PAIA Manual

Promotion of Access to Information Act, 2 of 2000

  1. INTRODUCTION

 

1.1       In terms of the Bill of Rights, in section 32 of the Constitution of the Republic of South Africa, Act No.108 of 1996 every person has a right to access to information. In order to fulfill this constitutional obligation, the Promotion of Access to Information Act No. 2 of 2000 (“the Act”) was promulgated.

 

1.2       The purpose of the Act is to give effect to the constitutional right of access to any information held by the state, public and private bodies as well as information held by another person that is required for the exercise or protection of any right.

 

1.3       The motivation for giving effect to the right of access to information is to:

 

1.3.1      Foster a culture of transparency and accountability in both public and private bodies; and

 

1.3.2      Promote a society in which people have access to information to enable them to more fully exercise and protect all their rights.

 

1.3.3      Section 9 of the Act, however recognizes that such right to access to information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:

 

1.3.3.1     Limitations aimed at reasonable protection of privacy;

 

1.3.3.2     Commercial confidentiality; and

 

1.3.3.3     Effective, efficient and good governance;

 

1.3.3.4     In manner that balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.

 

  1. PURPOSE

 

2.1       The purpose of this manual is to facilitate requests for access to records of the South African National   Blood Service (“SANBS”).

 

2.2       This manual is not exhaustive of, nor does it comprehensively deal with, every procedure provided for in the requests to SANBS in terms of the Act.

 

2.3       SANBS makes no representation and gives no undertaking or warranty that the information in this manual or this manual or of any information provided by SANBS or from any error therein.

 

2.4       All users irrevocably agree to submit exclusively to the laws of the Republic of South Africa and to the exclusive jurisdiction of the Courts of South Africa in respect of any dispute arising out of the use of this manual or any information provided by SANBS.

 

  1. AVAILABILITY OF THE MANUAL

 

This manual may be obtained by a Requestor: (i) on SANBS’ website; (ii) on receipt of a  written request to the Information Officer or Deputy Information Officer; or (iii) at the South African Human Rights Commission.

 

  1. SANBS BACKGROUND

 

SANBS is a not for profit company, duly incorporated in terms of the Companies Act, 71 of 2008, and is licensed under section 53 of the National Health Act, 61 of 2003. SANBS’s mandate is to provide blood transfusion and related services.

 

  1. ORGANISATIONAL STRUCTURE OF THE SANBS

organisational-structure-of-sanbs

  1. INFORMATION OFFICERS AND CONTACT DETAILS:

 

6.1       Name:  Mr. Trevor Vroom

 

Postal address: SANBS, Private Bag X 14, Weltevreden Park, 1715.

 

Physical address: No 1 and 2 Constantia Boulevard, Constantia Kloof, 1709.

 

Telephone numbers: (011) 761 9111.

 

Facsimile number: (011) 761 9113.

 

E-mail: trevor.vroom@sanbs.org.za

 

6.2       Deputy Information Officer.

 

Name: Mr. Ridwaan Bardien.

 

Physical address: No 1 and 2 Constantia Boulevard, Constantia Kloof, 1709.

 

Postal address: SANBS, Private Bag X 14, Weltevreden Park,1715.

 

Telephone number: (011) 761 9338.

 

Facsimile number: (011) 761 – 9113.

 

E-mail: Ridwaan.Bardien@sanbs.org.za

 

 

 

  1. GUIDE OF THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION

 

The South African Human Rights Commission has published a guide in terms of section 10 of the Act, which contains such information as may reasonably be required by a person who wishes to exercise any right contemplated in the Act. Any enquiries regarding this guide should be directed to the South African Human Rights Commission: PAIA Unit, The Research and Documentation Department, Private Bag X2700, Houghton, 2041; Telephone Number: (011) 484-8300, Facsimile Number: (011) 484-1360, Website: www.sahrc.org.za E-mail Address: paia@sahrc.org.za

 

  1. INFORMATION AUTOMATICALLY AVAILABLE – SECTION 14 (1) (e) 

 

The following information is freely available for inspection, without a requester making a formal request in terms of the Act:

Annual Reports; and

Media releases.

 

  1. RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION – SECTION 51 (1) (d) 

 

Although this list of legislation is not exhaustive, records are available in terms of the following legislation:

 

9.1       Companies Act, 71 of 2008;

 

9.2       Basic Conditions of Employment Act, 75 of 1997;

 

9.3       Labour Relations Act, 66 0f 1996;

 

9.4       Income Tax Act, 58 of 1962;

 

9.5       Employment Equity Act, 55 of 1998;

 

9.6       National Health Act 61, of 2003;

 

9.7       Compensation for Occupational Injuries and Diseases Act, 130 of 1993;

 

9.8       Unemployment Insurance Act, 30 of 1966;

 

9.9       Value Added Tax Act, 58 of 1992;

 

9.10    Trade Marks Act, 194 of 1993; and

 

9.11    Skills Development Levies Act.

 

  1. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS

 

SANBS may refuse a request for information on the following grounds:

 

10.1    Mandatory protection of privacy of a third party who is a natural person;

 

10.2    Mandatory protection of the commercial information of a third party;

 

10.3    Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;

 

10.4    Mandatory protection of the safety of individuals and protection of property;

 

10.5    Mandatory protection of the commercial activities of the SANBS;

 

10.6    Research information the SANBS or a third party, if its disclosure would disclose the identity of SANBS, the    Researcher or the subject matter of the research and would place the research at a disadvantage;

 

10.7    Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused.

 

  1. INFORMATION NOT AUTOMATICALLY AVAILABLE (SECTION 14 (1) (e)

 

The following records are not automatically available without a request in terms of the Act:

 

11.1    Blood procurement records

Donor consent questionnaire: contains relevant donor information and confidential questionnaire.

Donor and donation record: contains relevant donor information and the numbers and frequencyof donations.

“Bleeding” sheet: contains donor’s name, identity criteria and blood group.

Blood pack label: contains label attached to the blood pack that contains all relevant donor details, the place of donation and the date of expiry of the blood.

“Down-time” records: contains all relevant donor information for use in the event of the electronic information system being off-line.

 

11.2    Quality management

Document control records: contain information relating to the Quality Manual Policy documents and Standard Operating Procedures.

Records index: contains an index of current and archived records relating to the quality of product and services provided.

Quality Control results: contains information relating to tests performed on products and reagents.

Complaints and non-conformance reports: contains information regarding             nonconformance to standards and records of corrective actions taken.

Records of superseded procedures, manuals and publications.

 

11.3    Research and development

Study and research records: contains information on research protocols, approval certificates data and study reports.

Manufacturing documentation: contains information relating to growth factor production.

Chronic wound treatment records: contains information and photographic records of treatment processes.

 

11.4    Information technology

Blood bank module: an interactive information system that integrates blood donor, donated blood unit, testing and patient information.

Laboratory modules: an interactive information system that contains all relevant laboratory data.

Accounts receivable module: contains interactive information system that stores and retrieves patient charge information.

Databases: containing information relating to the screening and blood grouping of donated blood.

Data repository system: stores historical donated blood records and is used to determine trend analyses and blood donor profiling.

Clocking system: controls and records information relating to employee working hours and movements.

 

11.5    Special investigations laboratory

Donor blood reaction records.

All of the patient demographics.

All of the tests that were performed with the patient and the donor units;

A name of a contact hospital where the report has to go to.

An antibody investigation form is kept which contains the donor’s demographics and all the relevant serological tests for irregular blood groups antibodies with a conclusion attached.

Antenatal records are kept of pregnant females, which include the patient’s name and clinic demographics. It also contains the blood group, Rh type and irregular antibody tests.

 

11.6    Reagents laboratory

 

A record is kept of the production of every batch of reagents. This includes the type of reagent, batch number, expiry date and the validity of the reagent for the specified test.

 

11.7    Tissue immunology

A record of all HLA typing performed is kept; this will include the patient or donor demographics. It will also include the Histocompatibility type of the person. A record is kept of bone marrow donors where the HLA type and relevant details of the donor will be kept.

 

11.8    Quality assurance laboratory

 

A record is kept of all standard operating procedures, which are used throughout the SABS. This includes all of the relevant procedures followed. A record is kept of all tests performed related to quality throughout the SANBS. This includes the type of material and the test performed. A conclusion as to the validity of the reagent is added to every report.

 

11.9    Components production laboratory

 

A label for the blood unit will be printed which contains all relevant details of the donor. A record is kept as to all of the various components that the unit of blood is divided into.

 

11.10  Incorporation documents

The Memorandum of Incorporation of SANBS.

The SANBS registration documents.

 

11.11  Constitution of the company

Minutes of meetings of the members and directors of SANBS.

Register of directors of SANBS.

Power of attorney agreements and a list of persons authorized to bind SANBS.

Statutory register of SANBS.

License to practice as a blood transfusion service.

 

11.12  Financial records of the SANBS

Accounting records, books and documents of SANBS.

Annual financial reports of SANBS.

Details of the financial auditors of SANBS.

Auditor’s reports in respect of audits conducted on SANBS.

Tax returns of SANBS.

VAT, PAYE and UIF records.

Documents relating to employee tax directives.

 

11.13  Human resources / employment records

List of employees.

Employee benefits.

Other information relating to employees of SANBS.

 

11.14  Medical records

All other medical records not previously specified, kept for medico-legal reasons.

 

11.15  Correspondence

Correspondence with third parties.

 

11.16  Miscellaneous agreements of SANBS

Agreements relating to trading activities of SANBS.

Agency, supply and distribution agreements.

 

12     REQUEST PROCEDURE

 

12.1    Requester

 

There are two types of a Requester:

A personal requester is a requester who is seeking access to a record containing personal information about the requester. SANBS will voluntarily provide the requested information, or give access to any record with regard to the requester’s personal information. The prescribed fee for reproduction of the information requested will be charged.

A Requester (other than a personal requester) is entitled to request access to information on third parties. However, SANBS is not obliged to voluntarily grant access. A Requester must fulfill the prerequisites for access in terms of the Act, including the payment of the prescribed access fee.

The Requester must comply with all the procedural requirements contained in the Act relating to the request for access to a record.A requester must complete the prescribed forms and make payment of a request fee and a deposit, if applicable. SANBS will process the request within 30 days. A Requester shall be informed, in writing, whether access is granted or denied.

 

12.2    Forms to be used when requesting information from SANBS

 

SANBS is public body as envisaged in the Act. The following is a guideline to assist Requestors in deciding which form is to be used when requesting information from SANBS in terms of this manual.

 

12.2.1   SANBS is a public body. A Requestor must use FORM A annexed hereto to request information.

 

12.3    Request

 

12.3.1   A request for access to a record must be made on the prescribed form to the Information Officer or the Deputy Information Officer at his/her address, fax number or e-mail address. The Requester must provide sufficient detail on the request form to enable an official of SANBS to identify the record requested and the Requester. When completing a request on the prescribed form, the Requester should also indicate:

 

The preferred language if applicable;

 

Whether the Requester wishes to be informed of the decision in another manner inaddition to a written reply; and

 

A fax number and/or postal address.

 

If a request is made on behalf of another person, then the Requester must submit proof of the capacity in which the Requester is making the request to the reasonable satisfaction of the Information Officer. If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.

 

The requester, if applicable, must pay the prescribed fee, before any further processing can take place.

 

The form must be adequately completed, with sufficient particulars so that the official of the SANBS can identify:

From where and from whom the request is made;

What record(s) are being requested;

What the access fee will be should access be granted.

Requests can be submitted electronically, via fax or posted to SANBS.

 

  1. FEES

 

The Act provides for two types of fees, namely:

 

13.1    A request fee, which is a standard fee; and

 

13.2    An access fee, which must be calculated by taking into account reproduction costs, search and preparation time and cost, as well as postal costs.

 

When a request is received by the Information Officer or the Deputy Information Officer, such officer shall by notice request the Requester, other than a personal requester, to pay the prescribed request fee (if any), before the request can be processed. If a search for the record has been made and the preparation of the record for disclosure, including arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, the Information Officer or the Deputy Information Officer shall notify the Requester to pay as a deposit, the prescribed portion of the access fee which would be payable if the request is granted.

 

A Requester whose request for access to a record has been granted, must pay an access feefor reproduction and for search and preparation, and for any time reasonably required in  excess of the prescribed hours to search for and prepare the record for disclosure including  making arrangements to make it available in the request form.  If a deposit has been paid in respect of a request for access, which is refused, then the Information Officer or Deputy Information Officer must repay the deposit to the Requester.

 

  1. DECISION

 

SANBS will, within thirty (30) days of receipt of a request, decide whether to grant or decline the request and give notice with reasons to that effect. The thirty (30) day period within which SANBS has to decide whether to grant or refuse the request, may be extended for a further period of not more than thirty (30) days if a request is for a large number of information, or the request requires a search for information held at another office of SANBS and the information cannot reasonably be obtained within the original thirty (30) day period. SANBS will notify the requester in writing should an extension be sought.

 

  1. REMEDIES AVAILABLE WHEN A REQUEST IS REFUSED

 

SANBS does not have internal appeal procedure in place to facilitate appeals against the decisions of the Information Officer or Deputy Information Officer. An aggrieved Requester may approach to seek appropriate relief.

 

  1. ARRANGEMENTS OR PROVISIONS FOR A PERSON BY CONSULTATION TO MAKE REPRESENTATIONS OR OTHERWISE TO PARTICIPATE IN OR INFLUENCE A FORMULATION OF POLICY OR THE EXERCISE OF POWERS OR PERFORMANCE OF DUTIES BY SANBS

 

Members of the public who are blood donors influence the formulation of SANBS policies through their elected representatives, who are the members of SANBS, appointed at the National Council meetings.

 

  1. RECORDS THAT CANNOT BE FOUND

 

If SANBS searches for a record and it is believed that the record either does not exist or cannot be found, the Requester will be notified by way of an affidavit or affirmation. This will include the steps that were taken to try to locate the record.

 

  1. THE PRESCRIBED FORMS AND FEES

 

The prescribed forms and fees are available on the website of the Department of Justice and Constitutional Development at www.doj.gov.za, under the regulations section.

 


FORM A REQUEST FOR ACCESS TO RECORD OF PUBLIC BODY

 

(Section 17 (2) of the Promotion of Access to Information Act, 2000) (Act. No. 2 of 2000)

[Regulation 10]

 

A. Particulars of public body 

 

The Information Officer/Deputy Information Officer:

The particulars of the person who requests access to the record must be given below.

The address and/or fax number in the Republic to which the information is to be sent must be given.

Proof of the capacity in which the request is made, if applicable, must be attached.

 

 


 


 


 

B. Particulars of person requesting access to the record 

Full names and surname:

 


 


Identity number:

 


Postal Address:

 


 


 


Fax Number:

 


 

Telephone number:

 


E-mail Address:

 


Capacity in which the 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

 

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.

 

In 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:

 


 


 


Reference number, if available:

 


 

Any further particulars of record:

 


 


E. Fees

 

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.

You will be notified of the amount required to be paid as the request fee.

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.

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 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 case you will be informed if access will be granted in another form.

c)      The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.

 

  1. If the record is in written or printed form:

 

Copy of record*
Inspection of record

2. If the record consists of visual images (this includes photographs, slide, video recordings, computer – generated images, sketches etc.):

 

View the images
Copy of the images*
Transcription of the images*

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

 

Listen to the soundtrack (audio cassette)
Transcription of soundtrack* (written or printed document)

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

 

Printed copy of
Printed copy of information derived from the record*
Copy in computer readable form* (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 payable)

Note: that if the record is not available in the language you prefer, access may be granted in the language in which the record is available.

 

In which language would you prefer the record?

 


 

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

 

SIGNATURE NOT REQUIRED WHEN SUBMITTED ONLINE

 

Prescribed Fees in respect of Public Bodies  

 

The following fees have been prescribed in the Regulations promulgated in terms of the Act and must be paid by a requester before SANBS contact persons can make any records requested available to the requester.

 

The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof.

 

The fees for reproduction referred to in regulation 11(1) are as follows:

 

For every photocopy of an A4-size page or part thereof. R1.10
For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form. R0.75
For copy in a computer-readable on:

·       Stiffy disc.

·       Compact disc.

 

R7.50

R70.00

For a transcription of visual images, for an A4-size page or part thereof.

For a copy of visual images.

R40.00

R60.00

For a transcription of an audio record, or an A4-size page or part thereof.

For a copy of an audio record.

R20.00

R30.00

 

The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R50.00.

The access fees payable by a requester referred to in regulation 11(3) are as follows:

 

For every photocopy of an A4-size page or part thereof. R1.10
For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form. R0.75
For copy in a computer-readable on:

(i)          Stiffy disc.

(ii)         Compact disc.

 

R7.50

R70.00

For a transcription of visual images, for an A4-size page or part thereof.

For a copy of visual images.

R40.00

R60.00

For a transcription of an audio record, for an A4-size page or part thereof.

For a copy of an audio record.

R20.00

R30.00

To search for and prepare the record for disclosure, for each hour or part of an hour reasonably required for such search and preparation. R30.00

 

For purposes of section 54(2) of the Act, the following applies:

Six hours as the hours to be exceed before a deposit is payable;

One third of the access fee is payable as a deposit by the requester.

The actual postage is payable when a copy of a record must be posted to a requester.

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