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AUDIONOTE (PTY) LTD

PAIA MANUAL
Prepared as required and in accordance with section 51 of the Promotion of Access toInformation Act 2 of 2000 ("PAIA").

Date of last revision of Manual: 21 April 2021

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TABLE OF CONTENTS
Item

Description

Page

1.

Applicability of this Manual

3

2.

Contact details (Section 51(1)(a))

3

3.

Guide on how to use PAIA (Section 51(1)(b))

3

4.

Automatic availability of certain records (Section 51(1)(c))

45.

Records available in terms of any other legislation (Section 51(1)(d))

46.

Records that may be requested (Section 51(1)(e))

4-5

7.

Process of Requesting information in terms of PAIA

6-7

8.

Other information as may be prescribed (Section 51(1)(f))

7

9.

Availability of this manual (Section 51(3))

710.

Annexure A – Prescribed form

8-11

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1. APPLICABILITY OF THIS MANUAL

1.1

PAIA gives effect to the constitutional right of access to any information in records held by public or
private bodies, which is required for the exercise or protection of any rights. The Act sets out theprocedural requirements with regards to requests for information, the requirements that requests mustmeet as well as the grounds for refusing requests. This Manual informs requesters of procedural andother requirements relating to requests.

1.2

The Act also recognises that the right to access information must be balanced with other rights andshould be subject to limitations, including, but not limited to, limitations aimed at the reasonable
protection of privacy and commercial confidentiality.

2. CONTACT DETAILS (SECTION 51(1)(A))
2.1

The Company’s full names, its company registration numbers, physical address, telephone number
and email address can be found in the header/footer of this Manual. The Company does not have afax number at this stage.

2.2

The head of the Company is Mr. Bradley Marc Silbermann, and his contact details can be found inthe header/footer of this Manual. The designated contact persons for the Company are Mr. Ndumiso
Ntuli or alternatively Mr. Gerhard Olivier, and their contact details can be found in the header/footerof this Manual.

3.

GUIDE ON HOW TO USE PAIA (SECTION 51(1)(B))
3.1

The Human Rights Commission has compiled a guide (as contemplated in section 10 of PAIA)
containing information to assist any person who wishes to exercise any right as contemplated in theAct.

3.2

The contact details of the Human Rights Commission are -Postal address:

Private Bag 2700, Houghton 2041

Physical address:

Braampark Forum 3, 33 Hoofd Street, Johannesburg

Telephone:+27 11 877 3600

Telefax:+27 11 403 0668

Website:www.sahrc.org.za

Email:

paia@sahrc.org.za

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4.

AUTOMATIC AVAILABILITY OF CERTAIN RECORDS (SECTION 51(1)(C))
4.1

5.

At this stage, no notice(s) has/have been published on the categories of records that are automaticallyavailable without a person having to request access in terms of PAIA.
RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION (SECTION 51(1)(D))

5.1

Information is available in terms of the following legislation, if and where applicable:

5.1.1

Attorneys Act No. 53 of 1979

5.1.2

Basic Conditions of Employment Act No 75 of 1997

5.1.3

Companies Act No 61 of 1973

5.1.4

Companies Act No 71 of 2008

5.1.5

Compensation of Occupational Injuries and Diseases Act No 13 of 1993

5.1.6

Electronic Communications and Transactions Act No 25 of 2002

5.1.7

Employment Equity Act No 55 of 1998

5.1.8

Financial Intelligence Centre Act No 38 of 2001

5.1.9

Income Tax Act No 58 of 1962

5.1.10 Insolvency Act No 24 of 1936
5.1.11 Labour Relations Act No 66 of 1995
5.1.12 Legal Practice Act No 28 of 2014
5.1.13 Occupational Health and Safety Act No 85 of 1993
5.1.14 Patents Act No 57 of 1978
5.1.15 Pension Funds Act No 24 of 1956
5.1.16 Promotion of Access to Information Act No 2 of 2000
5.1.17 Protection of Personal Information Act No 4 of 2013
5.1.18 Skills Development Levies Act No 9 of 1999
5.1.19 Trademarks Act No 194 of 1993
5.1.20 Unemployment Insurance Act No 30 of 1966
5.1.21 Value Added Tax Act No 89 of 1991
6.

RECORDS THAT MAY BE REQUESTED (SECTION 51(1)(E))
6.1

The following records may be requested, if and where applicable to the Company:

6.1.1

Companies Act Records:•

Memorandum of Incorporation.

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••
•
6.1.2

Minutes of Board of Directors meetings.
Records relating to the appointment of directors/ auditor/ secretary/ public officer and otherofficers.
Share Register and other statutory registers.

