PAIA

 PAIA MANUAL

      

1.   Introduction 

Fashion Fusion Traders, Fashion Fusion Distribution, Bizfusion, Vuyatex and Unique Biz (herein referred to as The Fashion Fusion Group) is committed to the observance of and compliance with the directives of the South African Constitution and national legislation which endorse the key principles of good corporate governance, transparency and accountability.

 

This manual was compiled in accordance with the Promotion of Access to Information Act (PAIA) No. 2 of 2000.PAIA gives effect to carry out section 32 of the South African Constitution, which focuses on the right to access information i.e. everyone has the right of access to information held by the state or a private body to enforce a culture of transparency and accountability.

 

The act requires that The Fashion Fusion Group, as a private body, compile a manual giving information to the public regarding the records held and the procedures to be followed in order to obtain information from The Fashion Fusion Group. 

 

2.   Availability of the Manual

This manual will be updated as required or when the relevant legislation changes. The latest copy of this manual is available on public facing Fashion Fusion websites, www.fashionfusion.co.zaand www.justjaps.co.za.Alternatively, this manual can be requested from the Information Officer.

3.   Fashion Fusion Group Contact Details 

All requests for access to records in terms of PAIA must be in writing and must be addressed to:

Fashion Fusion Information Officer

Fashion Fusion

17 Alexander Road, Westmead, Pinetown, 3608.  

Telephone: 031 312 6948

Website: www.fashionfusion.co.za

Email:

4.   Guide of the South African Human Rights Commission

The South African Human Rights Commission (“SAHRC”) is mandated under PAIA to promote the right of access to information, monitor the implementation of PAIA, and make recommendations to strengthen PAIA and to report annually to Parliament. The SAHRC has compiled a guide that contains information which would be reasonably required of any person wishing to exercise any rights set out in the Act.

The guide is available in all the counties’ official languages and can be viewed at www.sahrc.org.za.

 

Any enquiries regarding the above guide and its contents should be directed 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 11 484-7146 

Website: www.sahrc.org.za

Email:PAIA@sahrc.org.za 

5.   Information Regulator

Any queries where you believe The Fashion Fusion Group has not adequately dealt with your request, or to lodge a complaint should be directed to: 

The Information Regulator (South Africa) 

33 Hoofd Street

Forum III, 3rd Floor Braampark 

Braamfontein, Johannesburg

Website: www.justice.gov.za

  • Email: inforeg@justice.gov.za

6.   Records Available in terms of any Other Legislation

The Fashion Fusion Group keeps information and records in accordance with the following legislation, which includes, but is not limited to the following legislation: 

  1. The Constitution of the Republic of South Africa No.3 of 1994;
  2. Companies Act No. 61 of 1973;
  3. Competition Act No. 89 of 1998;
  4. Insider Trading Act No. 135 of 1998;
  5. Broad-Based Economic Empowerment Act No. 53 of 2003;
  6. Consumer Affairs (Unfair Business Practices Act), 71 of 1988;
  7. Consumer Protection Act No. 68 of 2008;
  8. The Value-Added Tax Act No. 89 of 1991;
  9. Income Tax Act No. 58 of 1962;
  10. South African Revenue Services Act, 34 of 1997;
  11. Basic Conditions of Employment Act No. 75 of 1997;
  12. Employment Equity Act No. 55 of 1998;
  13. Labour Relations Act No. 66 of 1995;
  14. Promotion of Equality and Prevention of Unfair Discrimination Act No. 4 of 2000;
  15. The Occupational Health and Safety Act No. 85 of 1993;
  16. Manpower Training Act No. 56 of 1981;
  17. Skills Development Act No. 97 of 1998;
  18. Skills Development Levies Act No. 9 of 1999;
  19. Unemployment Insurance Contributions Act No. 4 of 2002;
  20. Unemployment Insurance Fund Act No. 63 of 2001;
  21. The Medical Schemes Act No. 131 of 1998;
  22. The Compensation for Occupational Injuries and Diseases Act No. 130 of 1993;
  23. National Environment Management Act No. 107 of 1998;
  24. The Atmospheric Pollution Prevention Act No. 45 of 1965;
  25. The Health Act No. 63 of 1977;
  26. Pension Funds Act No. 24 of 1956 Tax on Retirement Funds Act No. 38 of 1996;
  27. Deeds Registries Act No. 47 of 1937;
  28. Customs and Excise Amendment Act, 45 of 1995;
  29. Copyright Act No. 98 of 1978
  30. Trade Marks Act No. 194 of 1993;
  31. Financial Intelligence Centre Act No. 38 of 2001;
  32. Prevention of Combating of Corrupt Activities Act No. 12 of 2004;
  33. Prevention of Organised Crime Act No. 121 of 1998;
  34. Protected Disclosures Act No. 26 of 2000;
  35. Tobacco Products Control Act No. 83 of 1993;
  36. Medicines and Related Substances Control Act No. 101 of 1965;
  37. Hazardous Substances Act No. 15 of 1973;
  38. Liquor Act No. 59 of 2003;
  39. Liquor Products No. 60 of 1989;
  40. Electronic Communications and Transactions Act No. 25 of 2002;
  41. Regulation of Interception of Communications and Provision of Communications Related Information Act No. 70 of 2002.

