PAIA Manual

1. Introduction

This manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2 of 2000 (PAIA). PAIA gives effect to the constitutional right of access to any information held by the State or by another person that is required for the exercise or protection of any rights. Every private body with more than a specified number of employees is required to compile a manual as prescribed.

ConsultingWorx (operated as a sole proprietorship by Wayne Levine) is committed to transparency and to fulfilling its obligations under PAIA. This manual sets out the types of records held by ConsultingWorx, the categories of records available without a request, the procedure for requesting access to records, and the remedies available when access is refused.

2. Contact Details of the Information Officer

The Information Officer is the person responsible for facilitating requests for access to records in accordance with PAIA. All PAIA requests must be directed to the Information Officer using the contact details above.

3. Guide on How to Use PAIA

The South African Human Rights Commission (SAHRC) has compiled a guide on how to use PAIA, as required under Section 10 of PAIA. This guide is available from the SAHRC at:

4. Records Available Without a Formal Request

The following records are automatically available to the public without the need to submit a formal PAIA request:

• This PAIA Manual (published on our website)
• Privacy Policy / POPIA Notice (published on our website)
• Terms and Conditions of Service (published on our website)
• General marketing and business information published on our website

5. Categories of Records Held by ConsultingWorx

5.1 Client and Engagement Records

• Client contracts, engagement letters and service agreements
• Consulting reports, deliverables and work products
• Correspondence with clients (email, written communications)
• Invoices, payment records and statements of account
• Project notes, research materials and working papers

5.2 Personnel and Human Resources Records

• Employment or contractor agreements
• Personal information of employees or contractors (where applicable)
• Performance records and agreements

5.3 Financial Records

• Annual financial statements
• Tax records and supporting documentation
• Banking and payment records
• Accounting records

5.4 Corporate and Regulatory Records

• Business registration documentation
• Tax compliance certificates
• Professional memberships and accreditations
• Insurance documentation

5.5 Information Technology and Data Records

• Website and digital platform records
• Website contact form submissions
• Email communication logs
• Data processing records (as required by POPIA)

6. How to Request Access to Records

Any person wishing to request access to records held by ConsultingWorx must submit a request using the prescribed Form C (available from the SAHRC website or on request from the Information Officer) and direct it to the Information Officer.

6.1 Request Requirements

Your request must include:

• Your full name, identity number and contact details
• A description of the record(s) requested
• The form in which you wish to receive the records (e.g., copy, inspection)
• If you are acting on behalf of another person, proof of authority
• The right you are seeking to exercise or protect and an explanation of why the requested record is required

6.2 Request Fee

A request fee of R50.00 (as prescribed by regulation) is payable upon submission of a request. Additional fees for reproduction of records may apply. No fee is payable by a personal requester seeking access to their own personal information.

6.3 Response Timeframe

ConsultingWorx will respond to a request within 30 days of receipt of the request (or within such extended period as permitted by PAIA). If a request is refused, reasons will be provided in writing.

7. Grounds for Refusal of Access

Access to records may be refused on one or more of the following grounds as set out in PAIA:

• Mandatory protection of privacy of a third party (Sections 63–64)
• Mandatory protection of commercial information of a third party (Section 64)
• Mandatory protection of certain confidential information of a third party (Section 65)
• Mandatory protection of safety of individuals and property (Section 66)
• Mandatory protection of records privileged from production in legal proceedings (Section 67)
• Commercial information of the private body itself (Section 68)
• Research information of the private body (Section 69)
• The record does not exist or cannot be found (Section 23)

8. Remedies in the Event of a Refusal

If your request for access to records is refused, or if no response is received within the prescribed timeframe, you may:

• Lodge an internal appeal (where applicable)
• Apply to a court of competent jurisdiction for relief in terms of Section 78 of PAIA
• Lodge a complaint with the Information Regulator of South Africa

9. Records That Cannot Be Found or Do Not Exist

If ConsultingWorx is unable to locate a record, or if it is established that the record does not exist, the Information Officer will notify the requester in writing. In such circumstances, the request is treated as having been refused and the requester is entitled to pursue the remedies described in Section 8 above.

10. Updating This Manual

This manual will be updated from time to time as required by law or as the operations of ConsultingWorx change. The most current version of this manual will be published on the ConsultingWorx website at www.consultingworx.co.za/paia.html.