SAHUC POPI Act

PAIA Manual of SAHUC

Promotion of Access to Information Act: Section 51 Manual

1. Introduction

This Manual has been prepared in accordance with section 51 of the Act and aims to facilitate a Request for access to a Record held by a private body that is required for the exercise or protection of any rights.

2. Definitions

Unless the context clearly indicates otherwise, the following terms shall have the meanings assigned to them hereunder, namely –

• “Act” means the Promotion of Access to Information Act, Act 2 of 2000, as amended from time to time;
• “Company” means SAHUC as more fully described in the overview hereunder;
• “Information Officer” means the person acting on behalf of the Company and discharging the duties and responsibilities assigned to the head of the Company by the Act.  The Information Officer is duly authorised to act as such, and such authorisation has been confirmed by the “head” of the Company in writing;
• “Manual” means this manual published in compliance with Section 51 of the Act;
• “Record” means any recorded information, regardless of form or medium, which is in the Possession or under the control of the Company, irrespective of whether or not it was created by the Company;
• “Request” means a request for access to a Record of the Company;
• “Requestor” means any person, including a public body or an official thereof, making a Request for access to a Record of the Company and includes any person acting on behalf of that person; and
• “SAHRC” means the South African Human Rights Commission.
• Unless a contrary intention clearly appears, words signifying:-
  • the singular includes the plural and vice versa;
  • any one gender includes the other genders and vice versa; and
  • natural persons include juristic persons.

Unless otherwise stated, terms defined in the Act shall have the same meaning in this Manual.

3. Overview of the organisation

The South African Hajj and Umrah Council (SAHUC) is a Public Benefit Organisation (PBO) incorporated in accordance with the company laws of South Africa.

SAHUC was formed by mutual agreement between the Ministry of Foreign Affairs (SA) and the Ministry of Hajj from the Kingdom of Saudi Arabia back in 1995. The purpose of such formation was due to the increasing issues that were occurring where Hujjaj were either left stranded or were provided with in-efficient service from the then operators or group leaders. The Ministry of Hajj together with the Ministry of Foreign Affairs (SA) saw the need for one body to deal with the agreements and administration of Hajj and Umrah matters for South Africa. The founding members of SAHUC were invited by Foreign Affairs to participate in the formation of the organisation. At the time, political parties were among the civic structures that formed the core base of membership. SAHUC has gone through many iterations over the years and today we find a twenty-nine-member organisation from civic groups in South Africa – all Muslim based and subscribers to the tenets of the Ahlul Sunnah wal Jamaah.

4. SAHUC’s contact details:
   
   Gauteng
   81 Crown Road, Off Bee Street, Fordsburg, 2092
   sahucsg@sahuc.org.za
   +27 10 001 9101

5. Contact details of the Information Officer

The President of SAHUC, as head of the Public Body Organisation, has delegated his powers to the National Administrator, as Information Officer, whose details appear hereunder for purposes of dealing with all matters in connection with Requests for information on the Company’s behalf and to ensure compliance with the Act.

Information Officer:

National Administrator:      
Postal address: PO Box 787616      Sandton
2146

Email: sahucsg@sahuc.org.za

Website: https://www.sahuc.co.za

6. The Section 10 Guide on how to use PAIA

• The South African Human Rights Commission (SAHRC) published a guide as prescribed by Section 10 of PAIA. This guide was available from the SAHRC prior to 30 June 2021.
• From 1 July 2021, the Information Regulator assumed the functions of the SAHRC. Accordingly, the above guide, as updated by the Information Regulator in accordance with POPIA, will be available at the offices of the Information Regulator and on its website. From 1 July 2021, please direct any queries regarding this guide to:

Information Regulator:

The Research and Documentation Department

Physical address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001

Postal address: P.O. Box 31533, Braamfontein, Johannesburg, 2017

Telephone Number: 010 023 5200

Website: www.justice.gov.za/inforeg/

Email (complaints): complaints.IR@justice.gov.za

Email (general enquiries): inforeg@justice.gov.za

7. Records available in terms of other legislation

Records kept by SAHUC in accordance with the following other legislation include but are not limited to:

• Non-Profit Organisations Act, 1997
• Companies Act, 2008
• Electronic Communications and Transactions Act, 2002
• Protected Disclosures Act, 2000
• Unemployment Insurance Act, 2001
• Income Tax Act, 1962

8. Subjects and categories of information held by SAHUC

The subjects and categories of records held by SAHUC are as follows:

Note: This section of the Manual sets out the subject and categories of records held by SAHUC. The inclusion of any subject or category of records should not be taken as an indication that records falling within those subjects and/or categories will be made available under PAIA. In particular, certain grounds of refusal set out in PAIA may be applicable to a request for such records.

