PAIA Manual

Copyright © 2022, Studietrust (Registration no.: IT 3895/11(T)). All rights reserved. No part of this document may be reproduced or transmitted in any form or by any means without the express written permission of Studietrust.

Document enquiries can be directed to:

• The Information Officer
• Private Bag X16, Braamfontein, 2017
• South Africa
• Tel: +27 11 403 1632
• www.studytrust.org.za

National Director: Dr HM Hofmeyr   Date: 29 June 2021

1.   Introduction to PAIA
2.   Functions of StudyTrust
3.   Structure
4.   Our Contact Details
5.   Where to get guidance regarding submitting a PAIA request
6.   Records that are available without a PAIA request
7.   Records that we hold that are not automatically available
8.   Fees for records of public body as stipulated by the current Regulations to the Act
9.   Information on how you can make a PAIA request to us
10. Introduction to POPIA
10.1    The Personal Information that we process
10.2    Why we Process your information
10.3    Who we transfer your Personal Information to
10.4    Transfer of your Personal Information out of South Africa
10.5    How we secure your Personal Information
10.6    Your rights
10.7    How to make a request to access your Personal Information – Data Subject Access Request
10.8    How to object to us processing your Personal Information
10.9    How to make a request to correct or delete your Personal Information
10.10  How to lodge a complaint

Annex A:   Abbreviations and definitions

Annex B:   Prescribed Fees

Form C:   Request to Access to a Record

Form 1:   Objection to the processing of personal information in terms of section 11 (3) of the Protection of Personal Information Act, 4 of 2013

Form 2:   Request for correction or deletion of personal information or destroying or deletion of personal information in terms of section 24 (1) of the Protection of Personal Information Act,
4 of 2013

Form 5:   Complaint regarding interference with the protection of personal information / complaint regarding determination of an adjudicator in terms of section 74 of the Protection of Personal Information Act, 4 of 2013

1.1   The Promotion of Access to Information Act, 2 of 2000 (“PAIA”) and related legislation such as the Protection of Personal Information Act, 4 of 2013 (“POPIA”), provides you with the right of access to information held by public and private bodies, when you request such information for the exercise or protection of any of your or another person’s rights.

1.2   If you make such a request, a public or private body must release the information unless PAIA or any other relevant law states that the records containing such information may not be released.

1.3   For purposes of this Manual, we refer to ourselves as “StudyTrust”, “we”,” us” or “our”. We have compiled this Manual to inform you of, and guide you through, the procedural and other requirements with which a PAIA request must comply.

2.1    Studietrust trading as StudyTrust, established 13 June 1974, is:

2.1.1     A Trust in terms of Section 6(1) of the Trust property Control Act 57 of 1988. Our Trust number is IT3895/11(T).

2.1.2     A Nonprofit Organisation in terms of Act 71 of 1997. Our NGO number is 000-601 NGO.

2.1.3     An Educational Fund in terms of Section 18A of the Income Tax Act No. 58 of 1962. Our PBO number is 130000990.

2.1.4     Registered with the Information Regulator (South Africa) with Registration Number: 8973/2021-2022/IRRTT.

2.2    StudyTrust envisions a South Africa where potential finds opportunity. Our services are clustered into Bursary Management and Administration, Student Mentorship and Talent Development. As an educational trust and public benefit organisation, we connect learners with potential to their study opportunities.

2.3    Our object and functions are to help young people to:

2.3.1     access tertiary education;

2.3.2     acquire professional skills; and

2.3.4     gain meaningful employment.

3.1    StudyTrust comprises of a Chairperson of the Board of Trustees, a National Director and Staff. The Board of Trustees appointed the National Director as the Executive Officer and Accounting Authority.

3.2    StudyTrust is a registered Trust and therefore not owned. Our beneficiaries (bursary recipients) are our prime focus. StudyTrust is a level 1 QSE B-BBEE Contributor.

3.3    For more detailed information on our services and how StudyTrust is structured, please consider our website at www.studytrust.org.za.

