PROMOTION OF ACCESS TO INFORMATION ACT (PAIA) MANUAL IN TERMS OF SECTION 14
TABLE OF CONTENTS
- INTRODUCTION TO THE ORGANISATION [Section 14(1)(a)] 3
- CONTACT DETAILS [Section 14(1)(b)] 4
- THE GUIDE TO USE THIS MANUAL [Section 14(1)(c)] 5
- AVAILABILITY OF THIS MANUAL [Section 14(3)] 6
- POLICY FORMULATION AND DECISION-MAKING [Section 14(1)(g)] 6
- THE INFORMATION AND CATEGORIES OF RECORDS WE HOLD.. 6
6.1 Voluntary disclosure and automatic availability of records [Section 15(1)(2)] 6
6.2 Information available in terms of other legislation.. 7
6.3 Information available at a request in terms of the Act [Section 14(1)(d)] 7
6.4 Other information as may be prescribed [section 14(1)(i)] 9
- PROTECTION OF PERSONAL INFORMATION.. 9
- PROCESS TO REQUEST ACCESS TO INFORMATION.. 11
- OUTCOME OF YOUR REQUEST.. 12
- REASONS WHY WE MAY REFUSE YOUR REQUEST.. 12
- WHAT YOU CAN DO IF YOU ARE DISSATISFIED WITH A DECISION.. 12
- PRESCRIBED FEES.. 13
- FORMS.. 13
- MANUAL APPROVAL.. 14
1. INTRODUCTION TO THE ORGANISATION [Section 14(1)(a)]
The Ehlanzeni TVET College does not have an explicit Constitutional mandate but operates under the mandate of the Department of Higher Education and Training (DHET) and principles as set out in Chapter 10, Section 195 of the Constitution of the Republic of South Africa. Section 195 (a)–(d), (f), and (h) have direct relevance to the work of the College:
(a) A high standard of professional ethics must be promoted and maintained.
(b) Efficient, economic, and effective use of resources must be promoted.
(c) Public administration must be development oriented.
(d) Services must be provided impartially, fairly, equitably, and without bias.
(e) Public administration must be accountable.
(f) Good human resource management and career development practices, to maximise human potential must be cultivated.
The College is a result of merging seven (7) campuses, as part of the process of merging the then 152 technical colleges into 50 technical colleges, an initiative launched and announced by the then Minister of Education, Professor Kader Asmal, as of 15 of March 2003. The work of the College strives towards achieving excellence, as it is committed to provide a quality teaching and learning environment that meets the expectations of its clients and the world of work.
The mandate of the College is:
- To form partnerships with business, industry, NGOs and government departments to support the curriculum and to provide work placement opportunities to students during their learning through Work Integrated Learning (WIL) programmes, and to graduates after completion of studies.
- To aid the government in reducing unemployment by offering programmes that are relevant to current economic and social needs.
- To participate in the implementation of the National Skills Development Strategy, National Development Plan and other national strategies. The College offers three (3) learning programmes, namely:
- Programme 1: Pre-Vocational Learning Programme (PLP);
- Programme 2: National Certificate Vocational (NCV); and
- Programme 3: Report 191 (Nated) Programme.
The College aims to achieve its mission and vision of providing world class, relevant and high-quality education and training through:
(a) Collaboration by continuously developing staff to meet the requirements of the evolving curriculum and demands of various businesses and industries by fostering collaboration and partnerships with them.
(b) Using technology to implement an efficient and effective system and ensuring that our infrastructure meets the demands of the curriculum and is well equipped for the changing environment and technological developments such as 4IR.
(c) Innovation by offering quality and relevant vocational and occupational programmes through diversified modes of delivery which accommodates lifelong learning initiatives bench marked with research, development and innovation based on local, national and global best practices and;
(d) Student development by continuously improving student support services system to assist students to reach their full potential.
2. CONTACT DETAILS [Section 14(1)(b)]
(a) The Information Officer
The Information Officer | Mr EM Mbuyane |
Postal Address | Private Bag X11297, Nelspruit, 1200 |
Physical Address | Corporate Centre, 29 Bell Street Nelspruit, 1200 |
Phone | (013) 752 7105 |
elias.mbuyane@ehlanzenicollege.co.za |
(b) Deputy Information Officers
The Information Officer has delegated his duties and responsibilities in terms of the Promotion of Access to Information Act (PAIA), No.2 of 2000 and Protection of Personal Information Act (POPIA), No.4 of 2013 to the Deputy Information Officers with the below details:
Initial and Surname | Phone | |
Mr B.C Kwayiyo | info@ehlanzenicollege.co.za | |
Mr J.M Chiloane | ||
Mr M.T Lukhele | ||
Mr N.E Mnisi | ||
Mr S Mogashoa | ||
Mr S.S Khumalo | ||
Ms A Mayosi | ||
Ms D.N Khoza | ||
Ms J.L Dibakoane | ||
Ms S.V Nkosi | ||
Ms N.R Mamba | ||
Postal Address | Private Bag X11297, Nelspruit, 1200 | |
Physical Address | Corporate Centre, 29 Bell Street Nelspruit, 1200 |
3. THE GUIDE TO USE THIS MANUAL [Section 14(1)(c)]
Section 10 of the PAIA requires a guide to be published by the Information Regulator (South Africa) with regard to reasonable requests by a person wishing to exercise or protect any rights in terms of the Act. Queries in this regard can be directed to the following contact details of the Information Regulator (South Africa):
Postal Address: P.O. Box 31533
Braamfontein, 2017
Business Address: JD House
27 Stiemens Street
Braamfontein
Johannesburg, 2001
Email: inforeg@justice.gov.za
Website: https://inforegulator.org.za
4. AVAILABILITY OF THIS MANUAL [Section 14(3)]
In accordance with paragraph 9(1) of the Regulations to the Act, this manual is published on the organisation’s website. This manual sets out to provide anyone who wants to access information in terms of PAIA with the necessary contact details and procedures to ask for that information from the organisation. It provides an overview of the structure and index of information of the organisation to help identify where the required information could be. It also provides the form and prescribed fees we require to assist you. The manual also sets out how we ensure the privacy of personal information that we hold and process.
5. POLICY FORMULATION AND DECISION-MAKING [Section 14(1)(g)]
The College’s decision-making processes involve wide consultation, and employees as well as other relevant stakeholders participate in formulating policies and making decisions within the organisation. The interested parties may submit comments and suggestions in writing to the Information Officer at the address provided in this Manual.
6. THE INFORMATION AND CATEGORIES OF RECORDS WE HOLD
6.1 Voluntary disclosure and automatic availability of records [Section 15(1)(2)]
The following categories of records and information are automatically available for inspection and do not require an application in terms of the Act. The information is available either on the organisation’s website https://www.ehlanzenicollege.co.za/ or through request to the Information Officer:
- Strategic plans
- Annual Performance Plans
- Annual Reports
- Projects information
- Newsletters, media statements
- Corporate governance structures
- Other public corporate information
6.2 Information available in terms of other legislation
Where applicable, information and records are kept in accordance with the following legislations:
- Basic Conditions of Employment Act No. 75 of 1997
- Compensation for Occupational Injuries and Diseases Act No. 130 of 1993
- Electronic Communications and Transactions Act, 25 of 2002
- Constitution of SA Act No. 108 of 1996
- Employment Equity Act No. 55 of 1998
- Labour Relations Act No. 66 of 1995)
- Occupational Health and Safety Act No. 85 of 1993)
- Promotion of Equality and Prevention of Unfair Discrimination Act No. 4 of 2000
- Protected Disclosures Act No. 26 of 2000
- Skills Development Act No. 97 of 1998
- Skills Development Levy Act No. 9 of 1999
- Unemployment Insurance Act No. 63 of 2001
- Unemployment Insurance Contributions Act, 4 of 2002
- Value Added Tax Act No. 89 of 1991
This list is not necessarily exhaustive.
