PAIA Policy
Effective Date: 23 August 2024
1.About Us
1.1Bash (Pty) Ltd (the 'Company', 'we', 'us', or 'our') is a private company registered and operating in accordance with the laws of the Republic of South Africa, situated at 2nd floor, Block 3, Northgate Park, Section Street, Paarden Eiland, Cape Town, Western Cape, 7441 ("offices"). At the Company, we understand the importance of transparency and value your right of access to information.
2.About this PAIA manual
2.1This manual is published pursuant to section 51 of the Promotion of Access to Information Act No. 2 of 2000 ("PAIA").
2.2A copy of this manual is available:
2.2.1at https://bashafrica.com/ ("website");
2.2.2at our offices during ordinary business hours;
2.2.3to any person upon request and upon the payment of a reasonable prescribed fee; and
2.2.4to the Information Regulator upon request.
2.3We may update this manual from time to time by publishing a revised version on our website which shall take effect on the date of publication.
3.Definitions
3.1This manual is published pursuant to section 51 of the Promotion of Access to Information Act No. 2 of 2000 ("PAIA").
3.1.1"Information Regulator" means the independent body established in terms of section 39 of the Protection of Personal Information Act 4 of 2013;
3.1.2"POPIA" means the Protection of Personal Information Act 4 of 2013;
3.1.3"Record" means any recorded information in the possession or under the control of the Company, whether or not it was created by the Company, regardless of form or medium.
4.Entry point for access to information requests
4.1Section 50 of PAIA provides that the Company is required to provide access to a Record if:
4.1.1that Record is required for the exercise or protection of any rights;
4.1.2the requesting person complies with the procedural requirements in PAIA relating to a request for access to that Record (which are explained in the guide referred to in paragraph 5); and
4.1.3access to that Record is not refused in terms of a ground for refusal contemplated in sections 62 to 70 of PAIA.
4.2Information will therefore not be furnished unless you have provided sufficient particulars to enable the Company to identify the right that you seek to protect or exercise, as well as an explanation as to why the Record is required for the exercise or protection of that right. The exercise of an individual’s rights is subject to justifiable limitations, including the reasonable protection of privacy, commercial confidentiality, and effective and good governance.
5.Guide on how to use PAIA and how to obtain access to the guide
5.1The Information Regulator has, in terms of section 10(1) of PAIA, updated and made available a revised guide on how to use PAIA, in an easily comprehensible form and manner. The guide contains information to assist a person wishing to exercise a right of access to information in terms of PAIA and POPIA.
5.2Availability of the guide:
5.2.1Members of the public can inspect or make copies of the guide from the offices of public and private bodies, including the office of the Information Regulator, during normal working hours. The guide is also available upon request from the Information Officer.
5.2.2The guide is also electronically available and can be downloaded from the Information Regulator's website at the following link: https://inforegulator.org.za/wp-content/uploads/2020/07/PAIA-Guide-English_20210905.pdf.
5.3Any enquiries regarding the guide should be directed to the Information Regulator:
6.Categories of Records which are available without a person having to request access
7.Records kept by the Company in accordance with other legislation
7.1Please note that the recording of the subject and categories of Records held by the Company in this manual does not imply that a request for access to said Records will be granted. All requests for access will be evaluated on a case-by-case basis in accordance with the provisions of PAIA and the relevant legislation concerned.
7.2The Company may be required to provide access to certain Records to persons or entities who are entitled to access such Records under other legislation, which legislation may include, but not be limited to:
7.2.1Companies Act 71 of 2008;
7.2.2Basic Conditions of Employment Act 75 of 1997;
7.2.3Compensation for Occupational Injuries and Diseases Act 130 of 1993;
7.2.4Income Tax Act 58 of 1962;
7.2.5Unemployment Insurance Act 30 of 1966;
7.2.6Value Added Tax Act 89 of 1991;
7.2.7Protection of Personal Information Act 4 of 2013;
7.2.8Consumer Protection Act 68 of 2008;
7.2.9Broad-Based Black Economic Empowerment Act 53 of 2003;
7.2.10Financial Intelligence Centre Act 38 of 2001;
7.2.11Labour Relations Act 66 of 1995;
7.2.12Occupational Health and Safety Act 85 of 1993;
7.2.13Pension Funds Act 24 of 1956;
7.2.14Promotion of Access to Information Act 2 of 2000;
7.2.15Skills Development Act 97 of 1998;
7.2.16National Credit Act 34 of 2005;
7.2.17Competition Act 89 of 1998;
7.2.18Unemployment Insurance Contributions Act 4 of 2002.
8.Description of the subjects and categories of Records which the Company holds
10.Processing of personal information
10.1For information concerning the Company's compliance with POPIA, please refer to our privacy policy which is available at https://bashafrica.com/pages/privacy-policy.