||Value Added Tax Act|
|7||No 37 of 2002||Financial Advisory and Intermediary Services Act|
|8||No 75 of 1997||Basic Conditions of Employment Act|
|9||No 130 of 1993||Compensation for Occupational Injuries and Diseases Act|
|10||No 25 of 2002||Electronic Communications and Transactions Act|
|11||No 2 of 2000||Promotion of Access of Information Act|
|12||No 63 of 2001||Unemployment Insurance Act|
|13||No 4 of 2002||Unemployment Insurance Contributions Act|
|14||No 63 of 1977||Health Act|
|15||No 68 of 2008||Consumer Protection Act|
|16||No 9 of 1933||Currency and Exchanges Act|
|17||No 38 of 2001||Financial Intelligence Act|
|18||No 34 of 2005||National Credit Act|
|19||No 85 of 1993||Occupational Health and Safety Act|
|20||No 70 of 2002||Regulation of Interception of Communications Act|
|21||No 97 of 1998||Skills Development Act|
|22||No 9 of 1999||Skills Development Levies Act|
|23||No 194 of 1993||Trade Marks Act|
Company records classification key:
|Classification No. 1||May Be Disclosed||Public Access Document|
|Classification No. 2||May Not Be Disclosed||Request after commencement of criminal or civil proceedings [s7]|
|Classification No. 3||May Be Disclosed||Subject to copyright|
|Classification No. 4||Limited Disclosure||Personal Information that belongs to the requester of that information [s61]|
|Classification No. 5||May Not Be Disclosed||Unreasonable disclosure|
|Classification No. 6||May Not Be Disclosed||Likely to harm the commercial or financial interests of third party [s64(a)(b)]|
|Classification No. 7||May Not Be Disclosed||Likely to harm the Company or third party in contract or other negotiations [s64(c)]|
|Classification No. 8||May Not Be Disclosed||Would breach a duty of confidence owed to a third party in terms of an Agreement [s65]|
|Classification No. 9||May Not Be Disclosed||Likely to compromise the safety of individuals or protection of property [s66]|
|Classification No. 10||May Not Be Disclosed||Legally privileged document [s67]|
|Classification No. 11||May Not Be Refused||Environmental testing/investigation which reveals public safety/environmental risks [s64(2); s68(2)]|
|Classification No. 12||May Not Be Disclosed||Commercial information of Private Body [s68]|
|Classification No. 13||May Not Be Disclosed||Likely to prejudice research and development information of the Company or a third party [s69]|
|Classification No. 14||May Not Be Refused||Disclosure in public interest [s70]|
|Classification No 15||May Not Be Disclosed||Records which HISP does not own and therefore do not have the authority to release. Access must be sought from the owner of the information|
Summary: Records Availability
|Departmental Records||Subject||Classification No.|
|Corporate Services||Staff Records||4,5,9|
|Policies and Procedures||4|
|Health & Safety records||4,5,8|
|Financial and Tax Records (Company & Employees)||12|
|Contracts and SLAs||12,14|
|Systems Infrastructure||Policies and Procedures||4|
|Infrastructure Resource Modelling records||7|
|Server access credentials||6,7,8,15|
|Project Implementation||Stakeholder Contact details||4,8,14|
|Staff cost in Costed proposals||12|
|Digital Transformation||Zammad ticketing system tickets||15|
|Business Requirement Specification||6,7,8|
|Engineering||Personal records of individuals including health records||15|
|Aggregated health data records||15|
|User registration records||15|
|Business Development||Partner records||8|
|Mailing lists for marketing||8,14|
- Use the prescribed form which can be found on our website and submit the form via the website. A ticket number shall be sent back to you to which you can respond for any subsequent queries.
- Direct the request to the Information Officer who shall consider the request and provide a decision within 30 (thirty) days of having received the request or having received the prescribed particulars in terms of section 53(2) of PAIA.
- sufficient details to enable HISP to identify:
- The record(s) requested;
- The requester (and if an agent is lodging the request, proof of capacity); and
- The form of access required;
- the contact details of the requesting party including e-mail address and postal address of the requester in the Republic of South Africa;
- if the requester wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof; and
- the right which the requester is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect such right.
