PAIA Manual

Prepared in terms of section 14 of the Promotion of Access to Information Act 2 of 2000 (as amended)

DATE OF COMPILATION: 01/09/2024

1. LIST OF ACRONYMS AND ABBREVIATIONS

1.1  “WWASA” Workplace Wellness Association South Africa NPC

1.2  “CEO” Chief Executive Officer

1.3  “DIO” Deputy Information Officer;

1.4  “IO“ Information Officer;

1.5  “Minister” Minister of Justice and Correctional Services;

1.6  “PAIA” Promotion of Access to Information Act 2 of 2000( as Amended;

1.7  “PFMA” Public Finance Management Act 1 of 1999 as Amended;

1.8  “POPIA” Protection of Personal Information Act 4 of 2013;

1.9  “Regulator” Information Regulator

1. PURPOSE OF PAIA MANUAL

This PAIA Manual is useful for the public to:

2.1   Check the nature of the records which may already be available at WWASA, without the need for submitting a formal PAIA request;

2.2  Have an understanding of how to make a request for access to a record of WWASA;

2.3  Access all the relevant contact details of the persons who will assist the public with the records they intend to access;

2.4  Know all the remedies available from WWASA regarding request for access to the records, before approaching the Regulator or the Courts;

2.5  The description of the services available to members of the public from WWASA, and how to gain access to those services;

2.6  A description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;

2.7  If the body will process personal information, the purpose of processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;

2.8  Know if WWASA has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and

2.9  Know whether WWASA has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be

3. ESTABLISHMENT OF WWASA

WWASA is a nonprofit company as defined in the the Companies Act, No 71 of 2008, and the Nonprofit Organisations Act, No 71 of 1997.

3.1.  Objectives/Mandate

The primary object of the Company is to become the leading voice of the Workplace Wellness industry, in a non-profit manner and for an altruistic or philanthropic purpose to provide benefits to its members and the industry.

4. STRUCTURE OF WWASA

4.1.  Structure

Executive Portfolios

    1. Chair Person
    2. Vice Chairperson
    3. CEO/Secretary
    4. General Board Member

Sub-Committee Portfolios

    1. Audit & Finance
    2. Executive
    3. Governance and Strategy
    4. Research

4.2    Functions

Networking: WWASA is an industry association platform for Employer Organisations, professionals and individuals as members to connect and network, which can lead to new opportunities and collaborations.

Education and Training:  WWASA will offer training, certification, and other educational resources to members, which will help them stay up to date on the latest research and industry trends and enhance their skills and knowledge.

Advocacy and Representation: WWASA will serve as a voice for the industry, representing its members' interests, and advocating for policies and initiatives that support the growth and development of the industry.

Research and Data:  WWASA will conduct research and collect data on industry trends, best practices, and outcomes, which will provide valuable insights to its members and the broader industry.

Promotion and Marketing: WWASA will promote the industry and its members through marketing and public relations efforts, which will increase visibility and attract new clients and customers.

Collaboration and Partnership: WWASA will facilitate collaboration and partnership among its members, which will lead to new business opportunities, shared resources, and the development of new products and services.

Standards and Guidelines: WWASA will develop and promote standards and guidelines for the industry, which will ensure consistency and quality in the products and services offered by its members.

Recognition: WWASA will accept nominations of individuals and companies deserving of recognition for exceptional achievement in the industry at the annual WWASA Captains of Industry Awards Ceremony.

Overall, WWASA will play a crucial role in supporting the growth and development of the Workplace Wellness industry, promoting best practices, and advancing the field's collective goals and objectives.manage, promote and protect the interests of the Workplace Wellness Industry;

And to carry on any ancillary activities which will complement the main objects of the Company   referred to in this clause.

5. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF WWASA

5.1  Chief Information Officer

Name:                               Chris Jacobus Luyt

Tel:                                   +27712592894

Email:                               chris@wwasa.org.za

Fax number:                     +27866032910

5.2  Deputy Information Officer (NB: if more than one Deputy Information Officer is designated, please provide the details of every Deputy Information Officer of the body designated in terms of section 17 (1) of PAIA)

Name:                               Adriaan Stephanus Engelbrecht

Tel:                                   +27712592894

Email:                               fanus@wwasa.org.za

Fax Number:                    +27866032910

5.3  Access to information general contacts

Email:  info@wwasa.org.za

5.4  National / Head Office

Postal Address:                621 Rhode Street, Faerie Glen, Pretoria, 0081

Physical Address:            621 Rhode Street, Faerie Glen, Pretoria, 0081

Telephone:                      +27712592894

Email:                              info@wwasa.org.za

Website:                           www.wwasa.org.za

6. DESCRIPTION OF ALL REMEDIES AVAILABLE IN RESPECT OF AN ACT OR A FAILURE TO ACT BY WWASA

The following remedies are available in respect of an act or a failure to act by the body:

  • internal appeal,
  • process for complaining to the Information Regulator or any regulatory body; and/or
  • process for approaching the Court with jurisdiction for appropriate

7. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE

7.1  The Regulator has, in terms of section 10(1) of PAIA, updated and made available the revised Guide on how to use PAIA (“Guide”), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA.

7.2  The Guide is available in each of the official

7.3  The aforesaid Guide contains the description of:

7.3.1  the objects of PAIA and POPIA;

7.3.2  the postal and street address, phone and fax number and, if available, electronic mail address of-

7.3.2.1  the Information Officer of every public body, and

7.3.2.2  every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA1 and section 56 of POPIA2;

7.3.3  the manner and form of a request for-

7.3.3.1  access to a record of a public body contemplated in section 113; and

7.3.3.2  access to a record of a private body contemplated in section 504;

7.3.4  the assistance available from the Information Officer of a public body in terms of PAIA and POPIA;

7.3.5  the assistance available from the Regulator in terms of PAIA and POPIA;

7.3.6  all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging-

7.3.6.1  an internal appeal;

1 Section 17(1) of PAIA- For the purposes of PAIA, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records.

2 Section 56(a) of POPIA- Each public and private body must make provision, in the manner prescribed in section 17 of the Promotion of Access to Information Act, with the necessary changes, for the designation of such a number of persons, if any, as deputy information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA.

3 Section 11(1) of PAIA- A requester must be given access to a record of a public body if that requester complies with all the procedural requirements in PAIA relating to a request for access to that record; and access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

 4 Section 50(1) of PAIA- A requester must be given access to any record of a private body if that record is required for the exercise or protection of any rights;

that person complies with the procedural requirements in PAIA relating to a request for access to that record; and

access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this

7.3.6.2  a complaint to the Regulator; and

7.3.6.3  an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;

7.3.7  the provisions of sections 145 and 516 requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;

7.3.8  the provisions of sections 157 and 528 providing for the voluntary disclosure of categories of records by a public body and private body, respectively;

7.3.9  the notices issued in terms of sections 229 and 5410 regarding fees to be paid in relation to requests for access; and

7.3.10  the regulations made in terms of section 9211.

7.4  Members of the public can inspect or make copies of the Guide from the offices of the public or private bodies, including the office of the Regulator, during normal working hours. The Guide can also be obtained-

5 Section 14(1) of PAIA- The information officer of a public body must, in at least three official languages, make available a manual containing information listed in paragraph 4 above.

 6 Section 51(1) of PAIA- The head of a private body must make available a manual containing the description of the information listed in paragraph 4 above.

7 Section 15(1) of PAIA- The information officer of a public body, must make available in the prescribed manner a description of the categories of records of the public body that are automatically available without a person having to request access

8 Section 52(1) of PAIA- The head of a private body may, on a voluntary basis, make available in the prescribed manner a description of the categories of records of the private body that are automatically available without a person having to request access

9 Section 22(1) of PAIA- The information officer of a public body to whom a request for access is made, must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

10 Section 54(1) of PAIA- The head of a private body to whom a request for access is made must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

 11 Section 92(1) of PAIA provides that –“The Minister may, by notice in the Gazette, make regulations regarding-

any matter which is required or permitted by this Act to be prescribed;

any matter relating to the fees contemplated in sections 22 and 54;

any notice required by this Act;

uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to be made available in terms of section 15; and

any administrative or procedural matter necessary to give effect to the provisions of this ”

7.4.1  upon request to the Information Officer;

7.4.2  from the website of the Regulator (https://www.justice.gov.za/inforeg/).

