PAIA Manual

Last updated 31 July 2021

CONTENTS

1. Introduction and Contact Details
2. Section 10 Guide on how to use PAIA
3. Records Available in terms of other Legislation
4. Schedule of Records
5. Form of Request
6. Other information – Prescribed Fees
Appendix A: Form C Request for Access to Record of a Private Body

1. INTRODUCTION AND CONTACT DETAILS FOR TRUMAN & ORANGE PROPRIETARY LIMITED

Truman & Orange Proprietary Limited (T&O) is a private company registered in South Africa. T&O markets and supplies alcoholic and non-alcoholic beverages and associated merchandise.

Information Officer: Brett Pettersen
Address: Truman and Orange, Hudson Building, 30 Hudson Street, De Waterkant, Cape Town 8001
Postal Address: As above
Telephone Number: 021 035 1629
E-mail: brett.petterssen@trumanandorange.com

Deputy Information Officer: Nicol Nolan
Address: Truman and Orange, Hudson Building, 30 Hudson Street, De Waterkant, Cape Town 8001
Postal Address: As above
Telephone Number: 021 035 1629
E-mail: nicol.nolan@trumanandorange.com

2. SECTION 10 GUIDE ON PAIA

PAIA grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights.

A Guide has been compiled in terms of Section 10 of the PAIA by the South African Human Rights Commission (SAHRC). It contains information required by a person wishing to exercise any right, contemplated by PAIA.

The Guide can be found on the SAHRC’s website (www.sahrc.org.za) or is available from the Information Regulator.

The contact details of the Information Regulator are:
Postal Address: PO Box 31533, Braamfontein, Johannesburg, 2017
Physical Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Website: https://www.justice.gov.za/inforeg
E-mail: inforeg@justice.gov.za
Complaints E-mail: complaints.IR@justice.gov.za

3. APPLICABLE LEGISLATION

Certain records held by T&O are available in terms of legislation other than PAIA. The specific records which are available in terms of such legislation are set out therein and these records may in certain instances only be accessed by the persons specified in the relevant legislation. Such legislation include:

• Constitution of the Republic of South Africa Act 108 of 2008
• Companies Act 71 of 2008
• Trust Property Control Act 57 of 1988
• Income Tax Act 58 of 1962
• Tax Administration Act 28 of 2011
• Value Added Tax Act 89 of 1991
• Pension Funds Act 24 of 1956
• Unemployment Insurance Act 63 of 2001
• Basic Conditions of Employment Act 75 of 1997
• Employment Equity Act 55 of 1998
• Broad Based Black Economic Empowerment Act 53 of 2003
• Labour Relations Act 66 of 1995
• Liquor Act 1989,
• Liquor Act 59 of 2003
• Gauteng Liquor Act 2 of 2003
• Western Cape Liquor Act 4 of 2008
• Free State Gambling and Liquor Act 6 of 2010
• Eastern Cape Liquor Act 2003,
• Northern Cape Liquor Act 2008
• Mpumalanga Liquor Act 5 of 2006
• KwaZulu-Natal Liquor Licensing Act 6 of 2010)
• Medical Schemes Act 131 of 1998
• Compensation for Occupational Injuries and Diseases Act 130 of 1993
• National Credit Act 34 of 2005
• Cooperatives Act 34 of 2005
• Financial Advisory and Intermediary Services Act 37 of 2002
• Financial Intelligence Centre Act 38 of 2001
• Securities Transfer Tax Administration Act 26 of 2007
• Insolvency Act 24 of 1936
• Electronic Communications Act 36 of 2005
• Protection of Personal Information Act 4 of 2013
• Electronic Communications and Transactions Act 25 of 2002
• Consumer Protection Act 68 of 2008

4. SCHEDULE OF RECORDS

General information about T&O can be accessed via the internet on our website at www.trumanandorange.com and social media pages.

