PAIA Manual.

This page contains a summary of our PAIA Manual. The full signed manual is available on request from our Information Officer.

1. Background to the Promotion of Access to Information Act

1.1 The Promotion of Access to Information Act, No 2 of 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 of access to any information held by the State and any information held by another person and required for the exercise or protection of any rights.

1.2 In terms of Section 52 of the Act, all private bodies are required to compile an Information Manual (‘PAIA Manual’).

1.3 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 regulatory requirements, except where the Act expressly provides that the information may or must not be released.

2. Salt and Light Creations

2.1 Salt and Light Creations is a private company established in accordance with the laws of South Africa with Enterprise Number K2018248992.

2.2 Salt and Light Creations (Pty) Ltd is also the owner and operator of the proprietary software products Crossflow (an all-in-one CRM and project platform) and Poetry by Crossflow (proposal software for agencies and freelancers). Records held in relation to these products fall within the scope of this PAIA Manual.

2.3 This PAIA Manual is available to view at our premises and on our website.

3. Contact Details of the Directors (Section 51(1)(a))

4. The Information Officer (Section 51(1)(b))

4.1 Salt and Light Creations has appointed an Information Officer to assess requests for access to information as well as to oversee its required functions in terms of the Act. The Information Officer also fulfils the function of Information Officer in terms of the Protection of Personal Information Act 4 of 2013.

4.2 All requests for information in terms of the Act must be addressed to the Information Officer.

5. Guide of the South African Human Rights Commission

The South African Human Rights Commission has compiled a Guide as required in terms of Section 10 of the Act. The Guide is available for inspection at the offices of the Human Rights Commission and on their website.

6. Records Available Only on Request (Section 51(1)(d))

The categories of information that Salt and Light Creations holds include:

6.1 Personnel Records

• Personal records provided by personnel
• Records provided by a third party relating to personnel
• Conditions of employment and other personnel-related contractual and quasi-legal records
• Internal evaluation records and other internal records
• Correspondence relating to personnel
• Training schedules and material

6.2 Customer-Related Records

• Records provided by a customer to a third party acting for or on behalf of Salt and Light Creations
• Records provided by a third party
• Records generated by or within Salt and Light Creations relating to its customers, including transactional records

6.3 Private Body Records

• Financial records
• Operational records
• Databases
• Information Technology
• Marketing records

6.4 Internal Correspondence

• Product records
• Statutory records
• Internal policies and procedures
• Records held by officials of the institution

6.5 Other Party Records

Personnel, customer or private body records which are held by another party, as well as records held by Salt and Light Creations pertaining to other parties such as contractors, suppliers, joint venture companies, and service providers.

Note that the accessibility of the records may be subject to the grounds of refusal set out in this Manual.

7. Records Available Without a Request

7.1 Records of a public nature, typically those disclosed on our website and in our various annual reports, may be accessed without the need to submit a formal application.

7.2 Other non-confidential records, such as statutory records maintained at CIPC, may also be accessed without the need to submit a formal application, however an appointment to view such records will need to be made with the Information Officer.

8. Records Available in Terms of Other Legislation

Where applicable to our operations, Salt and Light Creations retains records in terms of the following legislation (where applicable), including but not limited to: Basic Conditions of Employment Act, Broad-Based Black Economic Empowerment Act, Companies Act, Compensation of Occupational Injuries and Diseases Act, Copyright Act, Electronic Communications and Transactions Act, Employment Equity Act, Income Tax Act, Labour Relations Act, National Credit Act, Promotion of Access to Information Act, Protection of Personal Information Act, Skills Development Levies Act, Trademarks Act, Unemployment Insurance Act, and Value Added Tax Act.

9. Request Procedure

9.1 The requester must comply with all the procedural requirements contained in the Act relating to the request for access to a record.

9.2 The requester must complete the prescribed Form C (Request for Access to Record of Private Body) and submit it together with payment of any applicable request fee and deposit to the Information Officer.

9.3 The prescribed form must be filled in with sufficient information to enable the Information Officer to identify the record or records requested and the identity of the requester.

9.4 The requester should indicate which form of access is required and specify a postal address or fax number of the requester in the Republic.

9.5 The requester must state that they require the information in order to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected, and why the record is necessary to exercise or protect such right (Section 53(2)(d)).

