PAIA Manual

This manual was prepared in accordance with section 51 of the Promotion of Access to Information Act, 2000 (“PAIA”) and to address requirements of the Protection of Personal Information Act, 2013 (“POPIA”).

  1. INTRODUCTION

    1.1 PAIA gives third parties (“Requesters”) the right to approach private bodies and the government to request information held by them, which is required in the exercise and/or protection of any rights. On request, the private body is obliged to release such information unless PAIA expressly states that the records containing such information may or must not be released.
    1.2 This manual informs Requesters of the procedural and other requirements which a request must meet as prescribed by the PAIA.
    1.3 Should Requesters require assistance, they are requested to contact Xvanta (Pty) Ltd’s Information Officer (details below) in respect of the use of this manual or requesting documents or information from Xvanta (Pty) Ltd and/or Craftivating.com
    1.4 The manual may be amended from time to time and the latest version will be made available online.
  2. NATURE OF THE BUSINESS

    Xvanta (Pty) Ltd t/a Craftivating is a private company carrying on business as an online retailer.

  3. COMPANY CONTACT INFOMATION

    Name of Private Body: Xvanta (Pty) Ltd
    Designated Information Officer: Rulene Zenobia Germeshuysen
    Email address of Information Officer: paia@xvanta.com
    Postal Address: 88 Agnew Road, Shop 4, Carletonville, Gauteng, 2500
    Street Address: 88 Agnew Road, Shop 4, Carletonville, Gauteng, 2500
    Phone Number: 087 265 8652
    Website: www.xvanta.com and/or www.craftivating.com
  4. SECTION 10 GUIDE ON HOW TO USE PAIA

    4.1 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.
    4.2 Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the rates provided.
    4.3 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.
    4.4 Any enquiries regarding this guide and its contents should be directed to:

    The South African Human Rights Commission:
    PAIA Unit
    The Research and Documentation Department
    Postal Address: Private Bag 2700, Houghton, 2041
    Phone: 011 484 8300
    Fax: 011 484 0582
    Website: www.sahrc.org.za
    Email: paia@sahrc.org.za

    The Information Regulator (South Africa):
    Postal Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001.
    Phone: 010 023 5200
    Website: www.inforegulator.org.za
    Email: enquiries@inforegulator.org.za

  5. SECTION 52 NOTICE: VOLUNTARY DISCLOSURE AND AUTOMATIC AVAILABILITY OF CERTAIN RECORDS

    The following information is automatically available, and does not have to be requested in terms of this Manual:

    5.1 All information on and anything downloadable off the website, banking details, product brochure, services brochure, terms and conditions, privacy policy, returns policy, prices and services offered.
  6. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION SECTION 51 (1)(D)

    Information is available in terms of the following legislation, if and where applicable.

    • Companies Act, 71 of 2008
    • Income Tax Act, 58 of 1962
    • Value Added Tax, Act 89 of 1991
    • Labour Relations Act, 66 of 1995
    • Basic Conditions of Employment Act, 75 of 1997
    • Unemployment Contributions Act No. 4 of 2002
    • Unemployment Insurance Act No. 63 of 2001
    • Electronic Communications and Transactions Act 25 of 2002
    • Consumer Protection Act No. 68 of 2008
    • Promotion of Access to Information Act No. 2 of 2000 (“PAIA Act”)
    • Protection of Personal Information Act 4 of 2013 (“POPI Act”)
  7. ACCESS TO THE DOCUMENTS AS SET OUT BELOW MAY BE SUBJECT TO THE GROUNDS OF REFUSAL, WHICH GROUNDS OF REFUSAL ARE SET OUT IN CLAUSE 8 BELOW

    7.1 Customer Records

    “Customer” in the Manual refers to a natural person or juristic entity that buy products or receives services from the Organisation. Customer records include the following:

    7.1.1 Any such records which may pertain to products sold and/or services rendered by the Organisation including:

    7.1.1.1 Records provided by a third party and which are in the possession of the Organisation.
    7.1.1.2 Records provided by a customer to a third party whilst acting for or on behalf of the Organisation.
    7.1.1.3 Records generated by or within the Organisation relating to its customers.
    7.2 Supplier Records

