Access to Information Manual

PBSA (Pty) Limited

Published in terms of section 51 of the Promotion of Access to Information Act, 2 of 2000

1.1 The promotion of Access to Information Act

The Promotion of Access to Information Act, 2 of 2002 (PAIA), was legislated to give effect to the constitutional right of access to information held by the state and information that is held by another person. The Act facilitates access to information that is required to exercise or protect a right.

pbsa SA (Pty) Limited, as a private body defined in the Act, is bound to give effect to the purposes of this legislation and to process a request made in terms of the Act.

This information manual (Manual) provides an outline of the types of records held by pbsa and explains how a request for access to the records should be made.

1.2 The South African Human Rights Commission

The South African Human Rights Commission (SAHRC) is the national institution established to entrench constitutional democracy and appointed to administer the Act. Should you require further information please see: http://www.sahrc.org.za.

1.3 About PBSA

PBSA SA (Pty) Limited (pbsa) is a privately held company incorporated in and subject to the laws of South Africa. pbsa provides software, hardware and services that integrate physical and digital communications channels.

Company Details
Name of Private Body	pbsa SA (Pty) Limited
Company Registration Number	1998/008782/07
VAT Registration Number	4080190525
Directors	Leon van der Merwe, Michael Springer (MD)
Physical Address	Unit 9, Kyalami Crescent, 78 Kyalami Boulevard Kyalami Business Park Kyalami 1684
Postal Address	P O Box 13024 Kyalami 1684
Phone Number	+27 (0)11 516 9400
Facsimile Number	+27 (0)11 466 2678

The pbsa Access to Information Manual is available on the company website https://pbsa.co.za and by requesting a copy from the pbsa’ Access to Information Officer. Contact details are provided above.

The Manual may also be inspected at our head office and at the SAHRC.

Requests for records held by pbsa must be made on the request form in Appendix A below.

Please note that requests for access to information require payment of the prescribed fees set out in Appendix B below.

The Manual will be updated from time to time, as required.

PBSA creates and maintains records in the categories set out below. Not all of these records will be available on request. Each request will be individually assessed on a case-by-case basis in accordance with the provisions of the Act.

4.1 Internal Records

- Financial records;
- Operational records;
- Marketing records;
- Intellectual property records;
- Internal correspondence;
- Product records;
- Statutory records;
- Internal policies and procedures; and
- Records held by officials of PBSA.

4.2 Human Resource Records

Human resource records are those relating to employees and other persons that are remunerated by pbsa. This category includes staff and management, both permanent and temporary, as well as consultants and contractors:

- Personal records provided to pbsa by the categories of persons mentioned above;
- Personal records provided to pbsa by third parties;
- Employment and contractor records;
- Correspondence;
- Conditions of employment and other personnel-related contractual and quasi-legal records;
- Internal evaluation records; and
- Other internal records.

4.3 Customer Records

These include any records a customer has submitted to pbsa or a third party acting for or on behalf of pbsa.

- Credit records or other research conducted by pbsa;
- Personal and customer information collected through websites;
- Information on customer activities and preferences;
- Records a third party has submitted to pbsa either directly or indirectly; and
- Records generated by or within pbsa pertaining to customers. This may include, but not be limited to transactional records.

4.4 Other Parties and or Records

Records are kept in respect of other parties, including commercial banks, auditors, suppliers, joint venture companies and the like. In addition, such other parties may possess records, which can be said to belong to pbsa. The following records fall under this category:

- Personnel, customer, or pbsa’ records which are held by another party as opposed to being held by pbsa; and
- Records held by pbsa pertaining to other parties. This may include, but not be limited to, financial records, correspondence and contractual records.

Prior to submitting a request for access to information, please consider the steps outlined below.

5.1 Does the Promotion of Access to Information Act Apply

Before you can request access to information, it must be established that PAIA applies.

Section 7 (1) of the Act states that PAIA does not apply to a record if the record is requested for the purpose of criminal or civil proceedings, requested after the commencement of such proceedings and the production of access to a record for such purposes is provided for in any other law.