3.4    Our Website Disclaimers and Use of Service Policy relating to POPI is available here.

Please direct any PAIA or POPIA enquiries to our Information Officer or our Deputy Information Officer at the following addresses:

• Information Officer: Dr HM Hofmeyr
• Postal Address: Private Bag X16, Braamfontein, 2017, South Africa
• Physical Address: 10 Clamart Road, Richmond 2092, South Africa
• Telephone number: (+27) 011 403 -1632
• E-mail Address: m.hofmeyr@studytrust.org.za

• Deputy Information Officer: Rev DC Lourens
• Postal Address: Private Bag X16, Braamfontein, 2017, South Africa
• Physical Address: 10 Clamart Road, Richmond 2092, South Africa
• Telephone number: (+27) 011 403 -1632
• E-mail Address: d.lourens@studytrust.org.za

5.2   If you have any queries, or need a copy of the Guide, please contact the SAHRC directly at:

The South African Human Rights Commission

• PAIA Unit – The Research and Development Department
• Braampark Forum 3, 33 Hoofd Street, Braamfontein
• Private Bag x 2700, Houghton 2041
• Tel:  +27 11 877 3803
• Fax:  + 27 11 403 0625
• Email:  paia@sahrc.org.za
• Website:  www.sahrc.org.za

5.3   If you have any queries, about POPI, please contact the Information Regulator directly at:

The Information Regulator – South Africa

• Website:  https://www.justice.gov.za/inforeg/index.html.
• Address:  SALU Building, 316 Thabo Sehume Street, Pretoria.
• Contact number:  012 406 4818.
• Fax number:  086 500 3351.
• Email:  inforeg@justice.gov.za.

All records or information available on our website at www.studytrust.org.za, including all records in the booklets and pamphlets produced by StudyTrust for public consumption, are automatically available and voluntarily disclosed. This information is available for viewing or downloading or access without you having to make a PAIA request.

8.2   Requesters are required to pay a fee of R35.00 for requesting access to records. People who are requesting access to their Personal Information are exempt from paying a fee. Furthermore, people who earn less than R14,712 per annum (if single) and R27,192 per annum (if married or have a life partner), are also exempt from paying the request fee.

8.3   Value-Added Tax (“VAT”) is only payable by institutions who have registered as VAT vendors as required under s23 of the VAT Act, 89 of 1991.

All payments must be made to:

• Account name: Studietrust
• Bank: ABSA Bank
• Branch Name: Commercial Premium Clearwater
• Account Number: 28-4080-0299
• Branch Code: 630504
• Swift address: ABSA ZA JJ
• Account Type: Business Current Account
• Reference: Name of requestor and date of request.

9.1   All requests should be submitted to StudyTrust’s Information Officer on the prescribed form. We have attached the form to this Manual. It is labelled as Form C.

9.2   In order to ensure that we are able to provide you with the correct record that you need, make sure that:

9.2.1     you provide us with enough detail on the request form to enable us to identify you and the record you need from us;

9.2.2    you indicate in what form you would like to access the records, for example hardcopy printouts or electronic format. Please let us know whether, in addition to a written response, you would like us to contact you in some other way, for example by telephone. If so, please provide us with your additional contact details;

9.2.3    you list the right that you want to exercise or protect and provide us with an explanation of why the requested record is required for the exercise or protection of that right; and

9.2.4    if you are making a request on behalf of another person, you must submit proof of the capacity in which you make the request.

9.3   Our Information Officer, will, as soon as reasonably possible and within thirty (30) days after the request has been received, decide whether to grant the request or not. You will be notified whether it has been rejected or accepted.

9.4   You will also be advised on the following:

9.4.1    The access fee to be paid for the information;

9.4.2    The format in which access will be given; and

9.4.3    The fact that you may lodge a complaint with the Information Regulator or an appeal with the High Court against the access fee charged or the format in which access is to be granted.

9.5   If we refuse your request, our Information Officer will give you written reasons. You may lodge a complaint with the Information Regulator and lodge an appeal with the High Court against the refusal of the request.

9.6   If we fail to respond to you within thirty (30) days after a request has been received, it is deemed, that the request has been refused.

9.7   We request an extension if your request a large number of records; the search for the records is to be conducted at premises not situated in the same town or city as the head office of StudyTrust; or if we you consent to an extension.

9.8   Please note that all requests which we receive, will be evaluated and considered in accordance with PAIA. It is important to remember that, even though we have published this Manual and described the categories and subject matter of information or records that we hold, this does not give you any rights to access such information or records, except in terms of PAIA. Records that you may not be entitled to include those of third parties who are natural persons (i.e. humans), the commercial information of third parties, those related to the safety of individuals or protection of property, those that are privileged from production in legal proceedings, the commercial information of a private body and research information of a third party and a private body.