Financial Records:•••••••

Annual Financial Statements.
Tax Returns.
Accounting Records.
Banking Records, Bank Statements, Paid Cheques.
Asset Register.
Rental Agreements.
Invoices.

6.1.3

Income Tax Records:•PAYE Records.
•Documents issued to employees for income tax purposes.
•Records of payments made to SARS on behalf of employees.
•All other statutory compliances:oVAT.
oRegional Services Levies.
oSkills Development Levies.
oUIF.
oWorkmen’s Compensation.
oSecurities Transfer Tax.

6.1.4

Personnel Documents and Records:•Employment contracts.
•Employment Equity Plan (if applicable).
•Medical Aid records (if applicable).
•Pension Fund records (if applicable).
•
Disciplinary procedures and records.
•Salary records.
•SETA records (if applicable).
•
Disciplinary code.
•Leave records.
•Training records.
•
Training Manuals (if applicable).

6.1.5

Client records.

6.1.6

Commercial contracts and Insurance contracts.

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7.

PROCESS OF REQUESTING INFORMATION IN TERMS OF PAIA
7.1

A request shall be made on the prescribed form. A copy of the form is attached to this Manual andmarked Annexure "A". This request must be made to the head of the Company at the address orelectronic mail address of the Company. (Section 53(1))

7.2

The requester must provide sufficient detail on the request form to enable the head of the Company
to identify the record and the requester.
The requester should indicate which form of access is required. The requester should specify a postal
address or fax number of the requester in the Republic. The requester should indicate if any othermanner is to be used to inform the requester and state the necessary particulars to be so informed.
(Section 53(2)(a),(b),(c) and (e))

7.3

The requester must identify the right that is sought to be exercised or to be protected and provide anexplanation of why the requested record is required for the exercise or protection of that right. (Section53(2)(d))

7.4

If a request is made on behalf of another person, the requester must then submit proof of the capacityin which the requester is making the request to the satisfaction of the head of the Company. (Section53(2)(f))

7.5

A requester who seeks access to a record containing personal information about that requester is not
required to pay the request fee. Every other requester, who is not a personal requester, must pay therequired request fee:

7.5.1

The head of the Company must notify the requester (other than a personal requester) by notice,requiring the requester to pay the prescribed fee (if any) before further processing the request. Section
54(1))

7.5.2

The fee that the requester must pay to the Company is R50.00. The requester may lodge anapplication to the court against the tender or payment of the request fee. (Section 54(3)(b))

7.5.3

After the head of the Company has made a decision on the request, the requester must be notified in
the required form.

7.5.4

If the request is granted, then a further prescribed access fee must be paid for the search,
reproduction, preparation and for any time that has exceeded the prescribed hours to search andprepare the record for disclosure. (Section 54(6))

7.5.5

The fee structure is available on the website of the South African Human Rights Commission atwww.sahrc.org.za.

7.6

The head of the Company, as soon as reasonably possible and within thirty days after the request
has been received, shall decide whether or not to grant the request. The requester will be notified ofthe decision of the head of the Company in the manner indicated by the requester. If the request isinfo@ageragroup

granted, the requester shall be informed by the head of the Company in the manner indicated by therequester in the prescribed form. If the request for access is refused, adequate reasons for the refusal
will be supplied and will the requestor have the remedy to lodge an application with a court against
the refusal of the request. (Section 56)

8.

7.7

The head of the private body must refuse a request for access to a record if its disclosure would
involve the unreasonable disclosure of personal information about the third party, including adeceased individual.
Furthermore, he must refuse a request for access to a record of the private body if the record contains
trade secrets, financial, commercial, scientific, and technical information - the disclosure of which
could harm the interests of the Company. (Section 63) Similarly, the refusal grounds apply in respectof the commercial information of third parties held by the Company. Access tosuch records will require
the written permission of the third party concerned before the Company will permit to view. (Section64)

7.8

The head of the Company must refuse a request for access to a record if the disclosure of such arecord could reasonably be expected to endanger the life or physical safety of an individual. (Section65)

7.9

A request will be refused if the record is privileged from production in legal proceedings unless theperson entitled to the privilege has waived such privilege. (Section 67)
OTHER INFORMATION AS MAY BE PRESCRIBED (SECTION 51(1)(F))
The Minister of Justice and Constitutional Development has not made any regulations in this regard.

9.

AVAILABILITY OF THIS MANUAL (SECTION 51(3))
This Manual is available for inspection, free of charge. A copy of this Manual is also available on ourwebsite: https://audionote.co.za_____________________
MR. B M SILBERMANNDIRECTORinfo@ageragroup

Annexure A – Prescribed Form
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000))[Regulation 10]

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