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Promotion of Access to Information Act, section 51

PAIA Manual

This is the manual of SwanCorp Waterproofing & Maintenance (Pty) Ltd, prepared in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (PAIA), as amended by the Protection of Personal Information Act 4 of 2013 (POPIA). It tells you what records we hold, which of them you can have without a formal request, and how to request access to the rest.

Last updated
Version
1.0 (draft)

Download this manual as a PDF — the PDF is generated from this page, so both carry the same text and the same version.

1. Purpose and availability of this manual

PAIA gives effect to the constitutional right of access to information. Section 32(1)(b) of the Constitution gives everyone the right of access to information held by another person where that information is required for the exercise or protection of any right. PAIA sets out how to ask for it and when it may be refused.

Section 51 of PAIA requires the head of every private body to compile a manual like this one. Since 1 January 2022 no private body is exempt from doing so. The purpose of this manual is to make it straightforward for anyone to find out what we hold and how to ask for it.

Where to find this manual

This manual is available, free of charge:

2. Particulars of the private body (section 51(1)(a))

Name of the private body
SwanCorp Waterproofing & Maintenance (Pty) Ltd
Trading as
SwanCorp Waterproofing & Maintenance
Registration number
2017/024211/07
VAT number
4520287410
Head of the private body
The directors, D. Cockeram (Accounts & Enquiries) and B.J. Swanepoel (Project & Site Management)
Information Officer
Debbie Cockeram
Deputy Information Officer
None appointed
Registration with the Information Regulator
Registration with the Information Regulator is pending confirmation
Physical address
21 Sweet William Street, Terenure, Kempton Park, 1619, Gauteng
Postal address
21 Sweet William Street, Terenure, Kempton Park, 1619, Gauteng
Telephone and WhatsApp
081 317 6601
Nature of business
Exterior damp proofing, roof waterproofing, protective coatings and exterior restoration and maintenance, for sectional title, commercial and residential properties throughout Gauteng. Established 2016, with industry experience since 2005

All requests and enquiries under PAIA or POPIA should be addressed to the Information Officer at the details above.

3. The Information Regulator's PAIA Guide (section 51(1)(b))

The Information Regulator has compiled a guide, in terms of section 10 of PAIA, which explains in an easily understandable form how to use the Act and how to exercise your rights under it. If you are unsure how to make a request, start there.

The guide is available from the Information Regulator, free of charge, in each of the official languages:

Body
Information Regulator (South Africa)
Physical address
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Postal address
P.O. Box 31533, Braamfontein, Johannesburg, 2017
Telephone
010 023 5200
General enquiries
enquiries@inforegulator.org.za

4. Records available without a request (section 52(2))

SwanCorp Waterproofing & Maintenance (Pty) Ltd has not submitted a notice under section 52(2) of PAIA listing categories of records that are automatically available without a request. The following records are nevertheless freely available, without any formal PAIA request and at no charge:

  • everything published on this website, including our service descriptions, project galleries and testimonials;
  • this PAIA manual, in HTML and as a PDF;
  • our Privacy Policy, Cookie Policy and Terms & Conditions;
  • our company contact details, registration number and VAT number;
  • a quotation we have issued to you, and the correspondence about it, on request by you.

Every other record must be requested under section 8 below.

5. Records available in terms of other legislation (section 51(1)(d))

We keep records in terms of, among others, the legislation listed below. Access to a record in terms of one of these Acts is governed by that Act, by the person entitled to it under it, and not by this manual.

