A. OVERVIEW AND OBJECTIVES OF THE MANUAL
Empilweni NPO Registration: 022-252 is a community-based Mental Health Project situated in Khayelitsha, Cape Town. The organisation specialises in dealing with counselling programmes (depression, anxiety, and post-traumatic stress disorder) for children aged 4 to 18.
The Promotion of Access to Information Act 2 of 2000, (PAIA) gives effect to section 32 of the Constitution, which provides that everyone has the right to access information held by the State, as well as information held by another person (or private body) when such privately held information is required for the exercise and protection of rights. If a public body lodges a request, the public body must be acting in the public interest.
B. CONTACT DETAILS OF THE INFORMATION OFFICER IN TERMS OF SECTION 51(1) (A) OF PAIA
The Director, is the designated information officer
Name: Mr William Williams
Telephone Number: 021 361-7063
Email address: director@empilweni.org
Postal address: Private Bag 74 Khayelitsha 7783
The Service Manager, is the designated deputy information officer
Name: Mr Lulama Mfuniselwa
Telephone Number: 021 361-7063
Email address: servicemanager@empilweni.org
Postal address: Private Bag 74 Khayelitsha 7783
C. HUMAN RIGHTS COMMISSION GUIDE
The guide will contain such information as may reasonably be required by a person who wishes to exercise any right contemplated in the Act. Any enquiries regarding this guide should be directed to:
• The South African Human Rights Commission
• Private Bag X2700, HOUGHTON, 2041;
• Telephone Number : 011 877 3600;
• Facsimile Number : 011 403 0625
• Website : www.sahrc.org.za
• Email address : paia@sahrc.org.za
D. RECORDS THAT ARE AUTOMATICALLY AVAILABLE TO EMPLOYEES
• Personal records provided by personnel.
• Records provided by a third party relating to personnel.
• Conditions of employment and other personnel-related contractual and records.
• Records of disciplinary hearings and related matters are available to the employee concerned.
• Internal evaluation records and other internal records.
• Correspondence relating to personnel.
• Training schedules and material
E. RECORDS HELD BY THE COMPANY AS CONTEMPLATED IN SECTION 51(1)(D)
• Databases;
• Statutory records;
• Workmen’s compensation;
• UIF;
• skills development levies.
F. OTHER TYPES OF RECORDS HELD BY THE COMPANY AS CONTEMPLATED IN SECTION 51(1)(C)
• Personnel information including personal information, employment history and health records;
• Training and development information;
• Information on employee benefits and employee recruitment and selection information;
• Financial records;
• Salary information;
• Bank account information;
• Internal correspondence.
G. REFUSAL OF ACCESS TO INFORMATION
• Mandatory protection of the privacy of a third party who is a natural person/juristic person, which would involve the unreasonable disclosure of personal information of that natural person/juristic;
• Mandatory protection of the commercial information of a third party, if the record contains: trade secrets of the third party;
• Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
• Mandatory protection of the safety of individuals and the protection of property;
• Mandatory protection of records which would be regarded as privileged in legal proceedings
H. REQUEST PROCEDURE
• A request shall be made on the prescribed form. The form is available from the website of the HRC, or the website of the Department of Justice and Constitutional Development at www.doj.gov.za.
• The prescribed form must be submitted to the information officer.
• The information officer shall as soon as reasonably possible and within thirty days after the request has been received, decide whether to grant the request.
• The information officer shall also inform the requester of the fee to be paid and the format of the access.
I. REMEDIES AVAILABLE WHEN REQUEST REFUSED
• Empilweni does not have an internal appeals procedure. The decision taken by the information officer is final. Should the requester be dissatisfied with the decision of the information officer, the requester will have to exercise an external appeals remedy.
• A requestor who is dissatisfied with the Information Officer’s refusal to disclose information, may within 30 days of notification of the decision, apply to a Court for relief.C. HUMAN RIGHTS COMMISSION GUIDE
The guide will contain such information as may reasonably be required by a person who wishes to exercise any right contemplated in the Act. Any enquiries regarding this guide should be directed to:
• The South African Human Rights Commission
• Private Bag X2700, HOUGHTON, 2041;
• Telephone Number : 011 877 3600;
• Facsimile Number : 011 403 0625
• Website : www.sahrc.org.za
• Email address : paia@sahrc.org.za