From time to time, The Fashion Fusion Groupmay be required to comply with other legislation as a result of the products and services being provided to customers operating in different sectors.

7.   Categories of Requestors

The capacity under which a Requestor makes a request for records defines the category in which the Requestor will fall into. There are four categories of Requestors:

  • A Data Subject who makes requests about themselves;
  • A Representative who makes a request on behalf of the Data Subject(s);
  • A Third Party who requests information about a Data Subject; or
  • A Public Body who requests information in the public interest.

8.   Categories of Records held by The Fashion Fusion Group

This manual sets out a description of the subjects on which The Fashion Fusion Groupholds records, and categories of records held on each subject (refer to Appendix B). These include operational records utilised in the day to day running and administration of the business. Access to the listed records /information per Appendix B does not guarantee access requests will be approved / granted.

9.   Request Process 

The purpose of this section is to provide directive and guidance on the process to follow when requesting information from The Fashion Fusion Group

  • The Requestor should contact The Fashion Fusion GroupInformation Officerto obtain guidance on the process to follow when sending documentation containing personal information. This includes application forms and proof of identification documents.
  • The prescribed form must be used and completed to make the request for access to a record. The form can be downloaded from the Department of Justice website (refer to Appendix A).
  • Proof of identification of the Requestor (and related third parties acting on behalf of the Requestor) must be provided on submitting the request form.
  • The requester must specify the right that they are seeking to protect or that they wish to exercise and provide an explanation as to why the requested records are required for the protection or exercise of that right.
  • If the request is made on behalf of another person, then proof is required of the capacity in which the requester is making the request.
  • Proof of identity must be provided in the form of a certified copy of the Requestor’s and/or delegate’s identity document or passport via secure methods provided by the Information Officerin the initial correspondence.
  • An initial response to a request will take approximately 30 days. The Information Officer may extend the period by an additional 30 days depending on the complexity of the request requirements.
  • Please note that an application for access to information can be refused in the event that the application does not comply with the requirements of PAIA.
  • The successful completion and submission of the access request does not automatically allow the Requestor access to the requested records.
  • If access to a record/information is granted, the Requestor will be notified, and the notification will include the following:
    • An indication of the access fee that should be paid upon gaining access (if any).
    • An indication of the form in which the access will be granted.
  • If access to a record/information is denied, the Requestor will be notified, and will include the following:
    • Adequate reasons for the refusal.
    • Process to appeal the refusal.
  • Should the requester not be satisfied with the decision of the Information Officer, the Requester may apply to court for relief. In terms of PAIA, the said application must be made within 180 days after the decision has been made by the Information Officer.

10.Prescribed Request Fees

Prescribed fees were published by the Minister of Justice and Constitutional Development in the Government Gazette No. 23119, General Notice No. 187 of 15 February 2002. Please refer to Appendix C for The Fashion Fusion Groupfee structure.

11.  Appendices

11.1     Appendix A: Request Form

The application form can be obtained from

http://www.justice.gov.za/forms/paia/J752_paia_Form%20C.pdf

11.2      Appendix B: Record Categories

Business Information

Documents of Incorporation

Memorandum of Incorporation

Minutes of Board of Directors Meetings

Appointment of Directors/Auditors/Secretaries

Public Officer and other Prescribed Officers

Share Register and other Statutory Registers

Management Reports

Strategic and Business Plans

Annual integrated Reports

Services and Products (incl. pricing)

Records held in compliance to specific legislation, regulations and codes

Finance and Accounting

Annual Financial Statements

Tax Records (company and individual employees

Accounting Records

Banking Records Banking Statements

Paid Cheques

Electronic Bank Records

Asset Register

Rental Agreements

Invoices

General Correspondence

Management Accounts and Records

Budgets

Insurance

Share Register

Financial Transactions

Purchase and Order Records

Banking Records

Contracts

Financial Policies and Procedures

Risk Management Records

Internal Audit Records

Statutory Returns Records

Income Tax records

Pay As You Earn (PAYE) Records

Documents Issued to Employees for Income Tax

Payments to SARS on Behalf of Employees

Statutory Records

Human Resources

Employment Contracts 

Employment Equity Plan (if applicable)