8.1. Incorporation, Statutory and Legal Documents of SAHUC

• Public Benefit Organisation (PBO) documentation
• Memorandum of incorporation
• Annual reports
• Minutes of meetings
• board
• board and statutory committees
• management committees
• Contractual and legal agreements
• Intellectual property: trademark certificates
• Licenses
• Copyrights & designs
• Health and safety records

8.2. Human Resources and Employment Records of SAHUC

• HR policies & procedures
• Employment equity plan and report
• Skills development plan and report
• Employee Records
• Benefits of employees
• Tax information of employees
• HR disciplinary and grievance procedures and hearings, including CCMA Records
• Employee policies and procedures
• Other information relating to employees

8.3. Administration, Finance & Accounting Records of SAHUC

• Accounting records
• Details of auditors
• Financial audit reports
• Other audit reports
• Tax returns
• Details of actuaries of the pension fund and the provident fund utilised
• Policies & procedures
• Other information relating to administration, finance, and accounting

8.4. Banking details of SAHUC

• Bank facilities and accounts details
• Bank statements
• The level of overdraft and other borrowings
• Other financial commitments
• Other banking records

8.5. Insurance records of SAHUC

• Insurance taken out on behalf of employees
• Insurance in respect of fixed property
• Insurance in respect of movable property
• Policies, including coverage, limits, and insurers
• Claim Records
• Other information relating to insurance

8.6. Fixed and moveable property of SAHUC

• Agreements for the lease of fixed property
• Agreements for the lease or sale of movable property
• Credit sale agreements and/or hire purchase agreements
• Title deeds
• Land and building register
• Fixed asset register
• Construction contracts and architectural drawings
• Other agreements for the purchase, ordinary sale, conditional sale or hire of assets.
• Other information relating to fixed and moveable property

8.7. Information technology records of SAHUC

• Hardware
• Software packages
• Licenses
• IT policies and procedures
• Operating systems

8.8. Website information of SAHUC

• Organisation vision, aims and objectives, history and mandate
• Financial Results: annual financial statements and interim reports
• Hajj application records
• Hajj operator records
• Mission worker records
• News and marketing information
• Organisation communications
• Public accreditation list
• Other literature on the website
• Terms & conditions
• Policies
• Marketing material and media releases: brochures, newsletters, and advertising materials
• Other information relating to the website

8.9. Operational information of SAHUC

• IT committee reports
• National Hajj Accreditation committee reports
• National Hajj Operators Accreditation committee reports
• Disciplinary committee reports
•  Audit and Risk committee management information reports
• Internal telephone lists
• Internal address lists
• Organisation policies and procedures
• Human resource manual
• Administration manual
• Other information relating to operations

8.10. Other agreements of SAHUC

• SLA’s with third parties
• Confidentiality and non-disclosure agreements

9. Description of personal information processing in terms of POPIA

SAHUC processes personal information in accordance with its Privacy Policy, available on our website. 

10. Access: procedure available and fees

How to Request a Record (Section 53)

• Requests for access to Records must be made to the Information Officer in the prescribed form, Annexure 1 at the address, fax number or electronic mail address referred to in 1 above.  Failure to make use of the prescribed form could result in your Request being refused or delayed.
• A Request for access to a Record must be accompanied by payment of an initial non-refundable Request fee of R57.00 (inclusive of VAT).  This fee is not applicable to personal Requests, i.e. individuals seeking access to Records pertaining him/herself.
• The Requestor must provide sufficient detail on the Request form to enable the Information Officer to clearly identify the Record as well as the Requestor’s identify, which is to be accompanied by positive proof of identification.
• The Requestor must indicate which form of access is required and if he/she wishes to be informed on the decision on the Request in any other manner, to state the necessary particulars to be so informed.
• Access is not automatic.  The Requestor must therefore identify the right he/she is seeking to exercise or protect and provide an explanation as to 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 Requestor must then submit proof, to the satisfaction of the Information Officer, of his/her authority to make the Request. Failure to do so will result in the Request being rejected.

