PAIA Policy

PAIA MANUAL

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
            Hatfield
            Pretoria
            0181
            Telephone Number: 012 460 3858
            Fax Number: 012 460 1078
            Website: https://markdata.co.za/

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
            Website: https://markdata.co.za/
            Email: solutions@markdata.co.za

            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: solutions@markdata.co.za

            Contact Details of the Information Officer
            Name of Information Officer: Jan Wegelin
            Tel No: 012 460 3858
            Fax No: 012 460 1078
            Email address: solutions@markdata.co.za

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: inforeg@justice.gov.za
            Complaints email: 
                        POPIA: Complaints.IR@justice.gov.za
                        PAIA: Complaints.IR.@justice.gov.za
            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

NoRefAct
1No 61 of 1973Companies Act
2No 98 of 1978Copyright Act
3No 55 of 1998Employment Equity Act
4No 95 of 1967Income Tax Act
5No 66 of 1995Labour Relations Act
6No 89 of 1991Value Added Tax Act
8No 75 of 1997Basic Conditions of Employment Act
10No 25 of 2002Electronic Communications and Transactions Act
11No 2 of 2000Promotion of Access of Information Act
12No 30 of 1996Unemployment Insurance Act
13No 4 of 2013Protection of Personal Information

9.         Records available at MarkData (Pty) Ltd

SubjectCategoryAvailability
Companies Act RecordsDocuments of IncorporationRequest in terms of PAIA
 AuditorsRequest in terms of PAIA
 DirectorsRequest in terms of PAIA
 ShareholdersRequest in terms of PAIA
Public AffairsMedia Releases etc.Freely available on web site
https://markdata.co.za/
FinancialFinancial RecordsRequest in terms of PAIA
 Income Tax Records (Company & Employees)Request in terms of PAIA
 Asset RegisterRequest in terms of PAIA
MarketingMarket InformationLimited Information available on web site (https://markdata.co.za/)
Personnel Documents & RecordsTraining manualsRequest in terms of PAIA
 Training recordsRequest in terms of PAIA
 Disciplinary codesRequest in terms of PAIA
Safety and healthInspection reports etc.Request in terms of PAIA
ITDisaster recovery plansRequest 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.       Decision

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/.

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