9.6 Salt and Light Creations will process the request within 30 days, unless special circumstances apply.

9.7 The requester will be advised whether access is granted or denied in writing.

9.8 If a request is made on behalf of another person, the requester must submit proof of the capacity in which the request is made.

9.9 If an individual is unable to complete the prescribed form because of illiteracy or disability, that person may make a request orally.

10. Refusal of Access to Records

10.1 Salt and Light Creations is entitled to refuse a request for information on the following grounds:

• Mandatory protection of the privacy of a third party who is a natural person or a deceased person (Section 63) or a juristic person, as included in POPIA, where disclosure would be unreasonable;
• Mandatory protection of personal information in accordance with POPIA;
• Mandatory protection of the commercial information of a third party (Section 64);
• Mandatory protection of confidential information of third parties (Section 65) if it is protected in terms of any agreement;
• Mandatory protection of the safety of individuals and the protection of property (Section 66);
• Mandatory protection of records which would be regarded as privileged in legal proceedings (Section 67);
• Protection of the commercial activities of Salt and Light Creations as a private body (Section 68), including trade secrets and competitively sensitive information;
• Protection of research information (Section 69).

10.2 Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources, shall be refused.

10.3 All requests for information will be assessed on their own merits.

11. Remedies When Salt and Light Creations Refuses a Request

11.1 Internal Remedies: Salt and Light Creations does not have an internal appeal procedure. The decision made by the Information Officer is final.

11.2 External Remedies: A requester or third party dissatisfied with the Information Officer’s decision may, within 30 days of notification of the decision, apply to a court for relief. Courts with jurisdiction over these applications are the Constitutional Court, the High Court or another court of similar status, and a Magistrate’s Court designated by the Minister of Justice and Constitutional Development.

12. Access to Records Held by Salt and Light Creations

12.1 Personal Requester

A personal requester is a requester who is seeking access to a record containing personal information about themselves. Salt and Light Creations will voluntarily provide the requested information or give access to any record with regard to the requester’s personal information. The prescribed fee for reproduction of the information requested will be charged.

12.2 Other Requester

A requester (other than a personal requester) is entitled to request access to information on third parties. Salt and Light Creations is not obliged to voluntarily grant access to such records. The requester must fulfil the prerequisite requirements in accordance with Chapter 5, Part 3 of the Act, including the payment of a request and access fee.

13. Fees

The Act provides for two types of fees:

• A request fee, which is a form of administration fee paid by all requesters except personal requesters, before the request is considered. This fee is not refundable.
• An access fee, paid by all requesters in the event that a request for access is granted. This fee is inclusive of costs involved by the private body in obtaining and preparing a record for delivery to the requester.

13.1 Reproduction and Access Fees

Standard prescribed fees apply. Examples:

• A4 photocopy or printed page: R 1.10 (photocopy), R 0.75 (printed)
• Copy in computer-readable format (USB / CD): R 70.00
• Transcription of visual images, per A4 page: R 40.00
• Copy of visual images: R 60.00
• Transcription of audio record, per A4 page: R 20.00
• Copy of an audio record: R 30.00
• Search for a record (per hour or part of an hour): R 30.00

Request fee for access to information about a person other than the requester: R 50.00, payable up-front.

Deposits: Where preparation of the record will take more than 6 hours, a deposit equal to one third of the access fee is payable.

Where a copy of a record needs to be posted, the actual postal fee is payable. All fees are subject to change as allowed for in the Act.

14. Decision

14.1 Salt and Light Creations will, within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.

14.2 The 30-day period may be extended for a further period of not more than 30 days if the request is for a large number of records or requires a search for information held at another office.

14.3 Salt and Light Creations will notify the requester in writing should an extension be sought.

15. Availability and Updating of the PAIA Manual

This PAIA Manual is made available in terms of Regulation Number R.187 of 15 February 2002. Salt and Light Creations will update this PAIA Manual at such intervals as may be deemed necessary. The Manual is available to view at 3 Blackbeard Street, The Reeds, Pretoria, Gauteng, 0157, as well as on our website.

16. Form C: Request for Access to Record of Private Body

Prescribed Form C (in terms of Section 53(1) of the Promotion of Access to Information Act, 2000) is available on request from the Information Officer. To request the form, or for any questions regarding this Manual, please contact: