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SAA PAIA Manual

This document provides a summary of South African Airways' (SAA) manual for access to information requests in accordance with the Promotion of Access to Information Act. It outlines SAA's company overview, the scope of the manual, administration of access requests, procedures for submitting requests, factors considered in requests, and categories of records held by SAA. Requesters must submit a formal request form, after which SAA will acknowledge receipt within 14 days and advise if the information is accessible within 30 days, possibly extending the period by another 30 days under certain conditions. Requesters will need to pay any prescribed fees before records are provided.
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0% found this document useful (0 votes)
76 views16 pages

SAA PAIA Manual

This document provides a summary of South African Airways' (SAA) manual for access to information requests in accordance with the Promotion of Access to Information Act. It outlines SAA's company overview, the scope of the manual, administration of access requests, procedures for submitting requests, factors considered in requests, and categories of records held by SAA. Requesters must submit a formal request form, after which SAA will acknowledge receipt within 14 days and advise if the information is accessible within 30 days, possibly extending the period by another 30 days under certain conditions. Requesters will need to pay any prescribed fees before records are provided.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 16

MANUAL OF SOUTH AFRICAN AIRWAYS SOC LIMITED ("SAA")

(AN AIRLINE)

PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF


ACCESS TO INFORMATION ACT NO.2 OF 2000

(PRIVATE BODY)
TABLE OF CONTENTS

1 INTRODUCTION ........................................................................................................... 2
2 COMPANY OVERVIEW ................................................................................................ 2
3 SCOPE OF THE MANUAL ............................................................................................ 3
4 ADMINISTRATION OF THE ACT.................................................................................. 3
5 PROCEDURE FOR ACCESS TO INFORMATION REQUESTS.................................... 3
6 NOTES ON THE REQUEST PROCEDURES ................................................................ 5
7 FACTORS TO BE TAKEN INTO CONSIDERATION WHEN REQUESTING
ACCESS TO RECORDS HELD BY SAA ...................................................................... 5
8 GUIDE FOR REQUESTERS ON HOW TO USE THE ACT ........................................... 6
9 CATEGORIES OF RECORDS ...................................................................................... 7
10 AVAILABILITY OF THE MANUAL .............................................................................. 11
11 PRESCRIBED FEES ................................................................................................... 11
12 APPLICATION TO COURT ......................................................................................... 12

SAA PAIA Manual Page 1 of 15


1 INTRODUCTION
1.1 This Manual, together with the prescribed forms and fees relating to request for
information has been prepared and published by South African Airways SOC
Limited (SAA) in accordance with the requirements of section 51 of the Promotion
of Access to Information Act 2 of 2000. Its purpose is to facilitate access to
records held by SAA to meet the objectives of the act. Requesters may print the
forms on line to request the information.

Payment for these records should be made to SAA before a request for access
can be fulfilled.

1.2 Pursuant to the provisions of Section 32 of the Constitution of the Republic of


South Africa, 1996, the Promotion of Access to Information Act, of 2000 ("the
Act") was promulgated in order to foster a culture of transparency and
accountability in public and private bodies, by giving effect to the right of access to
information, and actively promote a society in which the people of South Africa
have effective access to enable them to more fully exercise and protect all of the
rights as enshrined in the Constitution.
1.3 The Act establishes voluntary and mandatory mechanisms or procedures to give
effect to the constitutional right to information in a manner which enables persons
to obtain records of both public and private bodies as swiftly, inexpensively and
effortlessly, as reasonably possible and generally to promote transparency,
accountability and effective governance of all public and private bodies by,
including, but not limited to, empowering and educating everyone:
1.3.1 to understand their rights in terms of the Act, in order to exercise their
rights in relation to public and private bodies;
1.3.2 to understand the functions and operation of public bodies; and
1.3.3 to effectively scrutinise, and participate in decision–making by public
bodies that affect their rights.
1.4 One of the main requirements specified in the Act is the compilation of a manual
that provides information on both the types and categories of records held by
public and private bodies.
1.5 This document serves as the SAA Manual in terms of the Act, and provides a
reference as to the records held, and the process that needs to be followed to
request access to such records.
1.6 Should you have any difficulty in using this guide, do not hesitate to contact the
relevant Information Officer, described in paragraph 4 hereunder.

2 COMPANY OVERVIEW
SAA is a state-owned company incorporated in terms of the Companies Act 71 of
2008. It is owned by the Government of the Republic of South Africa as represented by
the Minister of Finance. The business of the Company is to engage in passenger

Page 2 of 15
airline and cargo transport services; air charter services; and other related services. Its
subsidiaries are SAA Technical SOC Limited, Air Chefs SOC Limited, SAA City Centre
SOC Limited and Mango SOC Limited.

3 SCOPE OF THE MANUAL


The scope of this manual covers SAA and its subsidiaries.

4 ADMINISTRATION OF THE ACT


4.1 The Group Chief Executive Officer ( Group CEO) of SAA is the Information Officer
of the entity and has duly authorised the Company Secretary mentioned below to
ensure that the requirements of the Act are administered in a fair, objective and
unbiased manner:
4.1.1 Information Officer : Chief Executive Officer
Postal Address : Private Bag X 13, OR Tambo International
Airport, Kempton Park, 1627
Street Address : 1 Jones Road, OR Tambo International
Airport, Kempton Park, 1620
Business Phone : 011 978 6068/6329
Email Address: : [email protected]
Website : www.flysaa.com

4.1.2 Deputy Information : Ruth Kibuuka


Officer
Postal Address : Private Bag X 13, OR Tambo International
Airport, Kempton Park, 1627
Street Address : 1 Jones Road, OR Tambo International
Airport, Kempton Park, 1620
Business Phone : 011 978 2763/6553
Email Address : [email protected]
[email protected]

5 PROCEDURE FOR ACCESS TO INFORMATION REQUESTS


5.1 Request for information can either be done online or alternatively:
5.1.1 print the formal request form, attached hereto as "Annexure 1" (Form C),
also available on the webpage and/or at SAA's office at the address
mentioned in paragraph 4 above;
5.1.2 fill in all fields in the request form or rewrite the details in an e-mail;

Page 3 of 15
5.1.3 send your request through to the address of the Information Officer
referred to above.
5.2 SAA will acknowledge receipt of a request, in writing, within fourteen (14) days of
receipt thereof, and advise within 30 (thirty) days as to whether your information is
accessible and how and where you may collect it. Should a requester not receive
an acknowledgement of receipt in writing within fourteen (14) days, the requester
should kindly contact the Information Officer to ensure that the request has been
received.
5.3 The 30 (thirty) days period referred to in 5.2 above ("the original period") within
which SAA will make a decision on your request, may be extended once for a
further period of not more than 30 days, if:
5.3.1 the request is for a large number of records or requires a search through a
large number of records and compliance with the original period would
unreasonably interfere with activities of SAA;
5.3.2 the request requires a search for records in, or collection thereof from, an
office of SAA not situated at the address mentioned in 4 above, that cannot
reasonably be completed within the original period;
5.3.3 consultation among divisions of SAA or another entity is necessary or
desirable to decide upon the request that cannot reasonably be completed
within the original period;
5.3.4 more than one of the circumstances contemplated in 5.3.1 to 5.3.3 exist in
respect of the request making compliance with the original period not
reasonably possible; or
5.3.5 you, as the requester consents in writing to the extension.
5.4 Should SAA extend the original period referred to in 5.2, SAA shall as soon as
reasonably possible, but in any event within 30 days after the request is received,
notify you of the extension, the reasons for the extension and the period of the
extension.
5.5 You will be required to pay a deposit to SAA prescribed by the Act and specified
in paragraph 11, before the record that you have requested is made available to
you. Only after having paid the deposit will SAA begin searching for the required
information.
5.6 On receipt of the prescribed fee, SAA may reveal the record to you in the format
that you have requested on submission of the request form, or in the format that
the record exists in, if the requested format is not available.

Page 4 of 15
6 NOTES ON THE REQUEST PROCEDURES
6.1 Kindly note that it will assist us, in fulfilling your request, if you comply with the
procedures set out herein. You are therefore encouraged to use the request form
attached hereto as “Annexure 1”. Please do not hesitate to contact us through the
Information Officer at the abovementioned address, telephone number, fax and/or
email address (see paragraph 4). Please also ensure that you indicate your
capacity or designation within your organisation (where applicable), to assist us in
processing your request.
6.2 If you are requesting new information on behalf of another individual, please
indicate the capacity in which you are related to the individual or organisation, so
that we do not deny access to you on the basis that the information is confidential
to that party. Please ensure that you mention the format of the record that you
have requested when making your request, so that we can be of maximum
assistance to you. If you have a disability or if you are unable to read or write,
please contact our Information Officer who will assist you in completing your
request, as well as sending on to you a written copy of the request.
6.3 Each section of the form contains instructions that should be followed to improve
the likelihood of the request being granted. The requester must take the following
important notes into consideration when completing the request form:
6.3.1 where a request is made for records relating to an organisation, it is
recommended that the organisation's public officer and/or duly authorised
person, make or authorise the request. If the request is made on behalf of
another person, a copy of the mandate authorising the requester to act on
behalf of that person must be submitted with the duly completed form; and
6.3.2 the request should provide as detailed as possible, a description of the
records requested, to enable the Information Officer to identify them.

7 FACTORS TO BE TAKEN INTO CONSIDERATION WHEN REQUESTING ACCESS


TO RECORDS HELD BY SAA
7.1 The following factors must be taken into consideration before submitting a
request:
7.1.1 in terms of section 7(1), a record does not fall within the ambit of the Act if:
7.1.1.1 that record is requested for purposes of criminal or civil
proceedings;
7.1.1.2 the record is so requested after the commencement of such
criminal or civil proceedings, as the case may be; and
7.1.1.3 the production of or access to that record for the purpose referred
to in 9.1.1 above is provided for in any other law.

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7.1.2 Access to a record requested will be given if:
7.1.2.1 the request is properly made on the prescribed form;
7.1.2.2 proof of authority to act on behalf of another is provided, in cases
where the request is made as such;
7.1.2.3 the record requested is sufficiently described to enable SAA to
identify it;
7.1.2.4 the required fees have been paid; and
7.1.2.5 access to the record is not refused on one or more of the grounds
of refusal stipulated in the Act.
7.1.3 The grounds for refusal as set out in the Act, are categorised as follows:
7.1.3.1 mandatory protection of privacy of a third party who is a natural
person:
7.1.3.2 mandatory protection of commercial information of a third party;
7.1.3.3 mandatory protection of certain confidential information of a third
party;
7.1.3.4 mandatory protection of safety of individuals and protection of
property;
7.1.3.5 mandatory protection of records privileged from production in legal
proceedings;
7.1.3.6 commercial information of SAA and its subsidiaries; and
7.1.3.7 mandatory protection of research information of third party and
protection of research information of SAA and its subsidiaries.

8 GUIDE FOR REQUESTERS ON HOW TO USE THE ACT


8.1 The South African Human Rights Commission ("SAHRC") is responsible for
compiling a guide that will facilitate ease of use of the Act by requesters. This
guide will be available from the SAHRC. Please direct any queries to:

The South African Human Rights Commission


PAIA Unit
The Research and Documentation Department
Postal Address : Private Bag 2700, Houghton, 2041
Phone +27 (11) 484-8300
Fax : +27 (11) 484-0582
E-mail : [email protected]
Website : www.sahrc.org.za

Page 6 of 15
9 CATEGORIES OF RECORDS

9.1 RECORDS THAT ARE AUTOMATICALLY AVAILABLE


9.1.1 Information regarding SAA is accessible on the SAA website
(www.flysaa.com) without request.

9.2 RECORDS WHICH MAY BE MADE AVAILABLE ON REQUEST


9.2.1 STATUTORY RECORDS
9.2.1.1 Company Statutes
9.2.1.2 Share Registers and other statutory registers
9.2.1.3 Records of internal resolutions
9.2.1.4 Records relating to the appointment of directors/ auditors/
company secretary and other officers
9.2.2 INTELLECTUAL PROPERTY RECORDS
9.2.2.1 Licenses and licensing agreements
9.2.3 TAX RECORDS
9.2.3.1 Tax Returns
9.2.3.2 PAYE Records
9.2.3.3 Records of payments made to SARS on behalf of employees
9.2.3.4 All other records pertaining to VAT, STC, PAYE, Capital Gains
and any other documents required in terms of statute
9.2.4 FINANCIAL RECORDS
9.2.4.1 Annual Financial Statements
9.2.4.2 Asset Registers
9.2.4.3 Management Accounts
9.2.4.4 Title deeds
9.2.4.5 Leases
9.2.5 MARKETING AND COMMUNICATION RECORDS
9.2.5.1 Brochures, leaflets and advertising materials
9.2.5.2 Videos
9.2.5.3 Description of products and services
9.2.5.4 Records of Media releases
9.2.5.5 Copies of internal publications
9.2.5.6 Audio and video cassettes
9.2.6 HUMAN RESOURCES RECORDS
9.2.6.1 Policies, manuals and procedures
9.2.6.2 Forms and applications
9.2.6.3 Standard letters and Notices
9.2.6.4 Collective agreements

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9.2.6.5 Benefits arrangements rules and records
9.2.6.6 Returns to Unemployment Insurance Fund
9.2.6.7 Training schedules and materials
9.2.6.8 Occupational Safety and Health records
9.2.6.9 Employee Relations
9.2.6.10 Employment Equity Plan
9.2.6.11 Medical Aid records
9.2.6.12 Pension Fund records
9.2.6.13 Disciplinary proceedings records
9.2.6.14 Remuneration and benefits records
9.2.6.15 SETA records
9.2.6.16 Disciplinary code
9.2.6.17 Leave records
9.2.6.18 Training records
9.2.6.19 Training Manuals
9.2.6.20 Recruitment and selection records
9.2.7 PROCUREMENT RECORDS
9.2.7.1 Policies and procedures
9.2.7.2 Tender invitation and process records
9.2.7.3 Documents relating to acquisition of goods and services
9.2.7.4 Supplier agreements and service level agreements
9.2.8 CARGO RECORDS
9.2.8.1 General conditions of carriage of cargo
9.2.8.2 Airways bills
9.2.8.3 Identification labels for cargo contents
9.2.8.4 Destination labels
9.2.8.5 Account statements
9.2.8.6 Invoices
9.2.8.7 Credit notes
9.2.8.8 Rate cards
9.2.9 INFORMATION TECHNOLOGY RECORDS
9.2.9.1 Policy documentation
9.2.9.2 Systems documentation and manuals
9.2.9.3 Project, disaster recovery and implementation plans
9.2.10 OPERATIONS RECORDS
9.2.10.1 Permits, licenses, consents, approvals, authorisations,
applications and registrations

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9.2.10.2 Policies and procedures
9.2.10.3 Reports and supporting documents
9.2.10.4 Contractor, client and supplier agreements and information
9.2.10.5 Safety and quality standards and procedures
9.2.10.6 Security documents
9.2.10.7 Training manuals and approvals
9.2.10.8 Operating manuals
9.2.10.9 Customer database
9.2.11 AGREEMENTS
9.2.11.1 SAA and business partners
9.2.11.2 SAA and agents
9.2.11.3 SAA and suppliers
9.2.11.4 SAA and customers
9.2.11.5 Acquisition and disposal of assets
9.2.11.6 SAA and service providers
9.2.12 STRATEGY RECORDS
9.2.12.1 Mission statements
9.2.12.2 Policy statements and circulars
9.2.13 RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION
Where applicable to our operations information is also available in terms
of the following statutes:
Air Services Licencing Act of 115 of 1990
Air Services Regulations 1991
Airports Company (ACSA) Regulations
Basic Condition of Employment Act 75 of 1997
Broad Based Black Economic Empowerment Act 53 of 2003
Companies Act 71 of 2008 and Regulations
Accreditation for Conformity Assessments, Calibration and Good
Laboratory Act 19 of 2006
Civil Aviation Act 13 of 2009 and Regulations 1997
Civil Aviation Offences Act 10 of 1972
Carriage by Air Act 17 of 1946
Code of Practice on Employment of People with Disability Act
Competition Act 89 of 1998
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Consumer Protection Act of 68 of 2008
Customs and Excise Act 91 0f 1964

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Constitution of the Republic of SA 108 of 1996
Disaster Management Act 58 of 2002
Electronic Communication and Transaction Act 25 of 2002
Employment Equity Act 55 of 1998
Environmental Conservation Act / 1989
Financial Intelligence Centre Act (FICA)
Foodstuff and Cosmetics and Disinfectant Act of 54 of 1972
Health Act 63 of 1977
Health Professional Act 54 of 1974
Hazardous Substance Act 15 of 1973
Immigration Act 13 of 2000 and Regulations
Income Tax Act 58 of 1962
International Services Act 60 of 1993 and Regulations
International Air Services Transit Agreement (2(a) Act 10 of 1966)
International Health Regulations of 2005
International Standards for Professional Practice of Internal Auditing
Labour Relations Act 66 of 1995
Liquor Act 59 of 2003
Medical Aid Act
Medicine and Related Substance Control Act
National Electricity Regulation Act 4 of 2006
National Environment Management Act (NEMA) Act 107 of 1998
National Environment Management :Waste Management Act 59 of 2008
National Environment Management Air: Quality Act 39 of 2004
National Energy Act 34 of 2008
National Key Point Act 102 of 1980
National Qualification Framework Act 67 of 2008
Perishable Products Export Control Act 9 of 1983
Public Finance Management Act 1 of 1999
Preferential Procurement Policy Framework Act 5 Of 2000 and
Regulations of 2011
Prevention and Combating of Corrupt Activities Act 1 of 2004
Promotion of Access to Information Act 2 of 2000 (PAIA)
Promotion of Administrative Justice Act 3 of 2000
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of
2000
Protection of Personal Information Act 4 of 2013
Regulation of Interception of Communication and Provision of

Page 10 of 15
Communication Act 70 of 2002
Skills Development Act 97 of 1998
Skills Development Levies Act 9 of 1999
South African Passport and Travel Documents Act of 1994
SA Firearms control Act of 2000 and Regulations 2004
Tax Administration Act 28 of 2011
Treasury Regulations
Unemployment Insurance Fund Act 63 of 2001
Value Added Tax Act 89 of 1991

10 AVAILABILITY OF THE MANUAL


In accordance with paragraph 9 (1) of the Regulations to the Act, this manual will be
available at the Human rights Commission and is published on the SAA website
(www.flysaa.com).

11 PRESCRIBED FEES
11.1 The Act sets out two (2) types of fees, namely, a request fee and an access
fee, that are required to be paid prior to SAA accessing the request for
information.
11.2 A personal requester, that is the requester who requests access to a record
containing personal information, is not required to pay the request fee. Any
other requester will be required to pay such fee, as stipulated below.
11.3 Where the cost of collecting any fee in respect of the search and preparation
of a record for disclosure, exceeds the amount charged, such fee does not
apply.
11.4 The access fee in respect of the search, preparation and disclosure of
records does not apply to the personal record of a requester.
11.5 A request fee of R50.00 (excluding VAT) is payable up front where a
requestor submits a request for access to information other than for personal
information relating to the requestor himself/ herself
11.6 The applicable fees (excluding VAT) which will be payable are:

RECORD FEE
Copy per A4 Page R1.10
Printing per A4 page 75 cents
Copy on a CD R70
Transcription of visual images per A4 page R40
Copy of a visual image R60

Page 11 of 15
Transcription of an audio recording per A4 R20
page
Copy of an audio recording R30
Search and preparation of the record for R30 per hour or part thereof,
disclosure excluding the first hour,
reasonably required for the
search and preparation

12 APPLICATION TO COURT
12.1 A requester that is aggrieved by a decision of the Information Officer may by
way of an application, within 30 days of the date of the decision, apply to a
court for appropriate relief in terms of section 82 of the Act.
12.2 The court hearing the application may grant any order that is just and
equitable, including order:
12.2.1.1 confirming, amending or setting aside the decision which is the
subject of the application concerned;
12.2.1.2 requiring from the Information Officer to take such action or to
refrain from taking such action as the court considers necessary
within a period mentioned in the order;
12.2.1.3 granting an interdict, interim or specific relief, a declaratory order
or compensation; or
12.2.1.4 as to costs.

Page 12 of 15
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.
Description of record or relevant part of the record:

1 Reference number, if available:


2 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.

Page 13 of 15
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:
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 t he form in which
access is requested.
1. If the record is in written or printed form:

copy of record* inspection of record

2. If record consists of visual images


this includes photographs, slides, video recordings, computer-generated images, sketches, etc)

view the images copy of the images" transcription of the images*

3. If record consists of recorded words or information which can be reproduced in sound:

listen to the soundtrack transcription of soundtrack*

audio cassette written or printed document

4. If record is held on computer or in an electronic or machine-readable form:

printed copy of printed copy of information copy in computer readable form*

record* derived from the record" (stiffy or compact disc)

'If you requested a copy or transcription of a record (above), do you wish the copy or transcription to
be posted to you?

Postage is payable Yes No

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:

Page 14 of 15
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 on this day of 20

SIGNATURE OF REQUESTER / PERSON ON


WHOSE BEHALF REQUEST IS MADE

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