  • Companies Act 71 of 2008
  • Income Tax Act 58 of 1962
  • Tax Administration Act 28 of 2011
  • Value-Added Tax Act 89 of 1991
  • Basic Conditions of Employment Act 75 of 1997
  • Labour Relations Act 66 of 1995
  • Employment Equity Act 55 of 1998
  • Skills Development Act 97 of 1998 and Skills Development Levies Act 9 of 1999
  • Unemployment Insurance Act 63 of 2001 and Unemployment Insurance Contributions Act 4 of 2002
  • Compensation for Occupational Injuries and Diseases Act 130 of 1993
  • Occupational Health and Safety Act 85 of 1993 and the Construction Regulations
  • Pension Funds Act 24 of 1956, where applicable
  • Consumer Protection Act 68 of 2008
  • Electronic Communications and Transactions Act 25 of 2002
  • Protection of Personal Information Act 4 of 2013
  • Promotion of Access to Information Act 2 of 2000

6. Categories of records we hold (section 51(1)(e))

The table below lists the subjects on which we hold records and the categories of record under each. Listing a record here does not mean it will be released: a request is assessed against the grounds for refusal in Chapter 4 of Part 3 of PAIA, which protect, among other things, third parties' privacy, commercial information and legal privilege.

Subjects and categories of records held by SwanCorp Waterproofing & Maintenance (Pty) Ltd
Subject Categories of records
Company and statutory Founding and incorporation documents, CIPC filings, share and director registers, minutes and resolutions, licences and registrations, insurance policies including third-party liability cover
Financial and tax Annual financial statements, accounting records, ledgers, invoices, receipts, bank statements, asset register, income tax, VAT and PAYE returns and assessments
Clients, enquiries and projects Website enquiries and quotation requests, quotations, accepted quotations and contracts, scopes of work, site inspection notes, project correspondence, progress and completion records, guarantees issued, project photographs, invoices and payment records
Suppliers and sub-contractors Supplier and sub-contractor details, agreements, product and system specifications and data sheets, purchase orders, delivery notes and invoices
Employees and labour Employment contracts and personnel records, payroll and leave records, training and competency records, disciplinary records, UIF, SDL and COIDA records
Health, safety and the environment Health and safety files and plans, risk assessments, method statements, incident and injury reports, induction and toolbox-talk records, safety data sheets
Marketing and this website Website content and images, testimonials and the permissions for them, marketing material, website and email hosting records, website analytics reports where analytics consent has been given
Information governance This manual, the privacy and cookie policies, the operator agreement with our website developer, data subject requests and our responses, records of any security compromise

7. Processing of personal information (POPIA additions to section 51)

POPIA requires this manual to describe how we process personal information. The full description for this website is in our Privacy Policy; this is the summary PAIA asks for.

Purposes of the processing

  • answering enquiries, inspecting sites and preparing quotations;
  • carrying out and administering the work we are contracted to do;
  • invoicing, collecting payment and keeping the accounting and tax records the law requires;
  • employing and managing staff, and meeting labour, health and safety obligations;
  • procuring materials and managing sub-contractors;
  • keeping this website secure and working, and — only with consent — measuring how it is used.

Categories of data subjects and of personal information

Data subjects and the personal information we process
Data subjects Personal information
Website enquirers Name and surname, email address, telephone number, property type, the solutions selected and the message typed. A one-way hash of the IP address, for spam protection only
Clients, and managing agents and trustees acting for them Contact details, property and site address, correspondence, quotation and contract details, payment records
Employees and job applicants Identity and contact details, banking details for salary payment, employment and payroll records, training and competency records, next of kin for emergencies
Suppliers and sub-contractors Contact details of representatives, company and compliance details, payment details
Website visitors who allow analytics Pseudonymous analytics identifiers and cookies, and the usage data derived from them

Recipients

  • Xneelo (South Africa) — hosting for this website and our email, which is where website enquiries are delivered and stored;
  • Webxperts (South Africa) — our website developer and operator under sections 20 and 21 of POPIA;
  • Google (United States) — Google Analytics 4, only where analytics consent has been given;
  • Our accountants, auditors and attorneys, and SARS and other regulators, where the law requires or permits it;
  • Sub-contractors and suppliers, where a site address or a contact name is needed to do the work.