6.3 Information available at a request in terms of the Act [Section 14(1)(d)]
Some categories of records listed in this section may be subject to privacy constraints and applying the relevant conditions of POPIA must be considered when addressing the requests for information. These include, amongst others, the records pertaining to the personal information of our employees, service providers, students and our key external stakeholders. The organisation has the following records:
6.3.1 Finance and administration
- Accounting records
- Annual financial statements and management accounts
- Agreements
- Project plans and budgets
- Banking details and bank account records
- Debtors/creditors statements and invoices
- Correspondence
- Invoices and statements
- Tax records
6.3.2 Human resources
- Payroll records
- Professional development records and performance appraisals
- Personnel files including letters of appointment and contracts
- Job descriptions
- Leave records
- PAYE, UIF and SDL records and returns
- Employee IRP 5 returns
- Policies and procedures
- Disciplinary code of conduct
6.3.3 Information technology
- Contracts and agreements
- Equipment registers
- Insurance records
- Service Providers database
- Telephone exchange equipment
- Telephone lines, leased lines and data lines
6.3.4 South African Government Institutions
- Memorandums of Understanding
6.3.5 Operations
- Policies and procedures
- Reports and supporting documentation
- Security documents
6.3.6 Administration
- Intranet
- Correspondence with internal and external parties
6.4 Other information as may be prescribed [section 14(1)(i)]
Not applicable
7. PROTECTION OF PERSONAL INFORMATION
Personal information is any information relating to an identifiable living individual or an identifiable, existing juristic person. We collect and use personal information to provide our products and services, and to manage the college. You can find more information about how we use personal information in our Privacy Statement available on our website https://www.ehlanzenicollege.co.za/.
6.5 Categories of data subjects and the purposes for which information is collected and used
A description of the categories of data subjects whose information we collect, hold and process as well as the purpose for which we collect and use their personal information is provided below:
Categories of Data Subjects | Purpose for which information is collected and used |
Employees | · Internal administrative, monitoring and reporting processes pertaining to current employment/ potential future employment within the organisation;
· Conducting criminal, qualifications, credit and reference checks; and · Conducting audits and investigations. |
Service Providers | · Internal administrative processing, monitoring, and reporting processes;
· Conducting service provider vetting in order to facilitate the provision of goods and/or services; · Conducting audits and investigations; and · For the purposes of complying with various lawful obligations under the South African legislation. |
Audit and Risk Committee Members | · Internal administrative processes pertaining to serving on the Audit and Risk Committee of College;
· Published reports such at annual reports and financial statements which will be placed on the organisation’s website for public consumption; and · Conducting audits and investigations. |
Stakeholders | · Internal administrative processing, monitoring, and reporting processes pertaining to collaborative efforts on delivering relevant and high-quality educational programmes. |
Students | · Internal administrative processing, monitoring, and reporting processes pertaining the provision of educational programmes that are relevant to current needs and size of our students, and the issuing of accurately named qualification certificates after completion of learning programmes;
· Conducting checks to ascertain that minimum requirements are met by students prior to approval into any course; and · Conducting audits and investigations. |
College Visitors | · Internal administrative processing, monitoring, and reporting processes pertaining to the access of visitors into and out of College’s premises and facilities. |
6.6 Who receives personal information?
We share personal information with:
- Service providers to the College;
- Regulators, courts, tribunals and law enforcement agencies;
- Stakeholders involved in the implementation of our educational programmes; and
- Relevant South African Government Institutions.
6.7 Cross-border flows of information
- We may need to transfer your personal information to another country for processing or storage. We will ensure that anyone to whom we pass your personal information agrees to treat your information with similar protection as provided for in POPIA.
- We may transfer your information to other countries which do not have similar protection as provided for in POPIA, with your consent.
6.8 Information security measures
- We take appropriate and reasonable technical and organisational measures to prevent any unauthorised or unlawful access, loss of, damage to or unauthorised destruction of personal information.
- We have implemented various policies, procedures and IT systems to safeguard personal information.
- We regularly verify that the safeguards are effectively implemented and ensure that they are continually updated.
