Section 51 Manual in terms of The Promotion of Access to Information Act, (Act 2 of 2000)
For MarkData (Pty) Ltd
DATE OF LAST UPDATE: 2022/01/30
DATE OF APPROVAL: 2022/07/26
DATE OF NEXT REVIEW: 2023/07/01
SECTION 51 MANUAL FOR MarkData (Pty) Ltd 96/05173/07
1. Background to the Promotion of Access to Information Act
The Promotion of Access to Information Act, No. 2of 2000 (the “Act) was enacted on 3 February 2000, giving effect to the constitutional right in terms of section 32 of the Bill of Rights contained in the Constitution of the Republic of South Africa 108 of 1996 (the “Constitution”) 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.
In terms of section 51 of the Act, all Private Bodies are required to compile an Information Manual (“PAIA Manual”).
Where a request is made in terms of the Act, the body to whom the request is made is obliged to release the information, subject to applicable legislative and / or regulatory requirements, except where the Act expressly provides that the information may be adopted when requesting information from a public or private body.
2. Aim of the PAIA Manual
To promote access to information, foster a culture of transparency and accountability.
3. Background to the Company and availability of guide
MarkData is a full spectrum marketing research company who supply research services mainly in South Africa, but also provides services in other African countries.
Guide is available from MarkData (Pty) Ltd.
The contact details are:
PO Box 13568
Telephone Number: 012 460 3858
Fax Number: 012 460 1078
4. Contact details of the head of the company and information office
Details of the company
Full name of company: MarkData (Pty) Ltd
Registration No. 96/05173/07
Postal address: PO Box 13568, Hatfield, 0028
Physical address: Office@51, 51 Gemsbok Avenue, Monument Park, 0182
Telephone: 012 460 3858
Telefax: 012 460 1078
Contact Details of the Managing Director
Name of MD: Jan Wegelin
Tel No of MD: 012 460 3858
Fax No of MD: 012 460 1078
Email address of MD: firstname.lastname@example.org
Contact Details of the Information Officer
Name of Information Officer: Jan Wegelin
Tel No: 012 460 3858
Fax No: 012 460 1078
Email address: email@example.com
5. The Information Regulator
The information regulator is, among others, empowered to monitor and enforce compliance by public and private bodies with the provisions of the Promotion of Access to Information Act, 2000 (act 2 of 2000), and the Protection of Personal Information Act, 2013 (act 4 of 2013).
Physical address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Postal address: P.O Box 31533, Braamfontein, Johannesburg, 2017
General enquiries email: firstname.lastname@example.org
Web Site: https://www.justice.gov.za/
6. The Act (Section 51(1) (b))
6.1 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.
6.2 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.
7. The Latest Notice in Terms of Section 52(2) (if any) [Section 51(1)(c)]
No notice has been published on the categories of records that are automatically available without a person having to request access in terms of Section 52(2) of PAIA.
8. Applicable legislation
|1||No 61 of 1973||Companies Act|
|2||No 98 of 1978||Copyright Act|
|3||No 55 of 1998||Employment Equity Act|
|4||No 95 of 1967||Income Tax Act|
|5||No 66 of 1995||Labour Relations Act|
|6||No 89 of 1991||Value Added Tax Act|
|8||No 75 of 1997||Basic Conditions of Employment Act|
|10||No 25 of 2002||Electronic Communications and Transactions Act|
|11||No 2 of 2000||Promotion of Access of Information Act|
|12||No 30 of 1996||Unemployment Insurance Act|
|13||No 4 of 2013||Protection of Personal Information|
9. Records available at MarkData (Pty) Ltd
|Companies Act Records||Documents of Incorporation||Request in terms of PAIA|
|Auditors||Request in terms of PAIA|
|Directors||Request in terms of PAIA|
|Shareholders||Request in terms of PAIA|
|Public Affairs||Media Releases etc.||Freely available on web site|
|Financial||Financial Records||Request in terms of PAIA|
|Income Tax Records (Company & Employees)||Request in terms of PAIA|
|Asset Register||Request in terms of PAIA|
|Marketing||Market Information||Limited Information available on web site (https://markdata.co.za/)|
|Personnel Documents & Records||Training manuals||Request in terms of PAIA|
|Training records||Request in terms of PAIA|
|Disciplinary codes||Request in terms of PAIA|
|Safety and health||Inspection reports etc.||Request in terms of PAIA|
|IT||Disaster recovery plans||Request in terms of PAIA|
10. Form of request
To facilitate the processing of your request, kindly:
10.1 Use the prescribed form, available on the website of the https://inforegulator.org.za/wp-content/uploads/2020/07/InfoRegSA-PAIA-Form02-Reg7.pdf.
10.2 Address your request to the Managing Director.
10.3 Provide sufficient details to enable the COMPANY to identify:
(a) The record(s) requested;
(b) The requester (and if an agent is lodging the request, proof of capacity);
(c) The form of access required;
(d) (i) The postal address or fax number of the requester in the Republic;
(ii) If the requester wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof;
(e) 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.
11. Prescribed fees
11.1 A requestor is required to pay the prescribed fees (R50.00) before a request will be processed;
11.2 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);
11.3 A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;
11.4 Records may be withheld until the fees have been paid.
11.5 The fee structure is available on https://www.justice.gov.za/legislation/regulations/r2002/2002_187_access%20to%20info.pdf.
12.1 Time Allowed to make a decision
Markdata (Pty) Ltd will, within 30 (thirty) days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.
Please refer to the POPIA manual as well, available at MarkData (Pty) Ltd.
PAIA forms of request as in the Regulations:
Form A – to be completed when submitting a PAIA Request to a public body (Section 18 and Section 19 2):
FORM A REQUEST FOR ACCESS TO RECORD OF PUBLIC BODY (Section 18 (1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) [Regulation 2]
Form B – to be completed when submitting an Internal Appeal (Section 74 and Section 75 3):
FORM B NOTICE OF INTERNAL APPEAL A (Section 75 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)) [Regulation 8]
Form C – to be completed when submitting a PAIA Request to a private body (Section 53):
FORM C REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY (Section 53 (1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) [Regulation 10]
Forms can be downloaded from: https://inforegulator.org.za/paia-forms/.