PAIA Manual

Promotion of Access to Information Act (PAIA) Manual

Prepared in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)
Effective Date: 20 Sept 2024

1. Introduction

This manual is prepared in accordance with the requirements of the Promotion of Access to Information Act, 2000 (“PAIA”). The purpose of this manual is to facilitate requests for access to records held by [Your Company Name], an e-commerce company specializing in the sale of books in South Africa and internationally.

The PAIA provides that people have the right of access to records held by public and private bodies that are required to exercise or protect any rights. This manual outlines how to exercise that right.

2. Company Details

  • Company Name: Mercury Strategies (Pty) Ltd trading as Mercury Books
  • Registration Number: 2024/538193/07
  • Postal Address: 24 Fairbridge Rd, Franklin Roosevelt Ext, Johannesburg, 2196
  • Physical Address: 24 Fairbridge Rd, Franklin Roosevelt Ext, Johannesburg, 2196
  • Email Address: info@mercury-books.com
  • Website: https://www.mercury-books.com
  • CEO: Rosemary Rycroft
  • Information Officer: Rosemary Rycroft

3. The Guide on How to Use PAIA

In terms of Section 10 of PAIA, the South African Human Rights Commission (“SAHRC”) has compiled a guide to assist persons wishing to exercise their rights under PAIA. This guide is available in all official languages. For any further assistance, the guide may be requested from the SAHRC at:

  • Postal Address: Private Bag X2700, Houghton, 2041
  • Phone Number: +27 (11) 877 3600
  • Website: www.sahrc.org.za

4. Records Available in Terms of Other Legislation

Mercury Books holds records in terms of various pieces of legislation, which include but are not limited to the following:

  • Companies Act, No. 71 of 2008
  • Income Tax Act, No. 58 of 1962
  • Value Added Tax Act, No. 89 of 1991
  • Labour Relations Act, No. 66 of 1995
  • Basic Conditions of Employment Act, No. 75 of 1997
  • Employment Equity Act, No. 55 of 1998
  • Unemployment Insurance Act, No. 63 of 2001
  • Protection of Personal Information Act (POPIA), No. 4 of 2013
  • Electronic Communications and Transactions Act, No. 25 of 2002

5. Schedule of Records

The following categories of records are available without the need for a formal request in terms of PAIA:

  • Company Records:
    • Memorandum of Incorporation
    • Annual Financial Statements (as required by law)
    • Documents of incorporation
  • Marketing and Sales Records:
    • Product information (catalogues, brochures)
    • Pricing and promotions
    • Customer inquiries and feedback
  • Employee Records (available to employees):
    • Contracts of employment
    • Attendance records
    • Salary records
    • Performance reviews
  • Financial and Tax Records:
    • Financial statements
    • Tax returns
    • Banking details
  • Customer Records:
    • Orders and sales records
    • Delivery information
    • Correspondence related to sales and customer service inquiries
  • Website Records:
    • Privacy policy
    • Terms and conditions
    • Cookies policy

6. Request Procedure

To request access to a record, a requester must follow the procedure set out in PAIA, using the prescribed form (Form C) available from the SAHRC website or the Department of Justice.

Requests should be sent to the Information Officer at Mercury Books via email, post, or delivered in person. The request must contain the following information:

  • Full name and contact details of the requester
  • A clear description of the record(s) requested
  • An indication of the form in which access is required (e.g., electronic, paper copy)
  • The reason for requesting access (to exercise or protect a right)

The requester must also pay a prescribed fee (if applicable) for accessing the records. The Information Officer will provide the requester with a fee estimate, and no further action will be taken until the fee is paid.

7. Decision on Requests

Upon receiving the request, the Information Officer will:

  • Notify the requester whether the request is granted or refused within 30 days.
  • If the request is refused, reasons will be provided.
  • If the records are granted, the requester will be informed of the form of access and any associated costs.

8. Grounds for Refusal of Access

In terms of PAIA, [Your Company Name] may refuse access to records in certain circumstances, such as when:

  • The record contains personal information of a third party.
  • The record is confidential or contains trade secrets.
  • Disclosure may endanger the life or physical safety of an individual.
  • Disclosure would be likely to cause harm to the commercial or financial interests of [Your Company Name].

9. Remedies in Case of Refusal

If access to records is denied, the requester may lodge an internal appeal (where applicable) or refer the matter to the courts for review, as per the provisions of PAIA.

10. Fees Payable

Requesters may be required to pay an initial request fee and an access fee for copies of the records. These fees are prescribed under PAIA and vary depending on the form of access (e.g., paper copy, electronic). A detailed fee structure will be provided upon request.

11. Availability of the PAIA Manual

This manual is published on our website: https://www.mercury-books.com. A copy of this manual may be requested via email from the Information Officer.

12. Information Officer Contact Details

  • Information Officer: Rosemary Rycroft
  • Postal Address: 24 Fairbridge Rd, Franklin Roosevelt Ext, 2195
  • Email Address: info@mercury-books.com

Mercury Books is committed to upholding the rights of individuals to access information while ensuring compliance with relevant legislation such as PAIA and POPIA.