PAIA MANUAL

Trust Reg Nr: IT2902/1975

NPO Reg Nr: 030-569-NPO

Prepared in terms of the requirements of the PROMOTION OF ACCESS TO INFORMATION ACT No. 2 of 2000

 (Hereinafter referred to as the “Act”)

1.  Introduction

The Promotion of Access to Information Act gives effect to the constitutional right 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.

Specifically, section 51(1) of the Act provides that within six months after the commencement of this section (31 December 2011) or within six months after coming into existence of the private body concerned, the head of a private body must compile a manual that must contain information regarding the subjects and categories of records held by such private bodies.

In this context, a “private body” is defined as any natural person who carries or has carried on any trade, business or profession, but only in such capacity or any partnership which carries or has carried on any trade, business or profession or any former or existing juristic person (e.g. any company, close corporation or business trust).

The Thomas More Trust falls within the definition of a “private body” and this Manual has been compiled in accordance with the said provisions and to fulfil the requirements of the Act. 

In terms of the Act, where a request for information is made to a body, there is an obligation to provide the information, except where the Act expressly provides that the information may not be released. In this context, Section 9 of the Act recognises that access to information can be limited. The limitation relates to circumstances where such release would pose a threat to the protection of privacy, commercial confidentiality, and the exercising of efficient governance. 

Accordingly, this manual provides a reference to the records held by The Thomas More Trust and the process that needs to be adopted to access such records.

All requests for access to information (other than information that is available to the public) must be addressed to the Information Officer named in section 2 of this Manual.

2.     Business and Contact Details

         Name of Business:  The Thomas More Trust                    

         Information Officer:   Mr David Wiggett      

         Position:                  High School Headmaster       

         Postal Address:        P.O. box 101, Kloof, 3640      

         Physical Address:    15 Sykes Road, Kloof, 3640    

         Phone Number:       (031) 764 8640           

         Email Address:            info@thomasmore.co.za   

3.     Manual availability and Guidelines

This Manual is available at the offices of the South African Human Rights Commission.    

Please direct any queries to:   The South African Human Rights Commission:

                                            PAIA Unit,  The Research and Documentation Department

                                            Postal address: Private Bag 2700

                                            Houghton, 2041

                                             Telephone: +27 11 484-8300

                                             Fax: +27 11 484-0582

                                             Website: www.sahrc.org.za

                                             Email: paia@sahrc.org.za

Copies of the Guide are also available at the following places:

• The office of the Government Communications and Information Services;
• Library of Parliament, Cape Town;
• The South African Library, Cape Town;
• Natal Society Library, Pietermaritzburg;
• The State Library, Pretoria;
• City Library Services, Bloemfontein;
• The National Film, Video and Sound Archives, Pretoria.

 Copies of the Guide are also available in all official languages at the following offices:

• All offices of public bodies;
• All Magistrates’ Offices;
• All offices of the Department of Justice and Constitutional Development;
• All Post Offices.
• Copies may also be obtained from the Information Officer of THE THOMAS MORE TRUST in respect of hard copies. Any related costs will be for the account of the requester.

4.     Records available in terms of Section 52(2) of the Act (Voluntary Disclosures)

The Thomas More Trust has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to The Thomas More Trust and its operations is freely available on its website. Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time.

5.     Records that are held at the offices of the business

         The following is a list of records that are held at the business’s office:

            Administration

• Attendance registers
• Correspondence
• Founding Documents
• Licences (categories)
• Minutes of Management Meetings
• Minutes of Staff Meetings
•  Statutory Returns

Human Resources

• Conditions of Service
• Employee Records
• Employment Contracts
• Employment Equity Records
• General Correspondence
• Information relating to Health and Safety Regulations
• Pension and Provident Fund Records
• Remuneration Records and Policies
• Salary Surveys
• Staff Recruitment Policies
• Statutory Records

Operations

• Brochures on Trust Information
• Client and Customer Registry
• Contracts
• General Correspondence

