PAIA

PROMOTION OF ACCESS TO INFORMATION ACT MANUAL
Manual in terms of Section 51 of the Promotion of Access to Information Act, 2000
(the “Act”)
for
MOSHAL SCHOLARSHIP PROGRAM SOUTH AFRICA NPC, TRADING AS MOSHAL PROGRAM (“MP”)
(registration number: 2016/285825/08)

CONTENTS

  1. Introduction and Contact Details
  2. Guide on how to use PAIA and how to obtain access to the Guide
  3. Records Available in terms of other Legislation
  4. Schedule of Records
  5. Form of Request
  6. Availability of this Manual
  7. Updating of this Manual

1. INTRODUCTION AND CONTACT DETAILS
MOSHAL SCHOLARSHIP PROGRAM SOUTH AFRICA NPC, trading as Moshal Program is a non-profit company registered in South Africa which facilitates the award and operation of scholarships granted to students for study at select donee Universities in the Republic of South Africa.

Information Officer: Mrs Valeria Jansen
Address: Postnet Suite 20 Private Bag X12 Greenside, 2034
Telephone Number: 082 653 7032
E-mail: valj@moshalprogram.org

2. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE
The Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available the revised Guide on how to use PAIA (“Guide”), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and the Protection of Personal Information Act (POPI).

The Guide is available in each of the official languages and in braille.

The aforesaid Guide contains the description of-

  • the objects of PAIA and POPI;
    • the postal and street address, phone and fax number and, if available, electronic mail address of –
    • the Information Officer of every public body, and
  • every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPI;
  • 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 IO of a public body in terms of PAIA and POPI;
  • the assistance available from the Regulator in terms of PAIA and POPI;
  • 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-
    • an internal appeal;
    • a complaint to the Regulator; and
    • an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision by the 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.

Members of the public can inspect or make copies of the Guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours.

The Guide can also be obtained-

  • upon request to the Information Officer;
  • from the website of the Regulator (https://www.justice.gov.za/inforeg/).

A copy of the Guide is also available in the following two official languages, for public inspection during normal office hours-

3. APPLICABLE LEGISLATION
Certain records held by MP are available in terms of legislation other than PAIA. The specific records which are available in terms of such legislation are set out therein and these records may in certain instances only be accessed by the persons specified in the relevant legislation. Such legislation includes:

  • Basic Conditions of Employment Act, No. 75 of 1997
  • Companies Act, No. 71 of 2008
  • Employment Equity Act, No 55 of 1998
  • Income Tax Act, No. 58 of 1962
  • Pension Funds Act, No. 24 of 1956
  • Electronic Communications and Transactions Act, No. 25 of 2002
  • Unemployment Insurance Act, No. 63 of 2001
  • Labour Relations Act, No. 66 of 1995
  • Medical Schemes Act, No. 131 of 1998
  • Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993
  • Protection of Personal Information Act, No. 4 of 2013 (once fully effective)
  • Constitution of the Republic of South Africa Act, No 108 of 2008
  • Electronic Communications Act, No.36 of 2005

4. SCHEDULE OF RECORDS
General information about MP can be accessed via the internet on our international website and social media pages.

The subjects on which MP holds records and the categories on each subject in terms of Section 51(1)(e) of PAIA are as listed below. Please note that a requester is not automatically allowed access to these records and that access to them may be refused in accordance with Sections 62 to 69 of PAIA and POPI:

A. Human Resources:
• Employee records
• Contracts
• Guidelines, policies and procedure

B. Corporate:
• Member records
• Members’ register
• Records relating to the incorporation of MP
• Statutory records

C. Financial:
• Tax records (MP and Staff)
• Annual financial statements
• Bank statements
• Purchase Orders/Invoices
• Asset Register
• Insurance information

D. Operational:
• Operational reviews
• Scholarship Applicant information
• Student records
• Alumni records
• Vendor records
• Mentor and Trainer records
• Corporate and NGO records
• Guidelines, policies and procedure
• Contracts
• Internal and external correspondence
• Records provided by a third party
• Databases
• Information technology

Please see our Privacy Notices for information regarding our practices with regard to personal information including:

  1. Our purposes for the processing of personal information;
  2. A description of the categories of data subjects and of information or categories relating thereto;
  3. Recipients or categories of recipients to whom personal information may be supplied;
  4. Planned transborder flows; and
  5. A general description of our security practices.

The Privacy Notice relating to third party data subjects can be located on our website and available on request from the Information Officer.

The Privacy Notice relating to employees and contractors is available at our office and on request.

5. FORM OF REQUEST
A requester must comply with all the procedural requirements contained in PAIA relating to the request for access to a record.

A request for access to records held by MP in terms of section 50 of PAIA must be made on the form contained in the Regulations regarding the Promotion of Access to Information (Form 2). The request must be made to MP at the address or email address, specified in Section 1 above.

A requester must provide sufficient detail on the prescribed form to allow MP to identify the record or records which have been requested and the identity of the requester. If a request is made on behalf of another person or entity, the requester must submit details and proof of the capacity in which the requester is making the request, which must be reasonably satisfactory to MP. The requester is also required to indicate the form of access to the relevant records that is required, and to provide his, her or its contact details in the Republic of South Africa.

SOUTH AFRICA – PAIA

Moshal SA PAIA 2020