PAIA Manual

This manual has been prepared in terms of section 14 of the Promotion of Access to Information Act 2 of 2000 (as amended) and to address the requirements of the Protection of Personal Information Act 4 of 2013.

Date of Compilation: 11/03/2026
Date of Revision: 01/03/2026

1. Definitions

Client: Any natural or juristic person that received or receives services from VHT Inc.

Conditions for Lawful Processing: The conditions for the lawful processing of Personal Information as fully set out in chapter 3 of the Protection of Personal Information Act 4 of 2013 of the Republic of South Africa (POPI) and in paragraph 12 of this Manual.

Data Subject: The person to whom personal information relates.

Information Officer: The individual identified in paragraph 4 of this Manual.

Manual: This Manual.

PAIA: The Promotion of Access to Information Act 2 of 2000 of the Republic of South Africa.

Personal Information: Means information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person, including but not limited to:

• Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic, or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language, and birth of the person;
• Information relating to the education or the medical, financial, criminal or employment history of the person;
• Any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier, or other particular assignment to the person;
• The biometric information of the person;
• The personal opinions, views, or preferences of the person;
• Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
• The views or opinions of another individual about the person; and
• The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

Personnel: Any person who works for, or provides services to or on behalf of VHT Inc., and receives or is entitled to receive remuneration, and any other person who assists in carrying out or conducting the business of VHT Inc., which includes, without limitation, directors (executive and non-executive), all permanent, temporary, and part-time staff as well as contract workers.

POPI: The Protection of Personal Information Act 4 of 2013.

POPI Regulations: The regulations promulgated in terms of section 112(2) of the Protection of Personal Information Act 4 of 2013.

Private Body: Means —

• A natural person who carries or has carried on any trade, business, or profession, but only in such capacity;
• A partnership which carries or has carried on any trade, business, or profession; or
• Any former or existing juristic person but excluding a public body.

Processing: Means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including —

• The collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, or use;
• Dissemination by means of transmission, distribution or making available in any other form; or
• Merging, linking, as well as restriction, degradation, erasure, or destruction of information.

Record: Has the meaning ascribed thereto in section 1 of the Promotion of Access to Information Act 2 of 2000 and includes Personal Information.

Requester: Has the meaning ascribed thereto in section 1 of the Promotion of Access to Information Act 2 of 2000.

Request for Access: Has the meaning ascribed thereto in section 1 of the Promotion of Access to Information Act 2 of 2000.

SAHRC: The South African Human Rights Commission.

Any other terms not described herein will have the meaning as ascribed to them in terms of the Promotion of Access to Information Act 2 of 2000. Additionally, all references to VHT Inc. shall extend to its subsidiaries.

2. Introduction

2.1. This Manual is articulated in conformity with the laws and statutory provisions of the Republic of South Africa, and in consideration of pertinent international privacy laws and standards. This Manual is applicable to VHT Incorporated, which for the purpose of the Protection of Personal Information Act 4 of 2013 and the Promotion of Access to Information Act 2 of 2000, is defined as a private body.

2.2. Due to the positioning of our head office within the Republic of South Africa, all PAIA Requests for information related to the company, as delineated under the Schedule of Records in paragraph 6 of this Manual, must be submitted utilising the prescribed forms and in strict compliance with the PAIA Act.

2.3. The Promotion of Access to Information Act, 2000 was implemented on 9 March 2001. It grants individuals and legal entities the right to access records held by public or private bodies, with certain limitations, to facilitate the exercise or protection of their rights.

2.4. The Promotion of Access to Information Act 2 of 2000 establishes the procedural aspects related to information requests, which include the requirement to create a PAIA Manual. Private bodies are mandated by Section 51 of the Promotion of Access to Information Act 2 of 2000 to compile a Manual that allows individuals to access information held. The Manual specifies the minimum criteria that must be met.

2.5. If you wish to obtain information from a private body under the Promotion of Access to Information Act 2 of 2000, a request must be made in the prescribed format outlined in the private body’s PAIA Manual, just like ours. Once the request is received, the private body must disclose the information if the requester can demonstrate that the record is necessary for exercising or protecting their rights, provided that no grounds for refusal stated in the Promotion of Access to Information Act 2 of 2000 are applicable.

3. The Promotion of Access to Information Act 2 of 2000 Manual

3.1. This Manual serves as VHT Inc.’s Promotion of Access to Information Act 2 of 2000 Manual, complying with section 51 of the Promotion of Access to Information Act 2 of 2000 as amended by the Protection of Personal Information Act 4 of 2013.