8. PROCESS TO REQUEST ACCESS TO INFORMATION
Section 18(1) prescribes that the requester must use the prescribed Form 2 to make the request for access to a record. The request should be sent using the address, or electronic mail address of the Information Officer provided in this manual. The procedures to follow by the requester is set out below:
- The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record(s) and the requester. The requester should also indicate which form of access is required.
- The requester should also indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
- The requester must identify and record the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.
- If a request is made on behalf of a person, the requester must submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the Information Officer.
- The Information Officer must notify the requester (other than a personal requester) by written notice (email or letter), requiring the requester to pay the prescribed fee (if any) before further processing the request.
- The Information Officer or his Deputy Information Officers will then make a decision on the request and notify the requester in the required form.
- If the request is granted then a further access fee must be paid for the reproduction and the search and preparation, and for any time that has exceeded the prescribed hours to search for and prepare the record for disclosure.
9. OUTCOME OF YOUR REQUEST
We will decide whether to grant or decline your request within 30 days of receiving your request. We will notify you of our decision and provide reasons for accepting or refusing your request. If you request large quantities of information or if we cannot reasonably obtain the information you request within the original 30-day period, we might have to extend the period with another 30 days. We will notify you in writing if we require an extension. If we do not give you a decision on a request for access to records within the period stipulated above, it means that we refused your request in terms of section 27 of PAIA.
10. REASONS WHY WE MAY REFUSE YOUR REQUEST
If the record does not exist, we will inform you. If there are records that we cannot find despite a reasonable and diligent search, we will notify you with an affidavit explaining the measures we have taken to locate the record. If, after we have issued such an affidavit, we find the records, we will grant you access to the records unless the processing of the records would result in a substantial and unreasonable diversion of our resources, or unless your request is clearly frivolous or vexatious, or unless one of the grounds for refusal of access to a record as set in the PAIA applied.
For further grounds for refusal of access to records please refer to Chapter 4 of Part 2 of PAIA.
11. WHAT YOU CAN DO IF YOU ARE DISSATISFIED WITH A DECISION
You may appeal or complain about any of the following:
- Our refusal to grant you access to a record;
- The access fee that we charge;
- Our decision to extend the 30 days for responding to your request; and
- The way in which access is granted.
You may lodge an internal appeal or complaint against a decision as follows:
- A member of the public may lodge a complaint in writing with the Information Officer of College.
- The College’s internal grievance procedure may be utilised by staff members.
If the complaint is that we have failed to provide access as the PAIA legislation requires, (i.e., a failure to act in terms of the Promotion of Access to Information Act, Act 2 of 2000) and we fail to resolve this though one of the above channels for complaint you may take such steps as provided for in sections 74 to 82 of the PAIA. This provides for you to:
- Complain about our decision to the Information Regulator; and
- Apply to court after following the appeal process.
12. PRESCRIBED FEES
- The “request fee” payable by every requester, other than a personal requester referred to in section 22(1) of the Act, is R35.
- The “access fees” referred to in section 22(7) of the Act (unless the requester is exempted under section 22(8)) and “fees for reproduction” referred to in section 15(3) of the Act, are as follows:
(a) For every photocopy of an A4-size page or part thereof is R0.60
(b) For every printed copy of an A4-size page or part thereof is R0.40
(c) Held on a computer or in electronic or machine-readable form for a copy in a computer-readable form on:
(i) Stiffy disc is R5
(ii) Compact disc is R40
(d)
(i) For transcription of visual images, for an A4-size of part thereof is R22
(ii) For a copy of visual images is R60
(e)
(i) For a transcription of an audio record, for an A4-size page or part thereof is R12
(ii) For a copy of an audio record is R17. The actual postal fee is payable when a copy of a record must be posted to a requester.
13. FORMS
- Form 1: Request for copy of the guide
- Form 2: Request for access to a record
- Form 3: Outcome of request and of fees payable
- Form 4: Lodge an internal appeal
- Form 5: Lodge a complaint to the Information Regulator
14. MANUAL APPROVAL
|