The subjects on which T&O holds records and the categories on each subject in terms of Section 51(1)(e) of PAIA are as listed below. Please note that a requester is not automatically allowed access to these records and that access to them may be refused in accordance with Sections 62 to 69 of PAIA and the Protection of Personal Information Act, 4 of 2013:

A. Human Resources:
• Employee records
• Contracts
• Guidelines, policies and procedure

B. Corporate:
• Shareholder records
• Records relating to the incorporation of T&O
• Statutory records
• Board minutes and resolutions

C. Financial:
• Tax records for T&O
• Annual financial statements
• Bank statements
• Purchase Orders/Invoices
• Asset Register
• Insurance information

D. Operational:
• Operational reviews
• Vendor records
• Guidelines, policies and procedure
• Contracts
• Internal and external correspondence
• Records provided by a third party
• Databases
• Information technology

For further information, please see our Privacy Policy - click here

5. FORM OF REQUEST

A requester must comply with all the procedural requirements contained in PAIA relating to the request for access to a record.

A request for access to records held by T&O in terms of section 50 of PAIA must be made on the form contained in the Regulations Regarding the Promotion of Access to Information (Form C). A copy of the form is attached as Appendix A. The request must be made for the attention of T&O at the address or email address, specified in Section 1 above.

A requester must provide sufficient detail on the prescribed form to allow T&O to identify the record or records which have been requested and the identity of the requester. If a request is made on behalf of another person or entity, the requester must submit details and proof of the capacity in which the requester is making the request, which must be reasonably satisfactory to T&O. The requester is also required to indicate the form of access to the relevant records that is required, and to provide his, her or its contact details in the Republic of South Africa.
The requester must identify the right that he, she or it is seeking to exercise by accessing records held by T&O and must explain why the particular record or records requested is or are required for the exercise or protection of that right.

6. PRESCRIBED FEES
Depending on your request, we may be entitled to charge you certain fees. The fees which may be payable are on the SAHRC website www.sahrc.org.za. Before attending to your request we will advise you of the total fees you will need to pay.


 

APPENDIX A TO PAIA MANUAL

FORM C


REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act, 2000
(Act No. 2 of 2000)

[Regulation 10]

A. Particulars of private body

The Head:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

B. Particulars of person requesting access to the record

(a) The particulars of the person who requests access to the record must be given below.
(b) The address and/or fax number in the Republic to which the information is to be sent must be given.
(c) Proof of the capacity in which the request is made, if applicable, must be attached.

Full names and surname:
_______________________________________________________
Identity number:
_____________________________________________________________
Postal address:
_____________________________________________________________
Fax number:
Telephone number: ____________________________________________
E-mail address:________________________________________________
Capacity in which request is made, when made on behalf of another person:

____________________________________________________________________________________________________________________________________________________________________________________________________________


C. Particulars of person on whose behalf request is made

This section must be completed ONLY if a request for information is made on behalf of another person.

Full names and surname:
Identity number:


D. Particulars of record

(a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
(b) If the provided space is inadequate, please continue on a separate folio and attach it to this form.
The requester must sign all the additional folios.


1 Description of record or relevant part of the record:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
2 Reference number, if available: __________________________________________________________________
3 Any further particulars of record: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

E. Fees

(a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
(b) You will be notified of the amount required to be paid as the request fee.
(c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.
(d) If you qualify for exemption of the payment of any fee, please state the reason for exemption.

Reason for exemption from payment of fees: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

F. 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 hereunder, state your disability and indicate in which form the record is required.

Disability: ____________________________________________ Form in which record is required: __________________________ Form in which record is required
Mark the appropriate box with an X.

NOTES:
(a) Compliance with your request in the specified form may depend on the form in which the record is available.
(b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
(c) The fee payable for access for the record, if any, will be determined partly by the form in which access is requested.

G Particulars of right to be exercised or protected

If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.

1. Indicate which right is to be exercised or protected: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
2. Explain why the record requested is required for the exercise or protection of the aforementioned right:
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________


H. Notice of decision regarding request for access

You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.






How would you prefer to be informed of the decision regarding your request for access to the record?
____________________________________________________________________________________________________________________________________________________________________________________________________________


Signed at…………………………. This………… day of …………………………….20

SIGNATURE OF REQUESTER / PERSON ON
WHOSE BEHALF REQUEST IS MADE