PAIA requires us to provide you with certain information related to the Protection of Personal Information Act 4 of 2013 (“POPIA”). This information relates to how Personal Information that we process is, amongst others, used, disclosed and destroyed. We are also required to provide you with information on your rights in relation to Personal Information that is collected, processed and stored.

StudyTrust is committed to its data privacy obligations and we will be receptive to any queries or requests made by you in relation to your Personal Information.

10.1 The Personal Information that we process

We have tried our best to list all the categories of Data Subjects and categories of Personal Information that we process but there may be instances not covered in this list

10.2 Why we Process your information

POPIA says that Personal Information may only be processed lawfully and in a reasonable manner that does infringe your (the data subject’s) privacy.

The type of personal information that we process will depend on the purpose for which it is collected. We will tell you why the Personal Information is being collected and we will process the Personal Information for that purpose only.

10.3 Who we transfer your Personal Information to

10.3.1    We may supply personal Information to these potential recipients:

10.3.1.1     Management;

10.3.1.2    Employees;

10.3.1.3    Temporary Staff;

10.3.1.4     Contracted Operators; and

10.3.1.5     Other recipients in international organisations

10.3.2    We have agreements in place to ensure that other parties comply with our confidentiality and privacy requirements. Personal information may also be disclosed where we have a legal duty to do so.

10.4 Transfer of your Personal Information out of South Africa

If we do transfer your Personal Information to third parties outside of South Africa, we will ensure that the recipient of the information is subject to a law, binding corporate rules or binding agreement which provide an adequate level of protection.

10.5 How we secure your Personal Information

We are required to employ appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of Personal Information and unlawful access to or processing of Personal Information.

10.6 Your rights

10.6.1    In terms of POPIA you have a right to access Personal Information that we hold. We therefore have the responsibility to provide you with information on whether we hold any of your Personal Information or not.

10.6.2    If we do hold any Personal Information on you, you have the right to the record or a description of the Personal Information including information about the identity of all third parties, who have, or have had, access to the information.

10.6.3    You are entitled to request rectification, deletion, blocking or completion of your Personal Information which is shown to be inaccurate or incomplete and, in certain circumstances, to object to the processing of your Personal Information.

10.7 How to make a request to access your Personal Information – Data Subject Access Request

10.7.1    We will provide this information to you free of charge upon a request made on Form C.

10.7.2    You may request the record or a description of the Personal Information about you including information about the identity of all third parties, who have, or have had, access to the information by completing Form C.

10.7.3    Once we have received your request on Form C we will provide a written estimate of the fee in order to process your request. If your request is granted, you will then be required to pay the fee before we provide you with the record or description.

10.8 How to object to us processing your Personal Information

10.8.1    You have the right to object at any time to us processing your Personal Information if we are processing it on the basis that it protects your legitimate interest, it is necessary for the proper performance of a public law duty, or processing it is necessary for pursuing our legitimate interests or of a third party to whom we supply the information to.

10.8.2    You also have the right to object if we process your Personal Information for purposes of direct marketing.

10.8.3    Your objection must be submitted on Form 1. If you have any queries on submitting Form 1 we will provide reasonable assistance free of charge.

10.9 How to make a request to correct or delete your Personal Information

10.9.1    You may make a request to us to correct or delete Personal Information in our possession that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or destroy or delete a record of Personal Information about you that we are no longer authorised to retain.

10.9.2    To make this request Form 2 should be completed.

10.9.3    Once we receive your request we will as soon as reasonably possible correct or destroy or delete the information or provide you, to your satisfaction, with credible evidence in support of the information.

10.9.4    In the case where we cannot reach an agreement in terms of correcting the Personal Information, you may request that we attach a note indicating that you have asked for the correction of Personal Information, but it has not been made.

10.10 How to lodge a complaint

If you are unhappy with the way that we process your Personal Information and if you believe that we are interfering with the protection of your Personal Information you may lodge a complaint with the Regulator on Part 1 of Form 5.

