PAIA Manual
This manual serves as a guide for requestors Prepared in accordance with section 51 of the Promotion of Access to Information Act 2 of 2000 (as amended)1.
Introduction
This PAIA Manual has been prepared in accordance with the requirements of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“PAIA”). This manual serves as a guide for requestors who seek access to information held by Trustodian (Pty) Ltd.
Purpose Of The Paia Manual
His PAIA Manual is useful for the public to :2.1 check the categories of records held by a body which are available without a person having to submit a formal PAIA request;2.2 have a sufficient understanding of how to make a request for access to a record of the body, by providing a description of the subjects on which the body holds records and the categories of records held on each subject;2.3 know the description of the records of the body which are available in accordance with any other legislation;2.4 access all the relevant contact details of the Information Officer and Deputy Information Officer who will assist the public with the records they intend to access;2.5 know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;2.6 know if the body will process personal information, the purpose of processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;2.7 know the description of the categories of data subjects and of the information or categories of information relating thereto;2.8 know the recipients or categories of recipients to whom the personal information may be supplied;2.9 know if the body has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and2.10 know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.3 GUIDE ON HOW TO USE THE PAIA ACTIn accordance with PAIA Act section 10(1), the Information Regulator has made available a handbook on how to utilise the PAIA Act (referred to as “the Guide”). It is intended to be easily understood by anyone wishing to exercise any right stipulated in the Protection of Personal Information Act 4 of 2013 (the POPI Act) or the PAIA ActThe Guide, which is accessible in braille and all of the official languages, includes a summary of the following, among other things:· The objectives of the PAIA and POPIA Acts; · the postal and street address, phone number, fax number, and, if available, email address of each public body’s information officer; · the manner and format of a request for access to a public or private body’s records; · the support provided by the Information Regulator under the terms of the PAIA and POPIA Acts; · the remedies available for actions taken or inactions taken with regard to rights or duties granted or imposed by the PAIA and POPIA Acts; and the fees associated with access requests for information. The Guide is available for public inspection or copying from the offices of both public and commercial entities, including the Information Regulator’s office, during regular business hours.
Paia
Forms – Information Regulator https://inforegulator.org.za/paia-forms/ The Guide can also be acquired in the following ways:· by submitting a request in writing to the Information Regulator or an Information Officer using the appropriate request form that can be downloaded from PAIA Forms – Information Regulator (inforegulator.org.za); and· The Guide can be accessed in English, Afrikaans, isiNdebele, isiXhosa, isiZulu, Siswati, Sepedi, Sesotho, Setswana, Tshivenda, and Xitsonga via the Information Regulator’s website, PAIA Guidelines – Information Regulator (inforegulator.org.za).4 KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF Trustodian (PTY) LTDTrustodian (Pty) LtdPhysical Address :Blueberry Office Park, Apple Street, Honeydew 2170, Gauteng, South AfricaPostal Address :Blueberry Office Park, Apple Street, Honeydew 2170, Gauteng, South AfricaWebsite :https://trustodian.appEmail address of Trustodian Information Officersupport (at) trustodian.app5 VOLUNTARY DISCLOSUREIt should be noted that Trustodian has not released a notice in accordance with Section 52(2) of the PAIA Act; yet, information on Trustodian and its services is readily accessible on Trustodian’s website. Periodically, further information is made accessible to the public in the form of marketing brochures, advertisements, and other communications.6 AVAILABLE RECORDS UNDER ANY OTHER LEGISLATIONInformation is available in terms of the following legislation to the persons or entities specified in such legislation:· 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· Employment Equity Act, 55 of 1998· Skills Development Levies, Act 9 of 1999· Unemployment Insurance Act, 30 of 1996· Compensation of Occupational Injuries and Diseases Act, 130 of 1993· Electronic Communications and Transactions Act, 25 of 2002· Telecommunications Act, 103 of 1996· National Credit Act, 34 of 2005· Consumer Protection Act, 68 of 2008· Currency and Exchanges Act, 9 of 1933· Protection or Personal Information Act, 4 of 20137 RECORDS HELD BY TrustodianTrustodian keeps records pertaining to the following categories and topics. Kindly take note that the inclusion of a category or topic in this Manual does not guarantee that a request for access to such records will be granted. In compliance with the PAIA Act’s rules, each request for access will be considered individually.7.1 Internal RecordsThe following are records pertaining to Trustodian which include, but are not limited to, records pertaining to the affairs of Trustodian, and which include:· Memorandum and Articles of Association;· Financial records;· Operational records;· Internal correspondence;· Product records;· Statutory records;· Internal policies and procedures;· Databases;· IT systems and documents7.2 Personnel RecordsPersonnel refers to any person who works for or provides services to or on behalf of Trustodian and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Trustodian. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following:· Any personal records provided to Trustodian by their personnel;· Any records a third party has provided to Trustodian about any of their personnel;· Conditions of employment and other personnel-related contractual and legal records;· Internal evaluation records;· Training schedules, courses and material as have been provided from time to time7.3 Customer RecordsPlease be advised that Trustodian takes seriously the security of the private information of its clients. Please carefully consider Sections 63 to 67 of the PAIA Act when making any requests for consumer information.· Products sold and/or services rendered by Trustodian, including:§ records that Trustodian have in their possession that were supplied by a third party;§ records provided by a customer to a third party whilst acting for or on behalf of Trustodian;§ records generated by or within Trustodian relating to its customers7.4 Other PartiesRecords are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, and service providers. The following records fall under this category:· Personnel, customer, or Trustodian records that are held by a third party rather than Trustodian; and· Trustodian records pertaining to other parties, such as financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records provided by third parties about the contractors/suppliers or customer.7.5 Other RecordsSupplier refers to a natural person or juristic entity that provides services or goods to Trustodian. Supplier records include the following:· records which relate to products purchased and/or services received by Trustodian;· records provided by a third party which are in possession of Trustodian;· records provided by a supplier to a third party whilst acting on behalf of Trustodian8 UNDER WHICH CIRCUMSTANCES WILL THE REQUEST FOR ACCESS TO INFORMATION BE REFUSED? Trustodian may refuse access to a record on one or more grounds of refusal as provided for in chapter 4 of the Act, which fall into the following categories:· Mandatory Protection of privacy of a third party who is a natural person;· Mandatory protection of commercial information of a third party;· Mandatory protection of certain confidential information and protection of certain other confidential information of a third party;· Mandatory protection of safety of individuals and protection of property;· Mandatory protection of records privileged from production in legal proceedings;· Mandatory protection of Trustodian’s trade secrets· Mandatory protection of certain confidential information and protection of certain other confidential information of Trustodian· Computer programs owned by Trustodian and defined as such in terms of the Copyright Act, No 98 of 1978· Mandatory protection of research information of a third party and protection of research information of a public body;· Manifestly frivolous or vexatious requests or substantial and unreasonable diversion of resources9.
How To Request Access To Records Held By
TrustodianRequests for access to records held by Trustodian must be made in writing on the prescribed Form 2 (Annexure A) of the Regulations Relating to the Promotion of Access to Information, 2021. The prescribed form can be downloaded here: https://inforegulator.org.za/paia-forms/A request fee may be payable. The schedule of fees is published by the Department of Justice and Constitutional Development and can be accessed here: PAIA Regulations 2021. All requests must be submitted to Trustodian’s Information Officer using the contact details in Section 4 of this manual. The requester must provide enough detail for the Information Officer to identify both the requested record and the requester, and specify the form of access required. Requests made on outdated forms such as Form A will not be accepted. Trustodian has updated this manual to comply with Regulation 7.1 of the Regulations Relating to the Promotion of Access to Information, 2021. The requester must include sufficient details on the request form for the Information Officer to identify the record and the requester. The requester should also specify which type of access is required, as well as whether he or she wishes to be informed in any other way and provide the necessary particulars to be so informed. The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right. If a request is made on behalf of a person, the requester must then submit proof, to the satisfaction of the Information Officer, of the capacity in which the requester is making the request. The form set out above is the only form that will be accepted. Not using this form, or not providing sufficient information, may result in your request being refused or delayed. Please note that all requests submitted to Trustodian will be evaluated and considered in accordance with the PAIA Act and the POPIA Act. The publication of this manual and the description of the categories and subject matter of information held by Trustodian does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the PAIA Act. 10 REMEDIES AVAILABLE SHOULD Trustodian REFUSE A REQUESTTrustodian does not have any internal appeal procedures. A requester or third party, who is dissatisfied with Trustodian’s decision in relation to a request for access to a record may, within 30 (thirty) days of said decision apply to the High Court, or any other Court having jurisdiction, for relief.11 HUMAN RIGHTS COMMISSION GUIDE TO PAIASection 10 of the Promotions of Access to Information Act, 2000 stipulates that the South African Human Rights Commission must complete a guide on how to use PAIA. This guide is available from the South African Human Rights Commission. Please direct any queries to:The South African Human Rights Commission : PAIA UnitTelephone: 011 877 3600Website : www.sahrc.org.zaEmail : [email protected] Research and Documentation DepartmentsPrivate Bag 2700Houghton204112 GENERALThis manual will be updated, if necessary, on an annual basis and will be available on the website www.trustodian.app Last revised date: September 2025