8. DESCRIPTION OF THE SUBJECTS ON WHICH THE BODY HOLDS RECORDS AND CATEGORIES OF RECORDS HELD BY WWASA

Subjects on which the body holds records:

Strategic Documents:

Plans

Proposals

Categories of records held on each subject

Annual Reports

Strategic Plan

Annual Performance Plan

Human Resources

  • HR policies and procedures;
  • Advertised posts;
  • Employees records;
  • Learning and      development:     skills development and training plans
  • Employment equity plan and statistics

9. CATEGORIES OF RECORDS OF WWASA WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS

Tender document

  • Advertised tender
  • Name of successful bidder
  • Legislation /Regulations

Strategic Documents (Plans and Report)

  • Organisational profile (Overview, Objectives, Functions, Architecture)
  • Annual Reports;
  • Strategic Plan;
  • Annual Performance Plan;

10. SERVICES AVAILABLE TO MEMBERS OF THE PUBLIC FROM WWASA AND HOW TO GAIN ACCESS TO THOSE SERVICES

  • Powers, duties and function

See 4.2

11. PUBLIC INVOLVEMENT IN THE FORMULATION OF POLICY OR THE EXERCISE OF POWERS OR PERFORMANCE OF DUTIES BY WWASA

As per the WWASA Memorandum of Incorporation

12. PROCESSING OF PERSONAL INFORMATION

12.1  Purpose of Processing

 The purpose for processing personal information in the organization is to obtain membership details.

12.2  Description of the categories of Data Subjects and of the information or categories of information relating thereto:

    • Natural Persons

Names and surname; contact details (contact number(s), fax number, email address); Residential, postal or business address; Unique Identifier/Identity Number and confidential correspondence

    • Juristic Persons

Names of contact persons; Name of legal entity; physical and postal address; contact details (contact number(s), fax number, email address); registration number; financial, commercial, scientific or technical information and trade secrets

    • Employees

Gender, pregnancy; marital status; Race age, language, educational information (qualifications); financial information; employment history; ID number; physical and postal address; contact details(contact number(s), fax number, email address); criminal behavior, well-being and their relatives ( family members) race, medical, gender, sex, nationality, ethnic or social origin, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience,  belief,  culture,  language,  biometric information of the person

12.3The recipients or categories of recipients to whom the personal information may be supplied

Identity number and names, for criminal checks

South African Police Services

Qualifications,  for  qualification verifications

South African Qualifications Authority

Credit and payment history, for credit information

Credit Bureaus

12.4 Planned transborder flows of personal information

Not Applicable

12.5  General Description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information

WWASA may process (which includes collecting) personal information where inter alia:

    • the information protection conditions are met;
    • the processing is performed in a reasonable manner that does not infringe on the data subject's privacy and is for a specific, explicitly defined, and lawful purpose related to a function or activity of the responsible party;
    • the data subject has been made aware of, inter alia, the nature of the information being collected, the identity of the responsible party, and the purpose of the collection of the information;
    • in relation to processing, such processing is adequate, relevant, and not excessive;
    • the data subject has consented thereto, or the processing is necessary for the conclusion of a contract, complies with an obligation imposed by law, protects a legitimate interest of the data subject, or is necessary for pursuing the legitimate interests of the responsible party or a third party to whom the information is supplied;
    • the personal information is collected directly from the data subject (unless the information has been made public by the data subject, the data subject has consented to collection from another source, the collection would not prejudice the data subject's interests, the collection is necessary per the grounds contemplated in POPIA, and the lawful purpose of the collection would be prejudiced or compliance is not reasonably practicable);
    • the data subject will continue to have access to the personal information (subject to certain exemptions); and
    • the responsible party has taken appropriate technical and organizational measures to safeguard the security of the information.

13. AVAILABILITY OF THE MANUAL

This Manual is made available in the following official language:

  • English;

A copy of this Manual or the updated version thereof, is also available as follows-

  • On www.wwasa.org.za;
  • at the head office of the public body for public inspection during normal business hours;
  • to any person upon request and upon the payment of a reasonable prescribed fee; and
  • to the Information Regulator upon

A fee for a copy of the Manual, as contemplated in annexure B of the Regulations, shall be payable per each A4-size photocopy made.

14. UPDATING OF THE MANUAL

WWASA will, if necessary, update and publish this Manual annually.

Issued by:

Chris Jacobus Luyt

Chief Executive Officer