Planned transborder flows of personal information

The one planned transfer outside South Africa is to Google, in the United States, for Google Analytics 4, and only where the visitor has consented. Section 72 of POPIA permits this on the basis of that consent, supported by Google's data processing terms. Everything else — hosting, email and our business records — stays in South Africa.

Security measures

We apply the safeguards section 19 of POPIA requires, in proportion to the harm a compromise could cause: HTTPS across the website, authenticated and encrypted mail transmission, no website database of enquiries at all, credentials stored outside the website's public folder, named least-privilege accounts with two-factor authentication on the content management system, daily backups with an encrypted off-site copy, and a written operator agreement with our website developer covering confidentiality, security and breach notification. Enquiries are kept for 24 months from our last contact with you, and analytics data for 14 months.

8. How to request access to a record (sections 53 and 54)

Use Form 2

A request for access to a record of a private body must be made on Form 2 of the Regulations relating to the Promotion of Access to Information, which is available from the Information Regulator at https://inforegulator.org.za/. We will also email you a copy on request.

Send the completed form to our Information Officer:

Attention
Debbie Cockeram, Information Officer
By hand or by post
21 Sweet William Street, Terenure, Kempton Park, 1619, Gauteng
Telephone
081 317 6601

What your request must contain

  1. enough detail about the record for us to identify it;
  2. your name and an address, email address or fax number in South Africa where we can reach you;
  3. the form of access you want, and the language you want the record in;
  4. if you are asking for someone else's record, proof of your authority to act for them;
  5. if you want to be told about the decision in a particular way — by telephone, for instance — say so and give the details;
  6. which right you are seeking to exercise or protect, and why the record is required for it. Section 50 of PAIA only gives access to a record of a private body on that basis, so a request that does not explain it cannot be granted.

Prescribed fees

PAIA allows a private body to charge two kinds of fee, both set by regulation and not by us:

  • a request fee, payable when you submit a request for a record that is not your own personal information. There is no request fee for a request for your own personal information;
  • an access fee for the time spent searching for and preparing the record and for reproducing it, charged at the prescribed rates per page or per item. Where that fee will exceed the prescribed threshold, we may ask for a deposit before we start.

The amounts are those prescribed in the Regulations relating to the Promotion of Access to Information, as amended from time to time. We will give you a written estimate, and our banking details, before any work is done, and you may lodge an internal appeal or a complaint with the Information Regulator about a fee you believe is wrong. The current fee schedule is published by the Information Regulator at https://inforegulator.org.za/.

Our decision

We will decide within 30 days of receiving your request and tell you in writing. That period may be extended by up to a further 30 days where the request is for a large number of records or requires a search of records held elsewhere, and we will tell you in writing if we extend it and why.

If we grant access, we will tell you the access fee, the form of access and your right to lodge a complaint about the fee or the form. If we refuse, we will give you adequate reasons, the provision of PAIA we rely on, and the remedies in section 9.

Where the record contains a third party's information, PAIA requires us to notify them and give them a chance to make representations before we decide. That is why some requests take the full 30 days.

9. If we refuse your request (sections 56(3) and 78)

There is no internal appeal against a decision of a private body. If we refuse your request in whole or in part, or you are unhappy with the fee, the form of access or the time we have taken, you may:

  • lodge a complaint with the Information Regulator, on the Regulator's prescribed form, at PAIAComplaints@inforegulator.org.za; or
  • apply to a court with jurisdiction for appropriate relief, within 180 days of being notified of the decision.

Grounds on which PAIA requires or permits us to refuse a request include the mandatory protection of a third party's privacy, of commercial information of a third party or of ourselves, of confidential information, of a person's safety or of property, legal privilege, and a request that is manifestly frivolous or vexatious.

10. Updating this manual

We review this manual whenever our records, our processing or our contact details change, and at least once a year. The version and date at the top of the page tell you which text you are reading, and the PDF is regenerated from this page whenever it changes, so the two always match.

Comments on this manual are welcome and should go to our Information Officer at info@swancorp.co.za.