PAIA MANUAL

THE PROMOTION OF ACCESS TO INFORMATION Act (“Act”)

SECTION 51 MANUAL FOR

La Leche League South Africa Association

Non-profit Organisation

INTRODUCTION

La Leche League South Africa is a non-profit organisation staffed by volunteers who provide information and support to women who want to breastfeed their babies.

The purpose of this Manual is to assist people wishing to access information in terms of the PAIA from La Leche League South Africa.

 

CONTACT DETAILS: INFORMATION REQUIRED UNDER SECTION 51(1) (a) OF THE ACT

 

  • Contact Person: Florence Van Antwerpen

  • Non-profit Organisation Number: 001-310NPO

  • Postal Address : 425 Val de Vie Estate, Kliprug Minor Road Paarl, 7646

  • Street Address: 425 Val de Vie Estate, Kliprug Minor Road Paarl, 7646

  • Telephone: 083 564 4029

  • Designated Information Officer: Sally Raine

  • Email address of Information Officer: sally@lllsa.org

  • Website: https://www.lllsa.org/

 

DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10: SECTION 51(1)(b)

  • 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. 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 paragraphs 6 and 7 of the Act.

  • Requesters are referred to the Guide in terms of Section 10 which has been compiled by the South African Human Rights Commission, which will contain information for the purposes of exercising Constitutional Rights. The Guide is available from the SAHRC. The contact details of the Commission are:

  • Street Address:  27 Siemens Street, Braamfontein.

  • Telephone Number: +27-82-059-6250

  • Email: GautengComplaints@sahrc.org.za

  • Website:  www.sahrc.org.za

 

RECORDS AVAILABLE IN TERMS OF APPLICABLE LEGISLATION: SECTION 51(1)(d)

Records available in terms of other legislation are as follows:

  • Labour Relations Act 66 of 1995

  • Employment Equity Act 55 of 1998

  • Basic Conditions of Employment Act 75 of 1997

  • Compensation for Occupational Injuries and Disease Act 130 of 1993

  • Companies Act 71 OF 2008

  • Consumer Protection Act 68 of 2008

  • Income Tax Act 58 of 1962

  • Insolvency  Act No. 24 of 1936 (sections 134 and 155)

  • Electronic Communications and Transactions Act 25 of 2002

  • Protection of Personal Information Act 4 of 2013

  • Arbitration Act 42 of 1965

  • Copyright Act 61 of 1978

  • Intellectual Property Laws Amendments Act 38 of 1997

  • Interception and Monitoring Prohibition Act 127 of 1992

  • Non-Profit Organisations Act 71 of 1997 (as amended) ("NPO Act")

  • Occupational Health and Safety Act 85 of 1993

  • Prevention of Organised Crime Act 121 of 1998

  • Protection of Businesses Act 99 of 1978

  • Regional Services Councils Act 109 of 1985

  • SA Schools Act 84 of 1996

  • Skills Development Act 97 of 1998

  • Skills Development Levies Act 9 of 1999

  • The Fund-Raising Act 107 of 1978

  • Trade Marks Act 194 of 1993

  • Unemployment Insurance Contributions Act 4 of 2002

  • Value Added Tax Act 89 0f 1991

 

SUBJECTS AND CATEGORIES OF RECORDS HELD BY THE PRIVATE BODY: SECTION 51(1)(e)

 

  • The webpage of the organisation is: https://www.lllsa.org accessible to anyone with access to the internet has information covering the following:

    • About the organisation

    • About its services

    • Contact details

  • Note that access to the following documents and information listed in the items below may be refused in accordance with provisions of the Act:

 

  • ORGANISATION RECORDS  

    • Public Benefit Organisation Certificate

    • Minutes of meetings

    • Records relating to the appointment of national council auditor / secretary / public officer / other officers and volunteers

    • Statutory records and registers

 

  • FINANCIAL RECORDS

    • Annual Financial Statements Accounting Records

    • Banking Records

    • Bank Statements

    • Electronic banking records Asset Register

    • Rental Agreements

    • Invoices

 

  • INCOME TAX RECORDS

    • PAYE Records

    • Documents issued to employees for income tax purposes

    • Records of payments made to SARS on behalf of employees

    • All other statutory compliances:

    • VAT

    • Skills Development Levies 

    • UIF

    • Workmen’s Compensation

 

  • PERSONNEL DOCUMENTS AND RECORDS

    • Minutes or notes from meetings

    • Medical records

    • Consultation notes

    • Attendance records

    • Volunteer records

    • Employment records

    • Employment Equity Plan

    • Medical Aid records

    • Pension Fund records

    • Disciplinary records

    • Salary records

    • Disciplinary code

    • Leave records

    • Training records

    • Training Manuals

 

In addition to the documents listed above, any request which is made in terms of the Protection of Personal Information Act 4 of 2013, may or must, as the case may be, be refused in accordance with section 23(4)(a) thereof, if the grounds for refusal for access to records set out in the applicable sections of Chapter 4 of Part 3 of the Act apply.

FORM OF REQUEST (Section 51 (1) (e))

To facilitate the processing of your request, kindly:

  • Use the prescribed form, available on the website of the South African Human  Rights Commission at www.sahrc.org.za.

  • Address your request to La Leche League South Africa to Sally@lllsa.org

  • Provide sufficient details to enable the us to identify:

    • The record(s) requested;

    • The requester (and if an agent is lodging the request, proof of capacity);

    • The form of access required;

    • The postal address or fax number of the requester in the Republic;

    • If the requester wishes to be informed of the decision in any manner (in addition to written), the manner and particulars thereof;

    • 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 the right.

  • Please attach the Fee schedule to the manual downloadable from the SAHRC website and the prescribed form C which is also available from the SAHRC website.

 

PRESCRIBED FEES (Section 51(1))

The following applies to requests (other than personal requests):

  • A requestor is required to pay the prescribed fees (R50.00) before a request will be processed;

  • If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);

  • A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;

  • Records may be withheld until the fees have been paid;

  • The fee structure is available on the website of the South African Human Rights  Commission at www.sahrc.org.za.;

  • A requestor is not required to pay any fee for a request which is made in terms of section 23(1)(a) of the Protection of Personal Information Act 4 of 2013,

  • A requestor is required to pay the prescribed fees (R50.00), for a request which is made in terms of section 23(1)(b) of the Protection of Personal Information Act 4 of 2013, before the request will be processed.

  • If in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, to state that manner and the necessary particulars to be informed in the other manner, if the request is made on behalf of another person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the head of the private body.

 

REQUEST FOR PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION Act 4 OF 2013

  • A requestor, having provided adequate proof of identity to the head of the private body, has the right in terms of section 23 of the Protection of Personal Information Act 4 of 2013, to request confirmation as to whether the private body holds any personal information about the requestor, and;

  • A requestor has the right to request from the private body the record, or a description of the personal information, about the requestor held by the private body, including information about the identity of all third parties, or categories of third parties, who have, or have had, access to the personal information of the requestor.

  • A requestor has the right to request that any personal information held by the private body and disclosed pursuant to a request in terms of section 23(1) of the Protection of Personal Information Act 4 of 2013, be corrected in accordance with section 24 of thereof.

  • In terms of section 24 of the Protection of Personal Information Act 4 of 2013, a requestor may, in the prescribed manner, request a private body to;

  • correct or delete personal information about the requestor which is in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained, or;

  • destroy or delete a record of personal information about the requestor that the private body is no longer authorised to retain in terms of section 14 of the Protection of Personal Information Act 4 of 2013.

  • The provisions of section 53 of the Act apply to any requests made in terms of section 23 of the Protection of Personal Information Act 4 of 2013.