Promotion of Access to Information Act

MANUAL IN RESPECT OF PROMOTION OF ACCESS TO INFORMATION ACT 

1. INTRODUCTION

1.1 The object of the Act is to give 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; and to provide for matters connected therewith.

1.2 Where a request is made in terms of the Act, the public or private body to whom the request is made needs to make access available or release the information, except where the Act expressly provides that the information must not or need not be released.

1.3 This manual on access to information held by Live the Journey Holdings (Pty) Ltd (“the Institution”) with registration number 2019/271061/07, a company mainly conducting business as an inbound and outbound tourism, destination management, incentives and event planning concern, is compiled in terms of section 51 of the Promotion of Access to Information Act (hereafter referred to as “the Act”).

1.4 A copy of the Act can be obtained from: https://www.gov.za/documents/acts 

1.5 Availability of this Manual: The requester can access this Manual via the Institution’s website www.livethejourney.co.za or by requesting a copy via email from the Information Officer referred to in par. 5.3 below.

2. REQUEST FOR INFORMATION

A requester may submit your request for records and information to the Information Officer referred to in par. 5.3 below. It is however advisable that this manual be read first before a request is submitted.

3. PRIVACY POLICIES OF THE INSTITUTION

3.1 We collect personal or other information to:
3.1.1 Follow clients’ instructions;
3.1.2 Inform clients of new services, products or tariff/price fluctuations; 
3.1.3 Meet our responsibilities to customers, employees and other natural or juristic persons; and
3.1.4 To address our clients’ needs.

3.2 Personal information may be received from or provided to:
3.2.1 Protect and defend the Institution’s rights and property (including but not limited to the Institution’s intellectual property);
3.2.2 Any regulatory authority;
3.2.3 Comply with legislation;
3.2.4 Protect public interest;
3.2.5 Agents, advisors and service providers in order to provide services to clients and comply with legitimate contractual rights and obligations.

4. TRANS BORDER INFORMATION FLOWS

The Institution may share with or receive personal information from parties referred to in par. 3 above where these parties reside outside the borders of South Africa. All operations and participants are required to adhere to the Institution’s policies, procedures, guidelines regardless of the legislative requirements for data protection in the particular countries.

5. CONTACT DETAILS

5.1 The following contact details can be used to obtain information from The Institution in accordance with the Act and this manual.

5.2 The Institution conducts its business from 42A Main Road, Paarl, 7646.

5.3 Contact information for the purpose of this request:

5.3.1 Information Officer: Adriaan de Lange
5.3.2 Tel.: 021 863 6400
5.3.3 Fax: call 021 863 6400 for fax details
5.3.4 Email: [email protected]
5.3.5 Website: www.livethejourney.co.za
5.3.6 Postal Address: PO Box 703, Northern Paarl, 7623
5.3.7 Physical Address: 42A Main Road, Paarl, 7646

6. HUMAN RIGHTS COMMISSION GUIDELINE

6.1 This Manual provides an outline of the types of records held by the Institution and explains how a person may submit requests for access to these records in terms of the Promotion of Access to Information Act, 2 of 2000 (the “Act”).

6.2 Should you have any queries in this regard, kindly contact the SAHRC directly:

6.3 Contact details of the South African Human Rights Commission:
The PAIA Unit
Tel.: +27 (0) 11 877 3600
Email: [email protected]
Fax: +27 (0) 11 403 0625 
Physical Address: 27 Stiemens Street, Braamfontain, 2017
Postal Address: Private Bag X2700, Houghton, 2041
Website: www.sahrc.org.za

7. CATEGORIES OF RECORDS

All information held by The Institution is classified and grouped according to records relating to the following subjects and categories:

7.1 Employee Records
Records which contain information of employees that include:
7.1.1 Any personal records provided to The Institution by the employee/personnel;
7.1.2 Any records a third party has provided The Institution about its personnel;
7.1.3 Conditions of employment and other employee-related contractual and quasi-legal records.

7.2 Client related Records
Records which contain information of clients (any natural or juristic entity) that receive a service from The Institution that include:
7.2.1 Any records a client has provided to The Institution or to a third party acting for and on behalf of The Institution.
7.2.2 Any records a third party has provided to The Institution.
7.2.3 Records generated by or within The Institution pertaining to its clients.