Medical Aid Records 

Pension Fund Records 

Salary Records 

Disciplinary Records 

Disciplinary Code 

Leave Records

Training Records and Manuals

Identity Documents

Bank and Address Particulars

Background Check (criminal records, credit checks)

Life Cover and Provident fund: tax reference number and ID numbers of nominated beneficiaries

Environmental Health and Beauty

Environmental Assessments

Accident Investigation Reports

Safety Organizational Structures

Policies and Procedures

Information Relating to the Fire Systems

Machinery Tests Records

Contractor Agreements

 

Sales

 

Pricing Information

Sales Policies Procedures

Sales Forecasts

General Correspondence

Product Sales Records/ Statistics

Customer Complaints

Customer Information

 

Logistics

 

Information Relating to Freight Agents

Inventory

Shipping Information

Delivery Plans

Policies and Procedures

General Correspondence

Customs Documentation

 

Information Technology (IT)

 

IT Policies and Procedures

Network Diagrams

Configuration Setups

User Manuals

System Performance Records

General Correspondence

Asset Registers - IT related hardware and software

User Awareness

Security Certifications

Privacy Program

Project Plans

Investment Plans and Budgets

Marketing

 

Statistical Information on the Market

 

Customer Profiling / Purchase Information

Historical Records of Promotions

Information on Promotions, Products and Suppliers

Strategic Marketing Campaign Documents

11.3     Appendix B: Fees Payable

Request fees:  

 

  • Where a Requestor submits a request for access to information held by The Fashion Fusion Grouprelating to a person other than the Requestor, a request fee in the amount of R50.00 is payable up-front. Upon receipt of payment, The Fashion Fusion Groupwill further process the received request.
  • If access to a record/s is granted by The Fashion Fusion Group, the Requestor may be required to pay an access fee for the search for, the preparation and for the re-production of the record/s. The access fees which apply are set out below.
  • An access fee is payable in all instances where a request for access to information is granted, except in those instances where payment of an access fee is specially excluded in terms of PAIA or an exclusion is determined by the Minister in terms of Section 54 (8). This includes the following:
    • A single person whose annual income does not exceed R14,712.00; or
    • Married persons or a person and his/her life partner whose annual income does not exceed R27,192.00
  • The Fashion Fusion Group, as a registered Private Body, will add VAT to all aforementioned fees in terms of the Value Added Tax (VAT) Act.
  • A Requestor may lodge a complaint with a court of law against the payment of the request fee.
  • All payments shall be made in the form of an Electronic Funds Transfer (EFT) to TheFashion Fusion Groupbank account. Banking details to be obtained from The Fashion Fusion GroupInformation Officer.

 

The Fashion Fusion Groupis entitled to withhold a record until the required access fees have been paid. The applicable access fees which will be payable are:

Access Fees for Reproduction

 

Each photocopy of A4 sized part or a part thereof

R1.10

Each photocopy of A4 sized page or part thereof held on a computer or in electronic or machine-readable form

R0.75

Copy of a computer readable memory stick

R7.50

Copy of a computer readable compact disc

R70.00

Transcript copy of visual images of an A4 sized page or part thereof

R40.00

Copy of visual images

R60.00

Transcription of an audio record on an A4 sized page or part thereof

R20.00

Copy of the audio record

R30.00

Times reasonably spent to locate a record and preparation for the disclosure or part thereof

R30.00 per hour 

Request Fees

 

Access to a record containing personal information of the Requestor

Free

Any other access to a record as a public body made by a Requestor and another person other than the Requestor

R50.00

Postal Fees

 

Postage of a record to the Requestor

R9.75

Courier of a record to the Requestor

R99.00

 

Deposits: 

  • Where The Fashion Fusion Groupreceives a request for access to information held on a person other than the Requestor himself/herself and the Information Officer upon receipt of the request is of the opinion that the preparation of the required record/s of disclosure will take more than 6 (six) hours, a deposit is payable by the Requestor.
  • The Requestor may make an application to Court to be exempted from the requirement to pay this deposit.
  • If a deposit is made and access to the record/s requested is subsequently refused, the deposit will be repaid to the Requestor. The amount of the deposit is equal to a 1/3 (one third) of the amount of the applicable access fee.