A.1 Abbreviations
PAIA        Promotion of Access to Information Act, 2 of 2000
POPIA     Protection of Personal Information Act, 13

A.2 Definitions
Term                                            Definition
Act                                                Means the Promotion of Access to Information Act
Deputy Information Officer    Means the Manager: Operations
Information Officer                  Means the National Director
Record                                         Means any recorded information
                                                      A.2.1 Regardless of form or medium
                                                      A.2.2 In the possession or under the control of StudyTrust; and
                                                      A.2.3 Whether or not it was created by StudyTrust
Requester                                   Means
                                                       A.2.4 Any person (other than a Public body as defined in this Manual) making a request for access to a record of that public body; or
                                                       A.2.5 A person acting on behalf of the person referred to in sub-paragraph A.2.1

The fee for a copy of the manual as contemplated in Regulation 5(c) is R0.60 for every photocopy of an A4- size page or part thereof.

B.1   The fees for reproduction referred to in Regulation 7(1) are as follows:
B.1.1     for every photocopy of an A4-size page or part thereof R0.60
B.1.2    for every printed copy of an A4-size page or part thereof held on computer R0.40 or in electronic or machine-readable form for a copy in a computer –readable form on CD/DVD R40.00
B.1.3    for a transcription of visual images, for an A4-size page or part thereof R22.00
B.1.4    for a copy of visual images R60.00
B.1.5    for a transcription of an audio record, for an A4-size page or part thereof R12.00 for a copy of an audio record R17.00.

B.2   The request fee payable by every requester, other than a personal requester, referred to in Regulation 7(2) is:
B.2.1    for every photocopy of an A4-size page or part thereof R0.60
B.2.2    for every printed copy of an A4-size page or part thereof held on
B.2.3    computer or in electronic or machine-readable form R0.40
B.2.4    for a copy in a computer-readable form on CD/DVD R40.00
B.2.5    for a transcription of visual images, for an A-size page or part thereof R22.00
B.2.6    for a copy of visual images R60.00
B.2.7     for a transcript of an audio record
B.2.8    for an A4-size page or part thereof R12.00
B.2.9    for a copy of an audio record R17.00
B.2.10  To search for and prepare the record for disclosure for each
B.2.11  hour or part of an hour, excluding the first hour, reasonably
B.2.12  required for such research and preparation R15.00

B.3   For purposes of Section 22(2) of the Act, the following applies:
B.3.1    Six hours as the hours to be exceeded before a deposit is payable.
B.3.2    One third of the access fee is payable as a deposit by the requester.
B.3.3    The actual postage is payable when a copy of a record must be posted to a requester.
B.3.4    The appeal fee payable in respect of the lodging of an internal appeal by a requester against the refusal of his/her request for access as contemplated in Section 75(3)(a) of the act R50.00

B.4   The actual postage is payable when a copy of a record must be posted to a requester.

PARTICULARS OFPERSON ON WHOSE BEHALF A REQUEST IS MADE

PARTICULARS OF RECORD

 FEES

 FORM OF ACCESS TO RECORD

If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 below, state your disability and indicate in which form the record is required.

           Mark the appropriate box with an X

NOTICE OF DECISION REGARDING REQUEST FOR ACCESS

Signed at …………………………………… this …………………. day of ………………………20…………

……………………………………………………………..

Signature of data subject / designated person

[Regulation 2]

Note:

1. Affidavits or other documentary evidence as applicable in support of the request may be attached.
2. If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.
3. Complete as is applicable.

Signed at …………………………………… this …………………. day of ………………………20…………

……………………………………………………………..

Signature of data subject / designated person

[Regulation 3]

Note:

1. Affidavits or other documentary evidence as applicable in support of the request may be attached.
2. If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.
3. Complete as is applicable.

Mark the appropriate box with an “x”.

Request for:

Correction or deletion of the personal information about the data subject which is in possession or under the control of the responsible party.

Destroying or deletion of a record of personal information about the data subject which is in possession or under the control of the responsible party and who is no longer authorised to retain the record of information.

Signed at …………………………………… this …………………. day of ………………………20…………

……………………………………………………………..

Signature of data subject / designated person

[Regulation 7]

Note:

1. Affidavits or other documentary evidence as applicable in support of the request may be attached.
2. If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.
3. Complete as is applicable.

Mark the appropriate box with an “x”.

A.4 Complaint regarding::

Alleged interference with the protection of personal information.

Determination of an adjudicator.

Signed at …………………………………… this …………………. day of ………………………20…………

……………………………………………………………..

Signature of data subject / designated person