3.2. The Protection of Personal Information Act 4 of 2013, which primarily came into effect on 1 July 2020, upholds individuals’ constitutional right to privacy and emphasises the protection of personal information handled by public and private entities within the Republic of South Africa. It establishes specific conditions to set minimum requirements for the handling of personal information.

3.3. The Protection of Personal Information Act 4 of 2013 amends certain provisions of the Promotion of Access to Information Act 2 of 2000, striking a balance between the need for information access and the necessity to safeguard personal information. It establishes an Information Regulator with certain powers, duties, and functions under both Acts. Additionally, it introduces codes of conduct and safeguards individuals’ rights concerning unsolicited electronic communications and automated decision-making processes. The aim is to regulate the flow of personal information and address related matters.

3.4. We have compiled this Manual to provide you with guidance and ensure that you understand the procedural and other requirements that must be fulfilled when making a PAIA Request to VHT Inc.

4. Our Head Office Contact Details

Business Name: VHT Incorporated
Registration Number: 2017/084620/21
Registered Office: Building 15, 3 Bauhinia Street, Oxford Office Park, Centurion, 2055
Postal Address: Same as Physical
Contact Number: 012 880 3103
Information Officer: Cornelius Ignatius van Heerden
Information Officer Title: Director
Email Address: info@vhtlaw.co.za
Website: www.vhtlaw.co.za

5. Guide of the South African Human Rights Commission (SAHRC)

5.1. The South African Human Rights Commission has compiled an official guide designed to aid individuals who wish to exercise their right to access information under the Promotion of Access to Information Act (PAIA). This same guide is applicable when seeking information under the Protection of Personal Information Act. You can access the “Guide on How to Navigate the Promotion of Access to Information Act 2 of 2000” at https://www.justice.gov.za/inforeg/.

5.2. Effective 30 June 2021, the Information Regulator assumed responsibility for overseeing the regulatory functions related to the Promotion of Access to Information Act (PAIA) of 2000:

The Information Regulator (South Africa)
PO Box 31533
Braamfontein, 2017

Telephone: +27 10 023 5207
PAIA Complaints: PAIAComplaints.IR@justice.gov.za
POPI Complaints: POPIAComplaints.IR@justice.gov.za
General Enquiries: inforeg@justice.gov.za

6. Availability of Certain Records in Terms of the Promotion of Access to Information Act 2 of 2000

6.1. VHT Inc. holds and/or processes the records referred to in the Schedule of Records below for the purposes of the Promotion of Access to Information Act 2 of 2000 and the Protection of Personal Information Act 4 of 2013.

6.2. The following records may be requested; however, it should be noted that there is no guarantee that the request will be honoured. Each request will be evaluated in terms of the Promotion of Access to Information Act 2 of 2000 and any other applicable legislation.

6.3. All services are listed on VHT Inc.’s website at www.vhtlaw.co.za.

Schedule of Records

Administrative

• Governance structures and personal data of governance office-bearers
• Internal rules, regulations, and policies
• General correspondence (emails)
• Quotations

Corporate Affairs

• CIPC Company Registration Records
• Strategic Plans
• Business Proposals
• Annual Reports, Reviews and Plans
• Policies and Procedures
• Compliance Reports

Financial Records

• Policies and procedures
• Accounting records
• Annual financial statements
• Audit reports
• Capital expenditure records
• Invoices and statements
• Expense claims

Human Resources

• Personnel Files
• Training records
• Employment Policies
• Internal evaluations and Performance Records
• Disciplinary Records
• Employee Tax and Remuneration Records

IT Operations

• Information technology records
• Domain name registrations
• Website information
• Policies and procedures

Legal

• Client Agreements
• Service provider agreements and contact details
• Power of Attorneys
• Material licenses, permits and authorisations

Secretarial

• Memorandum of Incorporation
• Statutory Records
• Company guidelines

Website

• Company Profile
• Areas of Service and Expertise
• Contact Portal

7. Records Available in Terms of Other Legislation

VHT Inc. may be in possession of records in terms of the following legislation as and when applicable in terms of South African law:

• Basic Conditions of Employment Act 75 of 1997
• Broad-Based Black Economic Empowerment Act 53 of 2003
• Companies Act 71 of 2008
• Compensation for Occupational Injuries and Diseases Act 130 of 1993
• Competition Act 89 of 1998
• Constitution of the Republic of South Africa Act 108 of 1996
• Consumer Protection Act, 2008
• Customs and Excise Act 91 of 1964
• Electronic Communications Act 36 of 2005
• Electronic Communications and Transactions Act 25 of 2002
• Employment Equity Act 55 of 1998
• Financial Intelligence Centre Act 38 of 2001
• Identification Act 68 of 1997
• Insolvency Act 24 of 1936
• Income Tax Act 58 of 1962
• Intellectual Property Laws Amendment Act 38 of 1997
• Labour Relations Act 66 of 1995
• National Payment Systems Act 78 of 1998
• Occupational Health and Safety Act 85 of 1993
• Pension Funds Act 24 of 1956
• Promotion of Access to Information Act 2 of 2000
• Protection of Personal Information Act 4 of 2013
• Prescription Act 68 of 1969
• Prevention of Organised Crime Act 121 of 1998
• Skills Development Act 97 of 1998
• Skills Development Levies Act 9 of 1999
• Trademark Act 194 of 1993
• Unemployment Insurance Contributions Act 4 of 2002
• Unemployment Insurance Act 30 of 1996
• Value Added Tax Act 89 of 1991

8. Request Process

8.1. An individual who wishes to place a request must comply with all the procedures laid down in the Promotion of Access to Information Act 2 of 2000.

8.2. The requester must complete Annexure A, which is attached to this Manual, and submit it to the Information Officer at the details specified in paragraph 4.

8.3. The prescribed form must be submitted together with payment of a request fee and a deposit, if applicable, to the Information Officer at the postal or physical address, or via electronic mail as stated herein.

8.4. The prescribed form must be completed with enough particularity to enable the Information Officer to determine:

• The record(s) requested;
• The identity of the requester;
• What form of access is required; and
• The electronic or, if applicable, postal address of the requester.

8.5. The requester is required to explicitly declare that the requested records are necessary for the purpose of asserting or safeguarding a particular right. Furthermore, the requester must explicitly outline the nature of the right to be asserted or safeguarded, and provide a comprehensive rationale for why the requested records are essential for the exercise or protection of that right.

8.6. The request for access will be dealt with within 30 days from the date of receipt, unless the requester has set out special grounds that satisfy the Information Officer that the request should be dealt with sooner.

8.7. The period of 30 days may be extended by not more than 30 additional days if the request is for a large quantity of information, or if the request requires a search for information held at the head office of VHT Inc. and the information cannot reasonably be obtained within 30 days. The Information Officer will notify the requester in writing should an extension be necessary.

8.8. The requester will be informed in writing whether access to the records has been granted or denied. If the requester requires reasons for the decision, this must be expressed in the prescribed form, and the requester must further state the particulars of the reasoning required.

8.9. If a requester has requested records on another individual’s behalf, the requester must submit proof of the capacity in which the request is made, to the satisfaction of the Information Officer.

8.10. Should the requester have any difficulty with the form or the process laid out herein, the requester should contact the Information Officer for assistance.

8.11. An oral request can be made to the Information Officer should the requester be unable to complete the form due to illiteracy or a disability. The Information Officer will complete the form on behalf of the requester and provide a copy of the form to the requester. VHT Inc. is here to guide you through the process and offer all the assistance you may require.

9. Grounds for Refusal

VHT Inc. may, subject to the exceptions in Chapter 4 of the Promotion of Access to Information Act 2 of 2000, refuse a request for access on the following grounds:

9.1. Mandatory protection of the privacy of a third party who is a natural person, including a deceased person, where disclosure of Personal Information would be unreasonable.

9.2. Mandatory protection of the commercial information of a third party, if the records contain:

• Trade secrets of that third party;
• Financial, commercial, scientific, or technical information of the third party, the disclosure of which could likely cause harm to the financial or commercial interests of that third party; and/or
• Information disclosed in confidence by a third party to VHT Inc., the disclosure of which could put that third party at a disadvantage in contractual or other negotiations or prejudice the third party in commercial competition.

9.3. Mandatory protection of confidential information of third parties if it is protected in terms of any agreement.

9.4. Mandatory protection of the safety of individuals and the protection of property.

9.5. Mandatory protection of records that would be regarded as privileged in legal proceedings.

9.6. Protection of the commercial information of VHT Inc., which may include:

• Trade secrets;
• Financial, commercial, scientific, or technical information, the disclosure of which could likely cause harm to the financial or commercial interests of VHT Inc.;
• Information which, if disclosed, could put VHT Inc. at a disadvantage in contractual or other negotiations or prejudice VHT Inc. in commercial competition; and/or
• Computer programs owned by VHT Inc. and protected by copyright and intellectual property laws.

9.7. Research information of VHT Inc. or a third party, if such disclosure would place the research or the researcher at a serious disadvantage.

9.8. Requests for records that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources.

10. Remedies Should a Request Be Refused

10.1. VHT Inc. does not have an internal appeal procedure in the event of a denial of a request. Decisions made by the Information Officer are final.

10.2. The requester may, in accordance with sections 56(3)(c) and 78 of the Promotion of Access to Information Act 2 of 2000, apply to a court for relief within 180 days of notification of the decision.

11. Fees

11.1. Upon receiving a PAIA Request, VHT Inc. may require the requester to pay a prescribed fee. Cost management for record access or production will be at VHT Inc.’s discretion, and in accordance with the fees gazetted by the South African Government under Sections 22 and 92 of the Promotion of Access to Information Act 2 of 2000 from time to time. You may request the fee structure and payment details from the Information Officer where a prescribed fee has been determined by VHT Inc.

12. The Protection of Personal Information Act 4 of 2013

12.1. Conditions for Lawful Processing

The Protection of Personal Information Act 4 of 2013 sets out eight conditions for lawful processing:

• Accountability
• Processing limitation
• Purpose specification
• Further processing limitation
• Information quality
• Openness
• Security safeguards
• Data subject participation

12.2. Types of Processing

VHT Inc. is involved in the following types of processing:

• Collection
• Recording
• Organisation
• Structuring
• Storage
• Adaptation or alteration
• Retrieval
• Consultation
• Use
• Disclosure by transmission
• Dissemination or otherwise making available
• Alignment or combination
• Restriction
• Erasure
• Destruction

12.3. Purposes of Processing

VHT Inc. processes information for the following purposes:

• To fulfil agreements in relation to its employees;
• To provide services to its Clients in accordance with terms agreed to by the Clients;
• To undertake activities related to the provision of services, including:
  • To fulfil domestic legal, regulatory and compliance requirements;
  • To verify the identity of client representatives who contact VHT Inc. or may be contacted by VHT Inc.;
  • For risk assessment, information security management, statistical, trend analysis and planning purposes;
  • To monitor and record calls and electronic communications with the Client for quality, training, investigation, and fraud prevention purposes;
  • To enforce or defend VHT Inc.;
  • To manage VHT Inc.’s relationship with its Clients, which may include providing information to its Clients and their affiliates about VHT Inc. products and services;
• The purposes related to any authorised disclosure made in terms of agreement, law, or regulation;
• Any additional purposes expressly authorised by VHT Inc.’s client;
• Any additional purposes as may be notified to the Client or Data Subjects in any notice provided by VHT Inc.

12.4. Data Subjects

VHT Inc. processes personal information from the following groups of Data Subjects:

Juristic persons:

• Corporate Clients or Distributors
• Suppliers
• Corporate Partners
• Subsidiaries

Natural persons:

• Individuals
• Staff
• Clients
• Suppliers

12.5. Categories of Personal Information Processed

VHT Inc. processes the following categories of personal information:

• Client profile information
• Bank account details
• Payment information
• Client representatives
• Names
• Email addresses
• Telephone numbers
• Physical addresses
• Tax numbers
• Identity numbers
• Passport numbers

12.6. Recipients of Personal Information

Personal information is shared with:

• VHT Inc.; and
• VHT Inc. subsidiaries.

12.7. Cross-Border Transfers

When making authorised disclosures or transfers of personal information in terms of Section 72 of the Protection of Personal Information Act 4 of 2013, personal information may be disclosed to recipients in countries that do not have the same level of protection for personal information as the Republic of South Africa. VHT Inc. ensures that personal information will always be subject to protection not less than the protection afforded under the Protection of Personal Information Act 4 of 2013.

12.8. Security Measures

VHT Inc. implements numerous security measures to protect personal information stored electronically and physically. These measures are updated on a regular basis. Various policies have also been implemented for additional security for personal information stored both physically and electronically.

Physical records are stored in a secure area that is locked when not in use, to avoid a breach of personal information.

12.9. Objection to Processing

A data subject may, at any time, object to the processing of their personal information in terms of Section 11(3) of the Protection of Personal Information Act 4 of 2013 and Regulation 2 of the POPI Regulations. The prescribed objection form (Annexure B) is available on request from the Information Officer.

12.10. Request for Correction or Deletion of Personal Information

A data subject may request that their personal information be corrected and/or deleted in terms of Section 24 of the Protection of Personal Information Act 4 of 2013 and Regulation 3 of the POPI Regulations. The prescribed form (Annexure C) is available on request from the Information Officer.

To submit a request or obtain any of the prescribed forms, please contact:

Information Officer: Cornelius Ignatius van Heerden
Email: info@vhtlaw.co.za
Telephone: 012 880 3103