    “Supplier” in the Manual refers to a natural person or juristic entity that provides services or goods to the Organisation. Supplier records include the following:

    7.2.1 Any such records which may pertain to products bought and/or services received by the Organisation including:

    7.2.1.1 Records provided by a third party and which are in the possession of the Organisation.
    7.2.1.2 Records provided by a supplier to a third party whilst acting for or on behalf of the Organisation.
    7.2.1.3 Records generated by or within the Organisation relating to its suppliers.
    7.3 Personnel Records

    “Personnel” in the Manual refers to any person who works for or provides any service to or on behalf of the Organisation and who receives or is entitled to receive remuneration therefrom. Personnel further refers to any other such person who assists in carrying out or conducting the business of the Organisation, and which includes but is not limited to directors, whether executive or non-executive, all permanent, temporary and part-time staff as well as contract workers. Personnel records include inter alia the following:

    7.3.1 Personal records which are provided by the personnel themselves and/or by any other third party.
    7.3.2 Internal evaluation records as well as other internal record.
    7.3.3 Conditions of the Personnel’s employment and other personnel-related contractual and legal records.
    7.3.4 Correspondence relating to personnel.
    7.3.5 Training schedules, courses and material as have been provided from time to time.
    7.4 Private Body Records

    “Private Body” in this Manual refers to the Organisation, and these are records which include, but are not limited to, records pertaining to the affairs of the Organisation, and which include:

    7.4.1 Operational records.
    7.4.2 Databases.
    7.4.3 Financial records.
    7.4.4 Information technology systems and documents.
    7.4.5 Internal correspondence.
    7.4.6 Marketing records.
    7.4.7 Product and/or service records.
    7.4.8 Statutory records.
    7.4.9 Documentation pertaining to the processing operations as required by section 17 of the Protection of Personal Information Act 4 for 2013.
    7.4.10 internal policies and procedures.
    7.5 Records held by third parties as well as those which pertain to third parties

    7.5.1 Records held by third parties as well as those which pertain to third parties.
    7.5.2 Records held by the Organisation pertaining to other parties, including without limitation, correspondence, financial records, product and service records, contract records, and records which relate to the Organisation’s suppliers, contractors and/or service providers.
  8. GROUNDS FOR THE REFUSAL OF ACCESS TO RECORDS

    The Organisation may refuse a request for information on, inter alia, the basis of any of the following, as provided for in terms of Chapter 4 of the Act:

    8.1 The mandatory protection of the privacy of a third party who is a natural person, to avoid the unreasonable disclosure of personal information which concerns such natural person, irrespective of whether such person is alive or deceased at the time of such request.
    8.2 The mandatory protection of the commercial information of a third party, if the record contains:

    8.2.1 Trade secrets pertaining to a third party.
    8.2.2 Financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of which would or could be likely to cause harm to the commercial or financial interests of that third party.
    8.2.3 Information supplied in confidence by a third party, the disclosure of which could reasonably be expected to put that third party at a disadvantage in contractual or other negotiations, or to prejudice that third party in commercial competition.
    8.3 The mandatory protection of confidential information of third parties if disclosure would constitute an action for breach of a duty of confidence owed to that third party in terms of an agreement.
    8.4 The mandatory protection of the safety of individuals, and the protection of property.
    8.5 The mandatory protection of records which would be privileged from discloser in legal proceedings.
    8.6 The protection of the Organisation’s commercial activities which shall include but not limited to records which contain:

    8.6.1 The Organisation’s trade secrets.
    8.6.2 Financial, commercial, customer, scientific or technical information, which, if disclosed could or would be likely to cause harm to the Organisation’s commercial or financial interests.
    8.6.3 Information, the disclosure of which could reasonably be expected:

    8.6.3.1 To put the Organisation at a disadvantage in contractual or other negotiations.
    8.6.3.2 To prejudice the Organisation in commercial competition.
    8.6.4 Computer programs owned by the Organisation and defined as such in terms of the Copyright Act, No 98 of 1978.
    8.7 The mandatory protection of research information of the Organisation or a third party, if disclosure would expose the identity of the Organisation or the third party, the researcher or the subject matter of the research to serious disadvantage.
    8.8 Requests for information that are, in the Organisation’s reasonable opinion, manifestly frivolous or vexatious or which involve a substantial and unreasonable diversion of resources.
  9. REQUEST PROCEDURE

