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Legal
PAIA Manual
This is the website version of Nesa Power’s PAIA Manual. Download the official PDF if you need a copy for your records.
NP-MS002 · Version 1.1
The Promotion of Access to Information Act, 2000 (the Act) is a freedom of information law in South Africa. It gives the constitutional right of access to any information held by the State and any information held by private bodies that is required for the exercise and protection of any rights.
Specifically, section 51 (1) of the Act provides that the head of a private body must compile a Manual that must contain information regarding the subjects and categories of records held by such private bodies.
This Manual has been compiled in accordance with said provisions and to fulfil the requirements of the
Act.
In terms of the Act, where a request for information is made to a body, there is an obligation to provide the information, except where the Act expressly provides that the information may not be released. In this context, Section 9 of the Act recognises that access to information can be limited. The limitation relates to circumstances where such release would pose a threat to the protection of privacy, commercial confidentiality, and the exercising of efficient governance.
Accordingly, this Manual provides a reference to the records held by the Company and the process that needs to be adopted to access such records.
This PAIA Manual is useful for the public to:
- check the categories of records held by a body which are available without a person having to submit a formal PAIA request;
- have a sufficient understanding of how to make a request for access to a record of the body; by providing a description of the subjects on which the body holds records, and the categories of records held on each subject;
- know the description of the records of the body which are available in accordance with any other legislation;
- access all the relevant contact details of the Information Officer and Deputy who will assist the public with the records they intend to access;
- know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
- know 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;
- know the description of the categories of data subjects and of the information or categories of information relating thereto;
- know the recipients or categories of recipients to whom the personal information may be supplied; know if the body 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
- know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.
The Company engineers, builds, owns and operates embedded and distributed renewable energy generation facilities throughout Southern Africa.
The Company is an incorporated private company Nesa Power (Pty) Ltd (Reg # 2021/502061/07) which has a wholly owned subsidiary, Nesa Engineering (Pty) Ltd (Reg #: 2015 /244218/ 07). In addition, the company has affiliate companies within the group namely Nesa Investment Holdings (Pty) Ltd, Nesa
Capital (Pty) Ltd and Nesa RE Fund GP (Pty) Ltd and their respective subsidiaries.
The management of the Company is undertaken by the Managing Director, Mike Bleyenheuft.
Name of Company: Nesa Power (Pty) Ltd
Managing Director Mike Bleyenheuft
Street Address: Suite 802 Illovo Central, 70 Melville Rd, Illovo, 2196, Gauteng
Postal Address: As above
Phone number: 011 326 3903
Electronic Mail: mike@nesapower.com or info@nesapower.com
The Act grants a requester access to records of a private and public body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.
Requests in terms of the Act shall be made in accordance with the prescribed procedures at the rates provided. The forms and tariffs are dealt with in accordance with paragraphs 6 & 7 of “the Act.”
The Information Regulator has, in terms of section 10 (1) of the Act, as amended, made available a
Guide on how to use PAIA. It is intended for use by anyone who wishes to exercise any right contemplated in PAIA and POPIA. Requesters are referred to the guide in terms of Section 10 of the Act.
The Guide is available in English
The Guide contains descriptions of:
- the objects of PAIA and POPIA;
- the postal and street address, phone number and electronic mail address of the company;
- the contact details of the Information Officer designated in terms of section 17(1) of PAIA and section 56 of POPIA;
- the manner and form of a request for access to a record of a public body contemplated in section
11; and
- access to a record of a private body contemplated in section 50;
- the assistance available from the Information Regulator in terms of PAIA and POPIA;
- 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: o an internal appeal; o a complaint to the Information Regulator; and o an application to a court against a decision by the Information Officer of a public body, a decision on internal appeal or a decision by the Information Regulator or a decision of the head of a private body;
- the provisions of Sections 14 and 51 requiring a public body and private body,
- respectively, to compile a Manual, and how to obtain access to a Manual;
- the provisions of Sections 15 and 52 providing for the voluntary disclosure of
- categories of records by a public body and private body, respectively;
- the notices issued in terms of Sections 22 and 54 regarding fees to be paid in
- relation to requests for access; and
- the regulations made in terms of Section 92.
The Guide can be obtained: from the website of the Information Regulator https://inforegulator.org.za/
No Ref Act
1 No 75 of 1997 Basic Conditions of Employment Act
2 No 130 of 1993 Compensation for Occupational Injuries Act
3 No 98 of 1978 Copyright Act
4 No 68 of 2008 Consumer Protection Act
5 No 39 of 2001 Financial Intelligence Act
6 No 25 of 2002 Electronic Communications and Transactions Act
7 No 55 of 1998 Employment Equity Act
8 No 85 of 1993 Occupational Health & safety Act
9 No 37 of 2002 Financial Advisory and Intermediary Services Act
10 No 95 of 1967 Income Tax Act
11 No 89 of 1991 Value Added Tax Act
12 No 4 of 2013 Protection of Personal Information Act
13 No 2 of 2000 Promotion of Access of Information Act
14 No 70 of 2002 Regulation of Interception of Communications and provisions of Communication Related Information Act
15 No 97 of 1998 Skills Development Act
16 No 9 of 1999 Skills Development Levies act
17 No 34 of 1997 South African Revenue Services Act
18 No 84 of 1996 South African Company’s Act
19 No 63 of 2001 Unemployment insurance Act
All documents are available on request:
Subjects on which the company hold record Categories of records
Strategic Documents, plans and proposals Mission and Values
Strategic plans
Annual reports
Operations Contracts records of projects
Client records
Service provider agreements
ISO9001 Records Quality Manual
Key Process documents KP1-7
Financial and tax records Accounting records
Annual financial statements
Audit reports
Capital expenditure reports
Management reports
Procurement records
Purchasing records
Tax records and returns
Asset register
Budgets
Insurance Information
Bank Statements
Invoices
Human Resources Workplace policies and procedures
Employment contracts
Employee information
Leave records
UIF returns
Performance appraisals/reviews
Training records
Employment Equity records
Disciplinary records
Health & Safety Records Health & Safety policies
Evacuation plan
Risk plan
Disaster Recovery plan
Workman’s Compensation returns and claims
Information Technology Licenses
Manuals
Marketing records Marketing information
Description of the subjects on which the Company holds records, and the categories of records held on each subject by the Company.
Data Subjects Types of Personal Information
Clients Identifying information – such as name, date of birth, identification number/Passport number
- Contact information – such as phone number or email address
- Address information – such as physical or postal address
- Financial information – such as bank account details and financial information.
- Organisation data
- Project plan and records
Employees Identifying information – such as name, date of birth, identification number/passport number
- Contact information – such as phone number or email address
- Address information – such as physical or postal address
- Demographic information – such as race, gender or marital status, age, nationality, etc
- Educational information – such as educational qualifications and skills
- Financial information – such as bank account details
- Confidential correspondence with the employee
- Disciplinary records
- Tax numbers
- Employment information – including previous and current employers criminal history – such as previous convictions
Service providers Identifying information – such as registration number
- Contact information – such as address, email address and phone numbers
- Financial information – such as bank details, VAT numbers
- Contract data
- Organisation data
At present there is no flow of transborder personal information.
The requester must complete the prescribed Form C (available on the website https://inforegulator.org.za ) to make the request for access to a record and submit this form together with a request fee, to the Managing Director of the Company named in Section 2.
The form must provide sufficient particulars to enable the Head of the Company to identify the records requested and the requester. The requester should also indicate which form of access is required and specify a postal address or email address of the requester in the Republic.
The requester must identify the right that is sought to be exercised or protected and must provide an explanation of why the requested record is required for the exercise or protection of that right.
If in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, to state that manner and the necessary particulars to be informed in the other manner.
If the request is made on behalf of another person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the head of the business.
The prescribed fee must be attached.
The Company will respond to requests within 30 days of receiving the request by indicating whether the request has been granted or denied.
Please note that the successful completion and submission of a request for access form does not automatically allow the requester access to the requested record.
Access will be granted to a record only if the following criteria are fulfilled:
- the record is required for the exercise or protection of any right, and
- the requester compiles with the procedural requirements set out in the Act relating to a request, and
- access to the record is not refused in terms of any ground for refusal as contemplated in the Act.
The applicable fees are prescribed in terms of the Regulation (Government Gazette 7024) promulgated under “the Act”. The fee structure is available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at https://inforegulator.org.za
The following applies to requests other than personal requests:
- a requestor is required to pay the prescribed fees before a request will be processed;
- if the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);
- a requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit; and
- records may be withheld until the fees have been paid.
Access to any record may be refused under certain limited circumstances. These include:
- the protection of personal information concerning a natural person from unreasonable disclosure;
- the protection of commercial information held concerning any third party;
- the protection of commercial, financial, scientific, or technical information that may harm the commercial or financial interests of any third party;
- disclosures that would result in a breach of a duty of confidence owed to a third party;
- disclosures that would jeopardise the safety or life of an individual;
- disclosures that would prejudice or impair the security of property;
- disclosures that would prejudice or impair the protection of a person in accordance with a witness protection scheme;
- disclosures that would prejudice or impair the protection of the safety of the public;
- disclosures that are privileged from production in legal proceedings unless the privilege has been waived;
- disclosures of details of any computer programs and designs;
- disclosure that will put the company at disadvantage in contractual or other negotiations or prejudice its commercial competition;
- disclosures of any record containing trade secrets. Financial, commercial, scientific, or technical information that would harm the commercial or financial interests of the Company; and
- disclosures of any record containing information about research and development being carried out or about to be carried out by the company.
If access to a record or any relevant information is denied, the company’s response will include adequate reasons for the refusal and notice that you may lodge an application with the court against the refusal and the procedure including details of the period for lodging the application.
A requester has the right to lodge an internal appeal within 60 days after notice is given of the decision of the Information Officer or the Deputy Information Officer, as the case may be, to refuse a request for access. The internal appeal must be lodged by delivering or sending Form B to the Information Officer as per the contact details provided.
In the event that the internal appeal procedure has been exhausted and the requester or third party remains dissatisfied with the outcome, a court may be approached for appropriate relief, within 180 days of being informed of the outcome of the internal appeal.
Managing Director: Mike Bleyenheuft
Tel: 011 326 3903
Email: mike@nesapower.com
Information Officer: Kerry Colley
Tel: 011 326 3903
Email: kerry@nesapower.com
General Email: info@nesapower.com
The Manual is also available at the premises of the Company at Suite 802 Illovo Central, 70 Melville Rd, Illovo, 2196, Gauteng.
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.
The Company will, if necessary, update the Manual annually.