- sufficient details to enable HISP to identify:
- A request for information may be refused by HISP if it does not comply with PAIA or if HISP believes that there is a valid ground for objection in terms of PAIA.
- Should a request for records be made on behalf of a third party, authority to do so must be provided to the Information Officer.
- Should a request be granted, HISP shall provide the requesting person with the following information:
- the access fee payable by the requesting person;
- the type of access which will be granted; and
- notice that the requesting person may approach a competent court to dispute the access fee or the type of access to be granted.
- Once a request has been granted, the records shall be made available to the requesting person once the relevant fee has been paid.
- A request for access to information may be refused in the following circumstances:
- protecting personal information that HISP holds regarding a third party from unreasonable disclosure;
- protecting commercial information that HISP holds regarding a third party which may harm the commercial or financial interests of such third party;
- if the disclosure would result in a breach of a duty of confidence owed to a third party;
- if the disclosure would jeopardise the safety or life of a natural person;
- if disclosure would prejudice or impair the security of property or means of transport of a person;
- if disclosure would prejudice or impair the protection of a person who is subject to a witness protection scheme;
- if disclosure would prejudice or impair the protection of the safety of the public;
- the record is privileged from production in legal proceedings unless privilege in relation to such record has been waived;
- if the record is a computer programme;
- disclosure of the record will put HISP at a disadvantage in contractual or other negotiations or prejudice HISP in commercial competition;
- disclosure of the record would harm the commercial or financial interests of HISP; and
- records containing information about research being carried out or about to be carried out on behalf of a third party or a company which is related to HISP, and which have not been made public by HISP.
- Should a request be refused, HISP shall provide the requesting person with the following information –
- adequate reasons for the refusal including the relevant sections of PAIA; and
- notice that the requesting person may lodge an application with a competent court against the refusal and against the procedure including the period for lodging the application.
- A non-refundable request fee is payable to HISP upon the submission of the request.
- A requesting party who has made a request for access to records and such request has been granted must pay an access fee to HISP for the search and preparation of the records and any time reasonably required which exceeds the prescribed hours for searching and preparation arrangements.
- The prescribed forms and fees are available on the website of the Department of Justice and Constitutional Development.
- Should records be requested that contain information pertaining to a third party, HISP is obliged to attempt to contact the third party to inform it of the request and to provide it with the opportunity to respond to the request by consenting or providing reasons why the access should be refused.
- Should the third party provide reasons for the support of or against providing access, the Information Officer will consider such reasons in determining whether access should be granted.
- The requesting party may appeal the decision of the Information Officer to a competent court in the Republic of South Africa in accordance with PAIA.
- Should all reasonable steps be taken by HISP to find a requested record and there are reasonable grounds to believe that the record:
- is in HISP’s possession but cannot be found; or
- does not exist,
then the Information Officer shall notify the requesting party that it is not possible to provide the requesting party access to such record.
- The communication contemplated in clause 1 shall set out the steps taken and correspondence exchanged relating thereto by HISP to find the requested record or to determine whether the record exists.
- A notice in terms of clause 2 shall constitute a refusal by HISP.
- Should the record be found after a notice in terms of clause 2 is sent to the requesting party, HISP shall provide the requesting party access to the record, unless refused in terms of a ground for refusal by the Information Officer.
This Manual is available for download by clicking on the following link
- This Manual shall be reviewed annually by HISP.
- Notwithstanding clause 1 above, HISP may amend this Manual as and when required.
- In this Manual, unless the context requires otherwise:
- words importing any one gender shall include the other two genders;
- the singular shall include the plural and vice versa; and
- a reference to natural persons shall include created entities (corporate or unincorporated) and vice versa.
- In this Manual, the headings have been inserted for convenience only and shall not be used to assist or affect its interpretation.
- Where a clause reference is referred to in this Manual and followed by the heading of the clause, if there is any conflict between the two, the word reference to the heading shall prevail.
- Words and/or expressions defined in any clause in the body of this Manual shall, unless the application of such words and/or expressions is specifically limited to that clause, bear the meaning to it throughout this Manual.
- The eiusdem generis rule shall not apply and accordingly, whenever a provision is followed by the word “including” followed by specific examples, such examples shall not be construed to limit the ambit of the provision concerned.