11. Decision on Request (Section 56)

• The Requestor will be notified, within 30 days, in the manner indicated by him/her of the outcome of his/her Request, alternatively whether an extension not exceeding 30 days is required to deal with the Request.
• If the Request for access is granted a further access fee must be paid for the reproduction as well as the search and preparation of the Records and for any time that has exceeded the prescribed hours to search and prepare the Record for disclosure. Access will be withheld until the Requestor has made payment of the applicable fee(s).
• In the event that the Request for access is refused, reasons for the refusal will be provided and the Requestor will be advised the he/she may lodge an application with a court against the refusal of the Request, as well as the procedure for lodging the application.
• The Requestor may lodge an internal appeal or an application to court against the tender
  • or payment of the Request fee.

12. Availability

This Manual is available on the SAHUC website, alternatively at the Gauteng Office, 2^nd floor, Saley House, 81 Crown Road, Off Bree Street, Fordsburg, 2092, during office hours.

13. Fees

The fees payable in respect of access to Records are attached as Annexure 2.

See Annexures

ANNEXURE 1

REQUEST FOR ACCESS TO RECORD OF ORGANISATION

FORM C

(Section 53(1) of the Promotion of Access to Information Act, 2000

(Act No. 2 of 2000))

[Regulation 10]

1. Particulars of the organisation

The Information Officer in respect of SAHUC

National Administrator:         

Postal address: PO Box 787616
Sandton
2146

Email:                                    sahucsg@sahuc.org.za

Website:                                   www.sahuc.org.za

1. 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 Name and Surname: _____________________________________________________________________________________

Identity Number: ____________________________________________________________________________________

Postal Address: _____________________________________________________________________________________

Telephone Number:   ___________________________

Fax Number:               ___________________________

E-mail address:           ___________________________

Capacity in which Request is made, when made on behalf of another person: ______________________________________________________________________________

_________________________________________________________________________

1. 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: _____________________________________________________________________________________

1. 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 Requestor must sign all the additional folios.

1. Description of the Record or relevant part of the Record: _________________________________________________________________________________________________________________

__________________________________________________

2. Reference number, if available: _____________________________________________________________________________________
3. Any further particulars of the Record: ____________________________________________________________________________________________

___________________________________________________________________

1. Fees

(a) A Request for access to a Record, other than a Record containing personal information about you, will be processed only after a Request fee has been paid.

(b) You will be notified of the amount payable 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.

Reason for exemption of payment of the fee (if any): _____________________________________________________________________________

1. Form of access to Record

1. 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 Requestor must sign all the additional folios.

1. Indicate which right is to be exercised or protected: ______________________________________________________________________________________________________________________

___________________________________________________________________

2. Explain why the requested Record is required for the exercising or protection of the aforementioned right: ________________________________________________________________________________________________________________________________________________________

_______________________________________________________________________________

1. 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 REQUESTOR / PERSON ON WHOSE BEHALF REQUEST IS MADE

ANNEXURE 2

FEES PAYABLE

1. Copy of manual

The fee for a copy of the manual is R1,10 for every photocopy of an A4-size page or part thereof.

2. Reproduction fees

The fees for preparation of Records referred to in regulation 11(1) are as follows:

3. Request fee

The Request fee payable by a Requestor, other than a personal Requestor, referred to in Regulation 11(2) is R50,00.

4. Access fees

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

For purposes of section 22(2) of the Act, the following applies:

(a) Six hours as the hours to be exceeded before a deposit is payable; and

(b) One-third of the access fee is payable as a deposit by the Requestor.

The actual postage is payable when a copy of a Record must be posted to a Requestor