If this is the case, you may need to use the rules of court and procedures for legal discovery of information in the relevant forum and proceedings you are involved in.

5.2 Does the Information Requested Exist as a Record?

The Act only applies to records that exist at the time a request for access to the record is made. The Act does not require anyone to create a record following a request. Nor can the Act be used to request reasons for decisions taken by pbsa.

5.3 Is the record in the possession or under the control of PBSA?

The Act takes into consideration the fact that records requested may no longer be in the possession of or under the control of pbsa and that they are therefore not available following a request.

If this is the case, you may need to seek access to a record from a third party that either possesses or controls it. It is also possible that the record has ceased to exist or never existed in the first place.

5.4 Is the PAIA process necessary?

Prior to making the request for access to information through the PAIA process, consider merely asking for the information.

This would require identifying the appropriate person within pbsa, who may not be the designated Access to Information Officer and simply asking for information prior to resorting to legal process.

The Act provides for two types of fees. These are:

- A standard request fee; and
- An access fee, which must be calculated in relation to the search, preparation, reproduction, time and postal service costs involved

7.1 On Making the Request

The Act provides for two types of fees. These are:

The person making the request for access to information must pay the prescribed fee of R50.00 (Fifty South African Rand) before submitting a request and provide proof of payment. The proof of payment must accompany the request form for access to information.

If the search, preparation and arrangements needed to make the record available require more time than prescribed in the regulations for this purpose the Access to Information Officer will request a further payment and may withhold a record until such amount is paid.

Where access to a record has been granted the person making the request must pay an access fee for the reproduction and for the search and preparation of the record as well as for any time reasonably required in excess of the prescribed hours set out for these purposes.

A refund may be requested for deposits if access to information is denied.

7.2 Consideration of the Request

Subject to the provisions of the Act in respect of the extension of time period the request for information will be processed in thirty (30) days and you will be informed in writing whether access has been granted or denied.

The grounds for pbsa to refuse a request for information are related to the following:

- The Act provides for the mandatory protection of the privacy of a third party natural person where disclosure would be unreasonable;

- The Act provides for the mandatory protection of the commercial information of third parties where disclosure, if the record contains trade secrets, financial, commercial, scientific or technical information and the like, would be likely to cause harm to the third party or where information disclosed in confidence by a third party could result in disadvantage to third party negotiations and commercial competition.

- The Act provides for the mandatory protection, if protected in terms of an agreement, of confidential information of third parties.

- The Act provides for the mandatory protection of the safety of individuals and property.

- The Act provides for the mandatory protection of records, which would be regarded as privileged in legal proceedings.

- pbsa commercial activities, where the disclosure of such activities’ records include, but are not limited to, trade secrets, financial, commercial and technical information, are likely to cause harm to pbsa in its commercial negotiations or in the commercial marketplace.

7.3 Remedies

pbsa does not have an internal appeal process. The decision made by the Access to Information Officer is final. If your request is denied you are entitled to apply to a competent court for relief.

Appendix A - Request Form for Access to Information of a Private Body

This annexure must accompany the cover letter addressed to the Access to Information Officer.

A. For the attention of:

pbsa Access to Information Officer
Name	Leon van der Merwe
Phone Number	+27 (0) 11 516 9400
Facsimile Number	+27 (0)11 466 2678
Email Address	leon@pitneybowes.co.za

B. Particulars of the person requesting access to the record:

Person Requesting Information
First name(s)
Family name
Identity number
Proof of capacity in which the request is made (if applicable), and / or whether the request is made on behalf of another person.
Postal address
Physical address
Email address
Phone number
Facsimile number

C. Particulars of person on whose behalf the request is made:

This section must only be completed if the request for information is made on behalf of another.

Request on behalf of another
First name(s)
Family name
Identity number

D. Particulars of the records requested:

The Record(s)

Please provide details of the record(s) to which access is requested, including any reference numbers, dates, persons involved, which will assist in locating the record.

