Promotion of Access to Information Act (PAIA) Manual
1. Introduction
- Purpose of the Manual:
This manual is prepared in compliance with the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) ("PAIA"). It aims to inform stakeholders, including employees, customers, and the public, about the types of records held by BKB (Pty) Ltd and its subsidiaries and the procedures to access these records.
- Scope:
This manual applies to all divisions, subsidiaries, and business units within BKB (Pty) Ltd, ensuring a uniform approach to information access requests across the corporation.
- Definitions:
- Information Officer: The designated officer responsible for ensuring compliance with PAIA.
- Request for Access: A formal application to access a record held by the company.
- Record: Any recorded information, regardless of form, held by the company.
- Personal Information: Information about an identifiable individual.
2. Company Overview
- Company Name: BKB (Pty) Ltd and its Subsidiaries
- Head Office Address: 61 Grahamstown Road, North End, Gqeberha
- Postal Address: PO Box 2002, North End, Gqeberha, 6056
- Telephone Number: (041) 5033111
- Fax Number: (086) 646 623
- Website: www.bkb.co.za
- Information Officer: Adv Bernard Lombard
- Email Address: bernard.lombard@bkb.co.za
- Direct Phone Number: (041) 5033111
- Deputy Information Officer(s): Johannette Oosthuizen
- Email Address: jo.oosthuizen@bkb.co.za
- Direct Phone Number: (041) 5033111
3. PAIA Overview
- Legal Framework:
PAIA provides the public with a right of access to information held by public and private bodies, subject to justifiable limitations, to foster a culture of transparency and accountability.
- Application within the Company:
This section explains how PAIA is implemented within BKB (Pty) Ltd and its relevance to the company’s operations.
4. Records Held by BKB (Pty) Ltd
- Categories of Records:
A comprehensive list of records, organized by department or function:
- Corporate Governance:
- Memorandum of Incorporation
- Board resolutions and minutes
- Shareholder agreements
- Financial Records:
- Audited financial statements
- Tax returns
- General ledgers
- Human Resources:
- Employee contracts
- Payroll records
- Recruitment and training records
- Operational Records:
- Supplier contracts and agreements
- Customer contracts
- License and permit records
- Marketing and Sales:
- Advertising and promotional materials
- Customer databases
- Market research data
- Legal and Compliance:
- Litigation files
- Intellectual property records
- Compliance certificates
- Health, Safety, and Environmental:
- Safety audits and reports
- Environmental impact assessments
- Incident and accident reports
5. Procedures for Requesting Access
- How to Make a Request:
Requests must be submitted in writing using Form C, available on the company’s website or at the head office. The request should be sent to the Information Officer at bernard.lombard@bkb.co.za or delivered to the head office at 61 Grahamstown Road, North End, Gqeberha.
- Details to Include:
- Full name and contact details of the requester
- Description of the record requested
- The reason for the request (if applicable)
- Preferred method of access (e.g., inspection, copy, or electronic format)
- Processing Requests:
Upon receipt of a valid request, the Information Officer will:
- Acknowledge receipt within 14 days
- Evaluate the request and consult with relevant departments
- Communicate the decision within 30 days, extendable by an additional 30 days if necessary
- Possible Outcomes:
- Grant Access: Full or partial access to the record requested
- Refuse Access: Based on grounds such as confidentiality, third-party privacy, or commercial sensitivity
- Fees:
A request fee as per Appendix B (Fee Schedule) is payable, and if access is granted, an access fee will be charged based on the volume and format of the records. A deposit may be required for large requests.
6. Remedies and Complaints
- Internal Review:
If a request is denied, the requester may apply for an internal review by submitting a written appeal to the Information Officer within 30 days of the decision.
- External Remedies:
If unsatisfied with the internal review outcome, the requester may lodge a complaint with the Information Regulator at:
7. Record Retention and Disposal
- Retention Schedules:
BKB (Pty) Ltd maintains records according to specific retention schedules. For example:
- Financial Records: Retained for 7 years
- HR Records: Retained for the duration of employment plus 5 years
- Legal Documents: Retained permanently or until the expiration of legal obligations
- Disposal of Records:
Records that are no longer required and have reached the end of their retention period are securely disposed of by shredding, deletion, or other appropriate methods to ensure confidentiality.
8. Responsibilities of the Information Officer
- Compliance Oversight:
The Information Officer is responsible for ensuring that BKB (Pty) Ltd complies with PAIA, including training staff, maintaining this manual, and processing access requests.
- Liaison with the Information Regulator:
Acts as the primary contact point for the Information Regulator and handles all correspondence related to PAIA.
9. Contact Information
- Information Officer:
Adv Bernard Lombard
- Direct Phone Number: (041) 5033111
- Email Address: bernard.lombard@bkb.co.za
- Head Office:
61 Grahamstown Road, North End, Gqeberha
- Main Phone Number: (041) 5033111
- Fax Number: (086) 646 623
10. Updates to the Manual
- Amendments:
This manual will be reviewed and updated annually or as necessary to reflect changes in the law or company policy. Updates will be submitted to the South African Human Rights Commission (SAHRC) if required.
11. Appendices
- Appendix A: Form C – Request for Access to a Record of a Private Body
- Appendix B: Fee Schedule
- Appendix C: List of Record Categories and Applicable Retention Periods
