PAIA Manual
This manual is published in terms of section 51 of the Promotion of Access to Information Act, Act 2 of 2000 ("the Act"). It applies to Absolute Flight Services (Pty) Ltd (registration number 2005/016337/07), a private body incorporated under South African law. Absolute Flight Services (Pty) Ltd forms part of Absolute Aviation Group, and its group of companies, and of AX Aero Group, and its group of companies. The manual sets out how a requester may seek access to records held by Absolute Flight Services (Pty) Ltd.
1. Introduction and purpose of the Act
The Promotion of Access to Information Act, Act 2 of 2000 ("the Act"), was enacted to give effect to the constitutional right of access to any information held by the State, and to any information held by another person that is required for the exercise or protection of any rights.
Section 32(1)(a) of the Constitution provides that everyone has the right of access to any information held by the state. Section 32(1)(b) provides for the horizontal application of that right to information held by another person, where the information is required for the exercise or protection of any rights.
The Act fosters a culture of transparency and accountability in public and private bodies, and actively promotes a society in which the people of South Africa have effective access to information.
Absolute Flight Services (Pty) Ltd has extensive experience in broad based general aviation services and forms part of Absolute Aviation Group, and its group of companies, and of AX Aero Group, and its group of companies.
2. Definitions
"The Act" means the Promotion of Access to Information Act, Act 2 of 2000.
"Working days" means any day other than a Saturday, Sunday or public holiday.
"Requester" means any person making a request for access to a record.
"Personal requester" means a requester who is seeking access to a record containing personal information about that requester.
"Third party" means any person other than the requester.
"The Company" means Absolute Flight Services (Pty) Ltd (registration number 2005/016337/07).
3. Guide in terms of section 10 of the Act
The Act grants a requester access to records of a private body if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.
Requests in terms of the Act must be made in accordance with the prescribed procedures and at the prescribed rates.
Requesters are referred to the Guide compiled in terms of section 10 of the Act, which contains information for the purpose of exercising constitutional rights. This Guide is available from the South African Human Rights Commission (postal address: Private Bag 2700, Houghton, 2041; telephone: +27 11 877 3600; website: www.sahrc.org.za), and from the Information Regulator (South Africa) at https://inforegulator.org.za.
4. Contact details and Information Officer (section 51(1)(a))
Company: Absolute Flight Services (Pty) Ltd (registration number 2005/016337/07).
Directors: [Directors to be confirmed].
Information Officer (registered with the Information Regulator): [Information Officer to be confirmed].
Email address for requests: africa@axis-aviation.com.
Physical address: [To be confirmed].
Postal address: [To be confirmed].
Telephone number: [To be confirmed].
5. Notices published in terms of section 52(2)
At this stage no notices have been published in terms of section 52(2) of the Act.
6. Information available in terms of other legislation (section 51(1)(c))
- Basic Conditions of Employment Act 75 of 1997
- Broad-Based Black Economic Empowerment Act 53 of 2003
- Civil Aviation Act 13 of 2009
- Companies Act 71 of 2008
- Compensation for Occupational Injuries and Diseases Act 130 of 1993
- Competition Act 1998
- Consumer Protection Act 68 of 2008
- Electronic Communications and Transactions Act 25 of 2002
- Employment Equity Act 55 of 1998
- Income Tax Act 58 of 1962
- Labour Relations Act 66 of 1995
- Occupational Health and Safety Act 1993
- Prevention and Combating of Corrupt Activities Act 12 of 2004
- Promotion of Access to Information Act 2 of 2000
- Protection of Personal Information Act 4 of 2013
- Regulation of Interception of Electronic Communications Act 70 of 2002
- Skills Development Act 9 of 1998
- Skills Development Levies Act 1999
- Unemployment Insurance Act 63 of 2001
- Value-Added Tax Act 89 of 1991
7. Information automatically available
Information published on the website of AXIS Aviation South Africa is available without the need for a formal request under the Act.
8. Categories of records held (section 51(1)(d))
Absolute Flight Services (Pty) Ltd holds records in the following categories. The listing of a category does not mean that access will be granted; requests remain subject to the grounds for refusal set out in this manual.
Personnel records: records provided by employees, records provided by individuals other than employees, employment agreements and conditions of employment, disciplinary and evaluation records, correspondence relating to personnel, training material, requests for leave, absence records, and personnel files.
Client records: records provided by a client, and records generated by or within the Company.
General records: financial records, insurance records, the asset register, databases, marketing records, internal correspondence, external correspondence, minute books, and the register of directors and officers.
9. How to submit a request (manner of access, section 51(1)(e))
- Complete the prescribed request form. The prescribed form is available from the offices of Absolute Flight Services (Pty) Ltd and on the website of AXIS Aviation South Africa.
- Provide sufficient particulars to enable the Information Officer to identify the record and the requester, and to identify the right the requester seeks to exercise or protect together with an explanation of why the requested record is required for that purpose.
- State the form of access required and the manner in which the requester wishes to be informed of the decision.
- Submit the completed form to the Information Officer of Absolute Flight Services (Pty) Ltd at africa@axis-aviation.com, marked for the attention of the Information Officer.
- Pay the prescribed fees where these are payable (see the section on prescribed fees below).
10. Prescribed fees (section 51(1)(f))
A requester who seeks access to a record is required to pay the prescribed request fee and, where applicable, an access fee for the reproduction, search and preparation of the record, and for any time reasonably required in excess of the prescribed hours to search for and prepare the record.
A personal requester is not required to pay a request fee.
The applicable fee structure is published by the South African Human Rights Commission (www.sahrc.org.za) and the Department of Justice and Constitutional Development (www.doj.gov.za). The Information Officer will notify the requester of the fees payable before processing the request.
11. Grounds for refusal (sections 62 to 69)
- Mandatory protection of the privacy of a third party who is a natural person.
- Mandatory protection of the commercial information of a third party.
- Mandatory protection of certain confidential information of a third party.
- Mandatory protection of the safety of individuals and the protection of property.
- Mandatory protection of records privileged from production in legal proceedings.
- Protection of the commercial information of Absolute Flight Services (Pty) Ltd.
- Mandatory protection of the research information of a third party.
12. Mandatory disclosure in the public interest
Despite any of the grounds for refusal above, a request must be granted if the disclosure of the record would reveal evidence of a substantial contravention of, or failure to comply with, the law, or an imminent and serious risk to public safety or the environment, and the public interest in the disclosure of the record clearly outweighs the harm contemplated.
13. Complaints and appeals to the Information Regulator
A requester who is aggrieved by a decision of the Information Officer, including a refusal of access, a decision on fees, or a failure to respond within the period allowed by the Act, may lodge a complaint with the Information Regulator (South Africa).
The Information Regulator may be contacted at https://inforegulator.org.za. A complaint must be lodged in the manner and within the periods prescribed under the Act.
Nothing in this manual limits any further right a requester may have to apply to a court for appropriate relief in terms of the Act.
14. Availability of the manual
Copies of this manual are available for inspection free of charge at the offices of Absolute Flight Services (Pty) Ltd and on the website of AXIS Aviation South Africa.
Requests for access to information, and any question about this manual, may be directed to the Information Officer of Absolute Flight Services (Pty) Ltd at africa@axis-aviation.com. This manual is available for inspection free of charge and on the website of AXIS Aviation South Africa. A requester who is dissatisfied with a decision may lodge a complaint with the Information Regulator (South Africa) at https://inforegulator.org.za.