7.3 The Institution’s Records
The following records that relate to the Institution’s own affairs:
7.3.1 Annual Financial reports
7.3.2 Operations (sales and client services)
7.3.3 Databases
7.3.4 Product, policy documentation and conditions
7.3.5 Marketing
7.3.6 Newsletters
7.3.7 Information technology
7.3.8 Internal policies and procedures
Each request will be evaluated on its own merits and should a request be made for records that fall under any of the categories of exemption, such a request will be refused.

7.4 Other Party Records
Records are kept in respect of other parties including, but not limited to, contractors, suppliers and service providers. Alternatively, such other parties may possess records which can be deemed to belong to the Institution. The following records fall under this category:
7.4.1 Employee, work or service related records which are held by another party as opposed to being held by the Institution (including but not limited to i.e. payroll administrators or service providers); and
7.4.2 Records held by the Institution relating to other parties, including financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about contractors/service providers/suppliers/shareholders/beneficiaries/participants/associates/subsidiaries/holding companies.

7.5 Records available in accordance with other legislation
7.5.1 Companies Act;
7.5.2 Skills Development Levies Act;
7.5.3 Financial Intelligence Centre Act;
7.5.4 Labour Relations Act;
7.5.5 Basic Conditions of Employment Act;
7.5.6 Employment Equity Act;
7.5.7 Prevention of Organised Crime Act;
7.5.8 Income Tax Act;
7.5.9 Value Added Tax Act;
7.5.10 Unemployment Insurance Act;
7.5.11 Compensation for Occupational Injuries and Diseases Act.

8. STEPS TO CONSIDER PRIOR TO SUBMITTING A REQUEST FOR INFORMATION AND/OR RECORDS

8.1 Consideration should be given to the exclusions in the Act (as may be amended from time to time). 

8.2 The Act only applies to records that are in existence at the time of a request being made. The Act does not compel anyone to create a record which is not yet in existence at the time of a request. For example, the Act cannot be used to obtain access to reasons for a decision made or taken by the Institution if such reasons are not in the form of a record.

8.3 The Act provides that the requested record must be in possession or under the control of the person or entity that it is requested from. If a record was created by or at some point in the Institution’s possession (but no longer at the time of the request), then access to the record must be requested from the person or entity under whose possession or control it is at the time of the request.

9. ACCESS TO A RECORD

9.1 Prescribed Access Form

9.2 Any person who wishes to request information from The Institution with the aim of protecting or exercising a right may contact the information officer as described under par. 1.1 above. Take care to adequately describe the right you are seeking to protect or enforce by means of the requested record. It is to be noted that the Institution may refuse you access to the requested records if the right is not clearly defined or where the right the requester claims to seek to exercises or protect does not qualify as a right contemplated in the Act. 

9.3 In order for the request to be entertained the request must be received by the information officer on the prescribed form. The prescribed time periods will not commence until all pertinent information has been furnished to The Institution by the requestor. Refer to Annexure A to this manual for the format of the prescribed form.

9.4 Prescribed Fee
9.4.1 A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid. 
9.4.2 You will be notified of the amount required to be paid as the request fee. Kindly refer to Annexure B for a guideline in respect of fees.
9.4.3 The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record. 
9.4.4 If you qualify for exemption of the payment of any fee, please state the reason(s) therefore.

9.5 Request Procedure
The following is the basic procedure to be followed when requesting a record:
9.5.1 The Institution will only process your application if it is received on the prescribed form. 
9.5.2 The prescribed form must be completed providing as much detail as possible and all attachments/additional folios attached to the form must be signed by the requestor.
9.5.3 When completing the form:
9.5.3.1 Provide full personal and contact details.
9.5.3.2 If acting on behalf of another person state in what capacity, for example, legal guardian, next of kin etc. Note that proof of capacity must be attached.
9.5.3.3 If making the request on behalf of another person, you must provide that person’s full names and identity number.
9.5.3.4 Provide a detailed description of the record required providing any reference numbers if possible.
9.5.3.5 Mark with an (X) the appropriate record type option as provided on the form i.e., written, visual, audio or data that is require.
9.5.3.6 The “right” to be exercised or protected by the requestor must be detailed as well as the reason for exercising or protecting this right.
9.5.3.7 The form must be dated and signed in the places provided for this purpose.
9.5.4 If the request is for a record other than a record containing personal information about the requestor, then prescribed fees are payable. Refer to par. 9.4 above. Should the requestor qualify for exemption full details must be provided.
9.5.5 If the requestor, due to a disability, is unable to read, view or listen to the record requested, details of the disability needs to be provided. The requestor further needs to supply details in what form the record needs to be supplied.
9.5.6 Once the application form is completed it must be posted to, the Information Officer at the address given on the form or, emailed/faxed/delivered to the offices of The Institution as referred to in par. 5.3 above.
9.5.7 On receipt the application, the Information Officer will make a decision based on the information provided.
9.5.8 The requestor will receive a written notification based on the decision made and advising them further.

9.6 Grounds for refusal of access of records
9.6.1 The Institution reserves its right to refuse and or grant access to records in accordance with the Act.
9.6.2 The grounds upon which The Institution could refuse access to records are:
9.6.2.1 Mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person;
9.6.2.2 Mandatory protection of the commercial information of a third party, where the requested record/s contain:
9.6.2.2.1 Trade secrets of that third party;
9.6.2.2.2 Financial, commercial, scientific or technical information, the disclosure of which would cause harm to the financial or commercial interests of that third party;
9.6.2.2.3 Information disclosed in confidence by a third party to the institution, if the disclosure of such information could put that third party at a disadvantage in negotiations or commercial competition.
9.6.2.3 Mandatory protection of confidential information of third parties, if it is protected in terms of any agreement.
9.6.2.4 Mandatory protection of the safety of individuals and the protection of property;
9.6.2.5 Mandatory protection of records which are regarded as privileged in legal proceedings;
9.6.2.6 The commercial activities of The Institution, which include:
9.6.2.6.1 Trade secrets;
9.6.2.6.2 Financial, commercial, scientific or technical information, the disclosure of which would harm the financial or commercial interests of The Institution;
9.6.2.6.3 Information which, if disclosed, could put The Institution at a disadvantage in negotiations or commercial competition;
9.6.2.6.4 Computer programs and related information technology software owned by The Institution and protected by copyright.
9.6.2.7 Research information compiled by The Institution or a third party, if its disclosure would place the research at a serious disadvantage.

9.7 Records that cannot be found or do not exist
9.7.1 The Institution will after all reasonable steps have been taken to find the record requested notify the requester as prescribed (by legislation) by affidavit or affirmation should the record not be found or does not exist.

10. DECISION ON REQUEST AND NOTICE THEREOF

10.1 The Institution will notify the requestor as soon as reasonably possible within 30 days of receipt of a correctly completed request of the decision as to whether or not to grant the request.

10.2 The 30-day period within which the Information Officer has to decide whether to grant or refuse the request, may be extended for a further period of not more than 30 days, if the request is made for a large amount of information, or the request requires a search for information held at another office and the information cannot reasonably be obtained within the original 30-day period.

11. THIRD PARTY NOTIFICATION AND INTERVENTION

If the request is for a record pertaining to third parties, the information officer must take all reasonable steps to notify the relevant third party of the request. This must be done within 21 days of receipt of the request. The third party may within 21 days thereafter either make representations to The Institution as to why the request should be refused; alternatively grant written consent to the disclosure of the record.

12. REMEDIES AND RIGHTS OF APPEAL

12.1 If the Information Officer refuses access to the requested records, any director of the Institution may be consulted and must agree before such decision becomes final. Any other decision made by the information officer is final and a requester will have to exercises such external remedies at their disposal if the request is refused and the requester is not satisfied with the answer supplied by the Information Officer.

12.2 A requestor that is dissatisfied with the information officer’s refusal to grant access to any information may, within 30 days of notification of the decision, apply to court for relief. 

12.3 Likewise, a third party dissatisfied with the information officer’s decision to grant a request may, within 30 days of notification of the decision, apply to court for relief.

13. AVAILABILITY OF THE MANUAL

Copies of this manual, prescribed forms and fees payable can be obtained from The Institution’s office and website, www.livethejourney.co.za.