If more space is needed than this form provides, please attach a separate page(s) and sign all additional pages.

E. Fees and exemptions

A request for access to records other than a record containing personal information about you will only be processed after the request fee has been paid. You will be notified of the amount required. The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare the record for transmission to you.

If you seek an exemption from payment of prescribed fees please provide reasons below.

Reason(s) for exemptions
Reason 1
Reason 2

F. Form of the access to the record

If you suffer from a disability and / or require the record in any particular form, please provide details below and we will do our best to accommodate you.

Form of the record
Disability
Form in which the record is required
Copy of the record
Inspection of the record
The viewing of images
Copy of images
Transcription of images or sound
Conversion of written word to sound
Recorded soundtrack
Printed copy of information derived from record
Computer readable form, such as stiffy disc or compact disc
Other
Note: We have retained terminology from the Act which refers to stiffy discs and other outdated media. Please note that in all instances, this will be regarded as equivalent to versions of electronic information in any format as per the definition of ‘data’ in the Electronic Communications and Transactions Act, 25 of 2002.

G. Particulars of the right to be exercised or protected

Right(s)

Please describe the right(s) you seek to exercise or protect.

If the space is insufficient please provide an extra page(s) as described above and sign it.

Please describe why or how the record that is sought will be helpful in the exercise or protection of these right(s).

H. Notice of PBSA decision

You will be notified in writing as to whether your request for access to information has been approved or denied. Please confirm how you would like to receive this notification.

Notification of decision in writing
By post to postal address
By post to physical address
By email
By facsimile

Signed at ______________________ this _____, day of ______________________ 201_

Signature of person requesting information

_________________________________________________

Signature of the person on whose behalf the request is made

_________________________________________________

Internal PBSA use only
Reference number
Access to Information Officer
Request fee
Deposit fee (if applicable)
Access the (if any)
Signature of Access to Information Officer

Appendix B – Fees in Respect of Private Bodies

Item	Reference	Record Description	Fee in ZAR
1.	Regulation 9(2)(c)	Copy of the Manual - for every photocopy of an A4-size page or part thereof	1.10
2.	Regulation 11(1)	Reproduction
2(a)		For every photocopy of an A4-size page or part thereof	1.10
2(b)		For every printed copy of an A4 size page or part thereof held on a computer or in electronic or machine-readable form	0.75
2(c)		For a copy of a computer readable form on:
		(i) stiffy disc	7.50
		(ii) compact disc	75.00
2(d)		(i) for a transcript of visual images, for an A4 size page or part thereof	40.00
		(ii) for a copy of visual images	60.00
(e)		(i) for a transcription of an audio record, for an A4 size page or part thereof	20.00
		(ii) for a copy of an audio record	30.00
3.	Regulation 11(2)	The request fee payable by a person requesting information other than the person himself or herself	50.00
4.	Regulation 11(3)	The access fee payable by a person requesting information
4(1)(a)		For every photocopy of an A4 size page or part thereof	1.10
4(1)(b)		For every printed copy of an A4 size page or part thereof held on a computer or in electronic or machine-readable form	0.75
4(1)(c)		For a copy in a computer readable form on: (i) stiffy disc	7.50
		(ii) compact disc	70.00
4(1)(d)		(i) for a transcription of visual images for an A4 size page or part thereof	40.00
		(ii) for a copy of visual images	60.00
4(1)(e)		(i) For a transcription of an audio record for an A4 size page or part thereof	20.00
		(ii) for a copy of an audio record	30.00
4(1)(f)		To search for and prepare the records for disclosure	R30.00 per hour or part thereof (first hour excluded)
4.2	Section 54 (2) of the Act
4.2(a)		Six hours as the hours to be exceeded before a deposit is payable; and
4.2(b)		One third of the access fee is payable as a deposit by the person requesting information
4.3		Actual postage is payable when a record must be posted to a person requesting information