PAIA Policy

1.1. Intention

This Manual is intended to assist persons wishing to access information in terms of the Act from any member of the BBD Group, comprising:

1.2. Process

Should a requester, as contemplated in the Act, require access to any information, they must contact the BBD Information Officer at [email protected].

5.1. Guide

In terms of section 10 of the Act, the SAHRC has published a guide containing information reasonably required by a person wishing to exercise or protect any right in terms of the Act. This guide is available from the SAHRC offices, the details of which appear below, or on the SAHRC website at:

SAHRC Guide

And contains the following information:

5.1.1. the objects of the Act

5.1.2. particulars of the information officer of every public body

5.1.3. particulars of every private body are practicable

5.1.4. the manner and form of a request for access to information held by a body

5.1.5. assistance available from both the information officer and the SAHRC in terms of this Act

5.1.6. all remedies in law regarding acts, omissions, rights and duties, including how to lodge an internal appeal and a court application

5.1.7. schedules of fees to be paid in relation to requests for access to information

5.1.8. regulations made in terms of the Act.

5.2. Queries

Any queries regarding the guide should be directed to:

The South African Human Rights Commission, PAIA Unit, the Research and Documentation Department

8.1. Records that may be requested

Subject to the provisions of the Act and paragraph 8.2, each member of the BBD Group retains the following records:

8.1.1. Operational information

Such information as relates to the operational, commercial and financial interests of relevant member, including (without limitation):

• accounting records
• commercial contracts
• company secretarial information, including, documents of incorporation, memorandum of incorporation, minutes of board of director’s meetings, records relating to the appointment of directors/auditors/secretary/public officer and other officers and share register and other statutory registers
• customer database (consisting of customer personal information; commercial and financial information; information on contemplated, existing and past legal matters; information relating to agreements, proposals and intellectual and other property rights of customers)
• domain name registrations
• employment contracts
• human resource information (including internal policies and procedures; training records and manuals business employee records; and personal information relating to past, present and prospective employees and directors)
• information relating to the BBD Group’s marketing, business plans, systems and procedures
• insurance policies
• internal phone list
• internal policies and procedures
• records relating to information technology (hardware, software and data collection and storage)

8.1.2. Communications

Internal and external correspondence between each member of the BBD Group, its staff and cients, including letters, faxes, memos, emails and the like, to the extent that same are not covered by the records described in paragraph 8.1.1.

8.1.3. Website

The BBD Group’s website address is www.bbdsoftware.com and is accessible via the internet. The website contains various categories of information relating to the BBD Group, including a description of the services provided, a background to the business of the BBD Group, amongst others.

8.2. The request procedures

It should be noted that any and all records, whether specifically listed herein or not, shall only be made available subject to the provisions of the Act.

8.2.1. Form of request

Internal and external correspondence between each member of the BBD Group, its staff and customers, including letters, faxes, memos, emails and the like, to the extent that same are not covered by the records described in paragraph 4.

• A requester must use the form set out in Schedule 2 to make a request for access to a record. This form must be submitted to the Information Officer. This request may be made to any of the contact details set out in paragraph 4
• The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and specify a postal address or fax number in the Republic of South Africa. The requester should also indicate if, in addition to a written reply, any other manner is to be used to inform the requester and state the necessary particulars to be so informed
• The requester must identify the right that is sought to be exercised or protected and provide an explanation of why the requested record is required for the exercise or protection of that right
• If a request is made on behalf of another person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer

8.2.2. Fees

A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee:

• the Information Officer will by written notice require each requester (other than a personal requester) to pay the prescribed request fee (if any) before further processing any request
• the fee that the requester must pay to a private body is R50, provided that the requester may lodge an application to the court against the tender or payment of the request fee
• after the Information Officer has made a decision on the request, the requester will be notified in the required form. If the request is granted, then a further access fee must be paid for reproduction and for search and preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.