PAIA Manual

Table of Contents

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1. List of acronyms and abbreviations
2. Purpose of PAIA
3. Guide on how to use PAIA and how to obtain access to the guide
4. MacRoots (pty) ltd address
5. Introduction of Entities
6. Particulars in terms of the Section 51 manual
7. Contact Details
8. The guide as described in Section 10
9. Types of records available
10. Processing of personal information
11. The recipients or categories of recipients to whom personal information may be supplied
12. General description of information security measures
13. Availability of the manual
14. Updating of the manual
15. Procedure to request access to information
1. Our response
2. Our right of access to information
3. Our right to refuse access to information

16. Promotion of access to information
1. Fees payable in respect of private bodies

17. Request for access to record of a private body

1. List of acronyms and abbreviations

ABBREVIATION	EXPLANATION
CEO	Chief Executive Officer
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
Republic	Republic of South Africa

2. Purpose of PAIA

The PAIA Manual is useful for the public to:

• Check the categories of records held by a body which are available without a person having to submit a formal PAIA request,
• 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,
• Know the description of the records of the body which are available in accordance with any other legislation,
• 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,
• Know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it,
• 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,
• Know the description of the categories of data subjects and of the information or categories of information relating thereto,
• Know the recipients or categories of recipients to whom the personal information may be supplied,
• 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
• Know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.

3. Guide on how to use PAIA

and how to obtain access to the guide

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.

• The Guide is available in each of the official languages and in braille.
• The aforesaid Guide contains the description of:
• the objects of PAIA and POPIA,
• the postal and street address, phone, and fax number and, if available, electronic mail address of:
• the Information Officer of every public body, and
• every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPIA,
• the manner and form of a request for:
• access to a record of a public body contemplated in section 11, and
• access to a record of a private body contemplated in section 50,
• the assistance available from the IO of a public body in terms of PAIA and POPIA,
• the assistance available from the Regulator in terms of PAIA and POPIA,
• 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:
• an internal appeal,
• a complaint to the Regulator, and
• 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,
• the provisions of sections 14 and 51 requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual,
• the provisions of sections 15 and 52 providing for the voluntary disclosure of categories of records by a public body and private body, respectively,
• the notices issued in terms of sections 22 and 54 regarding fees to be paid in relation to requests for access, and
• the regulations made in terms of section 92
• 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.
• The Guide can also be obtained:
• upon request to the Information Officer,
• from the website of the Regulator (https://www.justice.gov.za/inforeg/).

Section 17(1) of PAIA – For the purposes of PAIA, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records.

Section 56(a) of POPIA – Each public and private body must make provision, in the manner prescribed in section 17 of the Promotion of Access to Information Act, with the necessary changes, for the designation of such a number of persons, if any, as deputy information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA.

Section 11(1) of PAIA – A requester must be given access to a record of a public body if that requester complies with all the procedural requirements in PAIA relating to a request for access to that record; and access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

Section 50(1) of PAIA – A requester must be given access to any record of a private body if:

• that record is required for the exercise or protection of any rights,
• that person complies with the procedural requirements in PAIA relating to a request for access to that record, and,
• access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

Section 14(1) of PAIA – The information officer of a public body must, in at least three official languages, make available a manual containing information listed in paragraph 4 above.

Section 51(1) of PAIA – The head of a private body must make available a manual containing the description of the information listed in paragraph 4 above.

Section 15(1) of PAIA – The information officer of a public body, must make available in the prescribed manner a description of the categories of records of the public body that are automatically available without a person having to request access.

Section 52(1) of PAIA – The head of a private body may, on a voluntary basis, make available in the prescribed manner a description of the categories of records of the private body that are automatically available without a person having to request access

Section 22(1) of PAIA – The information officer of a public body to whom a request for access is made, must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

Section 54(1) of PAIA – The head of a private body to whom a request for access is made must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

Section 92(1) of PAIA provides that – “The Minister may, by notice in the Gazette, make regulations regarding:

• any matter which is required or permitted by this Act to be prescribed,
• any matter relating to the fees contemplated in sections 22 and 54,
• any notice required by this Act,
• uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to be made available in terms of section 15, and
• any administrative or procedural matter necessary to give effect to the provisions of this Act.”

4. MacRoots (Pty) Ltd Address

We have Physical offices and a Postal Address

5. Introduction of Entities

MacRoots (Pty) Ltd provide clients with tailored IT services

MacRoots (Pty) Ltd provide their clients with a tailored approach to IT services. These tailored products and services are designed to provide the best quality and most cost-effective IT solutions. MacRoots (Pty) Ltd is one of the few service providers in the country that offer such a wide spectrum of services. You would have access to a range of assistances, which in the long run will give you a competitive advantage in any field of operation.

MacRoots (Pty) Ltd model aims to partner your staff with our team of skilled technicians, to provide you with IT services, enabling you to leverage off a host of skills – all housed in one place. We have the ability to assist on a large scale, to businesses and schools that need managed IT services, as well as on a more personalised level to individuals who need day-to-day IT assistance.

The entity that is relevant for this manual: MacRoots (Pty) Ltd South Africa.

The MacRoots (Pty) Ltd Information Officer will attend to all matters relating to this Act.

6. Particulars in terms of the Section 51 manual

Applicable to MacRoots (Pty) Ltd Clients

This Manual has been complied in accordance with the Promotion of Access to Information Act 2 of 2000 (“the Act”) and applies to all the South African identified entities within MacRoots (Pty) Ltd.

7. Contact Details

MacRoots (Pty) Ltd Privacy Officer & Contact Information

• Information Officer
• Corrie Roets
• 011 875 2320
• [email protected]

8. The guide as described in Section 10

For persons who wish to exercise any right contemplated in the Act

The Guide provides greater clarity on or assistance with the Act. It will, inter alia, include the following:

• What the objectives of this Act are,
• The relevant contact details of each public and private body (if available),
• The process that needs to be followed in order to request access to records,
• The assistance available from the information officer of a public body,
• How to obtain access to a manual of a public and private body,
• All the remedies available in law to you, and
• Details on prescribed fees payable in respect of requests for information.

The guide has been compiled in each official language and contains such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in the Act.

Please direct any queries to:

• [email protected]

9. Types of records available

Records Available in Terms of any Other Legislation

Records Available in Terms of any Other Legislation

All records kept and made available in terms of legislation applicable to any of the Entities listed in this Manual, as it applies to the specific environment in which the Entities operate, are available in accordance with the said legislation.

Legislation includes the following:

• The Constitution of the Republic of South Africa, 1996
• Consumer Protection Act, 68 of 2008
• Companies Act, 71 of 2008
• Income Tax Act, 58 of 1962
• Protection of Personal Information Act, 4 of 2013
• Basic Conditions of Employment Act, 75 of 1997
• Occupational Health and Safety Act, 85 of 1993
• Employment Equity Act, 55 of 1998
• Compensation for Occupational Injuries and Diseases Act, 130 of 1993
• Unemployment Insurance Act, 30 of 1966
• Customs and Excise Act, 91 of 1964
• Value Added Tax Act, 89 of 1991
• Copyright Act, 98 of 1978
• Electronic Communications and Transactions Act, 25 of 2002
• Regulation of Interception of Communications and Provision of Communication-Related Information Act, 70 of 2002

Records Available without Requesting Access in Terms of the Act

A private body may, on a voluntary and periodic basis, submit to the Minister of Justice a description of categories of records, which are automatically available without a person having to request access in terms of the Act. The Minister must publish any description so submitted by way of a notice in the Gazette.

Records Available on Request

Set out below are the subjects and categories of records that are available for the purposes of the Act, subject to grounds for refusal to the access thereof.

Records are maintained on the following subjects:

• Personnel records
• Client related records
• Private body records
• Records in the possession of or pertaining to other parties

Personnel records

“Personnel” refers to any person who works for or provides services to or on behalf of the Entities, and receives or is entitled to receive remuneration, and any other person who assists in carrying out or conducting the business of the private body. This includes, without limitation, directors (executive and non-executive), all permanent, temporary, and part-time staff, as well as contract workers.