    9.1 The formal request forms are accessible on the website of the Department of Justice and Constitutional Development (www.justice.gov.za) – Form C (J752).
    9.2 A requester requiring access to information held by the Organisation is to make such a request in the prescribed form and submit the request, together with the prescribed fee and deposit, if applicable, to the Organisation’s PAIA Head at the post, physical or email address as set out in clause 3 above.
    9.3 The prescribed form is attached or available on request from the PAIA Head, and which must be completed with enough particularity to enable the Organisation to identify:

    9.3.1 The record/s requested.
    9.3.2 The identity of the requester.
    9.3.3 The form of access required, if the request is granted.
    9.3.4 The physical, postal address, fax number and email address of the requester.
    9.4 The requester must:

    9.4.1 State that the record is required in order to exercise or protect a right.
    9.4.2 Provide details of the nature of the right to be exercised or protected.
    9.5 Subject to the Organisation’s rights which pertain any extension as set out in the Act relating to extensions in terms of the Act, it will process the request within 30 (thirty) days of receipt of a request unless the requester has submitted special reasons to the Organisation, which the Organisation’s reasonable satisfaction, support that the above time periods be dispensed with.
    9.6 The Organisation will give the requestor written notice of its decision as to whether the request is granted, which written notice shall include the reasons for denying such request, should such request be declined.
    9.7 The said 30 (thirty) day period may be extended for a further period not exceeding 30 (thirty) days if the request is for a large number of records, or the request requires a search for information which cannot reasonably be obtained within the original 30 (thirty) day period. The PAIA Head will notify the requester in writing should an extension be sought.
    9.8 If a request is made on behalf of another person, such requester must submit, to the reasonable satisfaction of the Organisation, proof of the capacity in which the requester is making the request.
    9.9 If an individual is unable to submit a request in the prescribed form on account of illiteracy or disability, such a person is entitled to make the request orally.
    9.10 The requester is required to pay the prescribed fee, and deposit where applicable, before the request will be considered.
  10. ACCESS TO RECORDS

    10.1 In terms of the Act, a requestor will only be given access to a record held by the Organisation if:

    10.1.1 The record is required for the exercise or protection of a right.
    10.1.2 The requestor has complied with all procedural requirements, set out herein and in terms of the Act, relating to a request for access to a particular record including making the request in the prescribed format.
    10.1.3 Access to that record is not refused on a ground for refusal as provided for in terms of the Act.
  11. REMEDIES AVAILABLE SHOULD THE ORGANISATION REFUSE A REQUEST

    11.1 Internal Remedies

    The Organisation does not have any internal appeal procedures.

    11.2 External Remedies

    A requester or a third party, who is dissatisfied with the decision of the Organisation in relation to a request for access to a record may, within 30 (thirty) days of such decision apply to the High Court, or any other Court having jurisdiction, for relief.

  12. FEES

    12.1 The prescribed fees can be obtained on the Department of Justice and Constitutional Development (www.justice.gov.za) and SAHRC websites (www.sahrc.org.za).
    12.2 The prescribed request fee payable by a requester referred to in section 54(1) of the Act, is R50.
    12.3 When a request is received by the Organisation it will require the requester, on notice, other than a personal request made in respect of a person’s own personal records, to pay the prescribed request fee (if any), before further processing the request.
    12.4 If the search for the record has been made and the preparation of the record for disclosure would require more time than that prescribed for this purpose, the PAIA Head will notify the requester to pay, as a deposit, the prescribed portion of the access fee which would then be payable if the request is granted.
    12.5 The Organisation will withhold a record until the requester has paid the prescribed fees together with the deposit, where applicable.
    12.6 A requester whose request for access to a record has been granted, must pay an access fee for reproduction as well as for the search and preparation thereof, and for the time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure.
    12.7 If a deposit has been paid in respect of a request which is refused, then the Organisation shall repay the deposit to the requester.