Finances

• Annual Financial Statements
• Asset Register
• Banking Records
• Budgets
• Contracts
• Financial Transactions
• General Correspondence
• Insurance Information
• Management Accounts
• Purchase and Order Information
• Stock Records
• Tax Records (Trust and employee)

Information Technology

• IT Policies and Procedures
• Network Diagrams

 Statutory Records

At present these include records (if any) held in terms of:

• The South African Schools Act of 1996
• Basic Conditions of Employment 75 of 1997
• Companies Act 71 of 2008
• Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
• Competition Act 89 of 1998
• Debtors Collectors Act of 1998
• Employment Equity Act 55 of 1998
• Electronic Communications and Transactions Act 25 of 2002
• Income Tax Act 95 of 1967
• Labour Relations Act 66 of 1995
• Occupational Health and Safety Act 85 of 1993
• Pensions Fund Act 24 of 1956
• Promotion of Access to Information Act 2 of 2000
• Regional Services Council Act 109 of 1985
• Skills Development Act 97 of 1998
• Unemployment Contributions Act 4 of 2002

6.     Information Request Procedure

• The requester must use the prescribed form to make the request for access to a record. A request form is available from our offices.
• The request must be made to the Information Officer named in Section 2 above. This request must be made to the address, fax number or electronic mail address of the business.
• The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner should be used to inform the requester. If this is the case, please furnish the necessary particulars to be so informed.
• The requester must identify the right that is sought to be exercised or to be protected and must 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 another person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of Information Officer aforesaid.
• The prescribed request fee must be attached.

 We will respond to your request within 30 days of receiving the request by indicating whether your request for access has been granted or denied.

 Please note that the successful completion and submission of a request for access form does not automatically allow the requester access to the requested record.

 Access will be granted to a record only if the following criteria are fulfilled:

• The record is required for the exercise or protection of any right; and
• The requester complies with the procedural requirements set out in the Act relating to a request; and
• Access to the record is not refused in terms of any ground for refusal as completed in Chapter 4 of Part 3 of the Act.

7.     Denial of access

         Access to any record may be refused under certain limited circumstances. These include: 

• The protection of personal information from unreasonable disclosure concerning any natural person;
• The protection of commercial information held concerning any third party (for example trade secrets);
• The protection of financial, commercial, scientific or technical information that may harm the commercial or financial interests of any third party;
• Disclosures that would result in a breach of a duty of confidence owed to a third party;
• Disclosures that would jeopardize the safety or life of an individual;
• Disclosures that would prejudice or impair the security of property or means of transport;
• Disclosures that would prejudice or impair the protection of a person in accordance with a witness protection scheme;
• Disclosures that would prejudice or impair the protection of the safety of the public;
• Disclosures that are privileged from production in legal proceedings unless the privilege has been waived;
• Disclosures of details of any computer programme;
• Disclosures that will put The Thomas More Trust at a disadvantage in contractual or other negotiations or prejudice it in commercial competition;
• Disclosures of any record containing any trade secrets, financial, commercial, scientific, or technical information that would harm the commercial or financial interests of The Thomas More Trust.
• Disclosures of any record containing information about research and development being carried out or about to be carried out by The Thomas More Trust.

If access to a record or any other relevant information is denied, our response will include:

• Adequate reasons for the refusal; and
• Notice that you may lodge an application with the court against the refusal and the procedure including details of the period for lodging the application.

8.     Fees

 The applicable fees are prescribed in terms of the Regulations promulgated under the Act.

         There are two basic types of fees payable in terms of the Act:

• Request Fee

The non-refundable request fee of R50.00 (excluding VAT) is payable on submission of any request for access to any record. This does not apply if the request is for personal records of the requester. No fee is payable in such circumstances.

• Access Fee

The access fee is payable prior to being permitted access to the records in the required form. The applicable fees are prescribed as identified in Government Notice Number 187, Regulation 11, Part III of Annexure A.

 TMC PAIA Manual June 2021