Personal records include the following:

• Personal records provided to the private body by their personnel,
• Records provided by a third party to the private body relating to their personnel,
• Conditions of employment and other personnel-related contractual and quasi-legal records,
• Internal evaluation records and other internal records; and
• Correspondence relating to personnel.

Client related records

A “client” refers to any natural or juristic entity that receives services from the private body.

Client records include the following:

• Records provided by the client to a third party acting for or on behalf of the private body,
• Records provided by a third party to the private body,
• Records generated by or within the private body pertaining to the client including transactional records, and
• Records of MacRoots (Pty) Ltd and other listed Entities.

Other Party records include the following:

• Financial records,
• Operational records,
• Databases,
• Information Technology,
• Marketing records,
• Internal correspondence,
• Records relating to products and services,
• Statutory records,
• Internal Policies and Procedures, and
• Records held by officials of the private body.

These records include, but are not limited to, the records which pertain to the various Entities’ own affairs:

• Personnel, client, or private body records which are held by another party, as opposed to the records held by the private body, and
• Records held by the private body pertaining to other parties, including without limitation, financial records, correspondence, contractual records, records provided by the other party and records third parties have provided about the contractors and suppliers.

10. Processing of Personal Information

Purpose of Processing

The Entities use the Personal Information under their care in the following ways:

• Performing business operations
• Staff administration
• Keeping of accounts and records
• Complying with tax laws

MacRoots (Pty) Ltd South Africa may possess records pertaining to contractors, suppliers, subsidiary / holding / sister companies, joint venture companies, and service providers, staff and clients.

DATA SUBJECTS	TYPE OF PERSONAL INFORMATION HELD
Clients – Legal Entities	Full names of contact persons, Name of Legal Entity, Physical and Postal address and contact details of the client, Financial information, Registration Number, Tax-related information, VAT number
Clients: Natural Persons	Full names, contact details, physical and postal addresses, date of birth, ID number, Tax related information, nationality, gender, correspondence of a private/confidential nature
Service Providers	Full name and Registration number of the entity, Physical and Postal addresses, Contact Details, Financial Information, VAT number
Employees	Full names, contact details, physical and postal addresses, date of birth, ID number, Tax related information, nationality, gender, correspondence of a private/confidential nature, Gender, Pregnancy, Marital Status, Race, Age, Language, Education information, Financial Information, Employment History, ID number, Physical and Postal address, Contact details, Opinions, Criminal behaviour, Well-being

11. The recipients or categories of recipients to whom personal information may be supplied

Some information is required by by external recipients

MacRoots (Pty) Ltd South Africa may supply the Personal Information under their care to service providers who render the following services:

• Cloud-based services such as data storage, network, email, and security services,
• Cloud-based applications such as Human Resource or Marketing solutions,
• Third-party organisations providing legal services,
• Third-party organisations engaged for common commercial purpose, such as service provision, joint ventures, or collective bid responses,
• Credit reference entities, used in the normal course of business; and
• Government organisations such as South African Revenue Services, as required for legal purposes.
• Government organisations such as South African Police services requesting Identity number and names, for criminal checks,
• South African Qualifications Authority requesting Qualifications, for qualification verifications,
• Credit Bureaus requesting Credit and payment history, for credit information.

12. General description of information security measures

Data is safe and secure with MacRoots (Pty) Ltd

MacRoots (Pty) Ltd South Africa employs the latest technology to ensure the confidentiality, integrity and availability of its information assets which include the Personal Information under its care. These measures include:

• Boundary firewalls and Internet gateways,
• Secure configuration of all devices and software which make up the IT infrastructure,
• Both logical and physical access controls,
• Malware protection, and
• Patch management to keep software up to date.

Service Providers who process Personal Information on behalf of MacRoots (Pty) Ltd are bound by agreement to implement similar information security controls than those employed by MacRoots (Pty) Ltd.

13. Availability of the manual

The PAIA Manual is always available from MacRoots (Pty) Ltd

A copy of the Manual is available at:

• head office of MacRoots for public inspection during normal business hours,
• to any person upon request and upon the payment of a reasonable prescribed fee; and
• to the Information Regulator upon request.
• On https://www.macroots.co.za/
• A fee for a copy of the Manual, as contemplated in annexure B of the Regulations, shall be payable per each A4-size photocopy made.

14. Updating of the manual

This manual is updated as often as possible

The head of MacRoots will on a regular basis update this manual.

15. Procedure to request access to information

Know how to obtain your personal information

If you want to obtain access to any of the records listed in this manual, you should follow the procedure as set out below, and a non-refundable request fee of r 50.00 + vat.

• Fill in the application form contained in this manual and send it to us via hand delivery, postal service, or email.
• Hand in your completed application form, and a non-refundable request fee of R 50.00 + VAT at our office. If you are an employee or ex-employee requesting access to your personnel record, then you do not have to pay the request fee.
• If you cannot visit our office in person, you can post the form and fee to us, or you can contact us to make alternative payment arrangements.

15.1 Our response

Response times are stipulated and adhered to based on the request

We will consider your request and let you know our decision, in writing, not more than 30 days after we receive your request.

Our response will be one of the following:

• Your application does not contain enough information to enable us to search for the record you want. Please provide additional details.
• It is going to take us more than six hours to search through our records, and before we do so you must pay us a deposit of R60.00 (plus VAT).
• We have found the record you’re looking for, and you may have access to it, on payment of:
• an access fee of R 30.00 (+ VAT) per hour for the time that it took us to find the record (less any deposit which you have already paid), and
• a reproduction fee for making photocopies or printouts or copying the record onto a stiffy disc or CD – the prescribed fees are set out in this manual.

Note: we will not charge fees to an employee or ex-employee requesting access to his/her personnel record.

• If your request is for access to your Personal Information in terms of Section 23 of the Protection of Personal Information Act, we will give you a written estimate of the fee before providing the access. We may require you to pay a deposit for all or part of the fee.
• You may not have access to the record you want, for reasons which we will state in our reply. If you have paid a deposit, we will refund it (but not the request fee).
• If we have searched for the record and cannot find it, we will give you an affidavit explaining what steps we took to try and find the record. Should the missing record later come to light, we will notify you.
• If we may or must refuse to give you access to part of the requested Personal Information, we will give you access to every other part.

15.2 Your right of access to information

Excersice and Protect your rights

Both the Promotion of Access to Information Act and the Protection of Personal Information Act entitle you to have access to our records, if:

• you need access to exercise or protect any of your rights, and
• you apply for access according to the procedure set out in this manual, and
• the Entities do not have grounds for refusing you access.

15.3 Our right to refuse access to information

MacRoots (Pty) Ltd rights may refuse data records access

We have the right to refuse to give you access to our records if any of the following grounds apply:

• the record would unreasonably disclose Personal Information about a natural person, including a deceased individual (unless that third party or a representative of the deceased gives written permission for access),
• the record contains (a) trade secrets, or (b) financial, commercial, scientific, or technical information, or (c) information about research by a third party, which could put that third party at a disadvantage in a negotiation or prejudice him in competition (unless that third party gives written permission for access),
• access would put us in breach of a duty of confidence which we owe to a third party (unless that third party gives written permission for access),
• access could reasonably be expected to (a) endanger someone’s life or physical safety, or (b) prejudice or impair the security of a building, structure, system, means of transport or other property,
• the record is privileged from being produced as evidence in legal proceedings (unless the person protected by the privilege has waived that protection), or
• if the request is for access to your Personal Information, and you could not provide adequate proof of identity to us.

16. Promotion of access to information

Fees for reproduction of personal data

16.1 Fees payable in respect of private bodies

Fees are available in Form 3 Outcome of Request and Fees Payable, downloadable from this website or the Regulator at: https://inforegulator.org.za/wp-content/uploads/2020/07/Form-3-PAIA.pdf

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17. Request for access to record of a private body

Contact information required for requests

(Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000))

[Regulation 10]

• Information Officer
• Corrie Roets
• 011 875 2320
• [email protected]

The request can be made using FORM 2 REQUEST FOR ACCESS TO RECORD, found on this website or at: https://inforegulator.org.za/wp-content/uploads/2020/07/InfoRegSA-PAIA-Form02-Reg7.pdf

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Get the Internal Appeal Form 4:

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Updated: 8 January 2024