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Statutory Compliance · PAIA Act 2 of 2000

Section 51 PAIA Manual

Hein Wagner Academy NPC · Registration Number: 2019 / 025161 / 08 · Version 2.0 · Date of compilation: 2026-09-24

Authoritative HTML Version 2.0. Formal PDF copies and public inspection are available upon request from the Information Officer.
Review: Annually or sooner if required

1. Contact Details of the Head of the Academy and the Information Officer

1.1 Head of the Academy:

  • 1.1.1 Name: Hein Wagner
  • 1.1.2 Capacity: Founder and Chief Executive Officer
  • 1.1.3 Physical Address: 20 Adderley Street, Worcester, Western Cape, 6850
  • 1.1.4 Postal Address: 20 Adderley Street, Worcester, Western Cape, 6850
  • 1.1.5 Telephone Number: 023 346 6800
  • 1.1.6 E-mail Address: [email protected]

1.2 Information Officer:

The Academy has designated an Information Officer, registered with the Information Regulator, who is responsible for the Academy’s compliance with PAIA and with the Protection of Personal Information Act 4 of 2013 (“POPIA”), and to whom requests for access to records must be directed:

  • 1.2.1 Designation: The Information Officer, Hein Wagner Academy NPC
  • 1.2.2 Physical Address: 20 Adderley Street, Worcester, Western Cape, 6850
  • 1.2.3 Postal Address: 20 Adderley Street, Worcester, Western Cape, 6850
  • 1.2.4 Telephone Number: 023 346 6800
  • 1.2.5 E-mail Address: [email protected]

1.3 All correspondence in terms of PAIA and POPIA, including requests for access to records, must be addressed to the Information Officer at [email protected].

1.4 The name of the individual currently holding the office of Information Officer, and of any Deputy Information Officer designated in terms of section 17(1) of PAIA, will be furnished on request at the address in clause 1.3.

2. Guide of the Information Regulator (Section 10 of PAIA)

2.1 The Information Regulator has, in terms of section 10 of PAIA, compiled a guide containing information reasonably required by a person wishing to exercise any right contemplated in PAIA or POPIA.

2.2 The Guide sets out the objects of PAIA and POPIA, the particulars of the head of every private body, the manner and form of a request for access to a record, the assistance available from the Information Officer and from the Information Regulator, the remedies available in respect of an act or omission of a private body, and the provisions requiring a private body to make records available voluntarily.

2.3 The Guide is available in each of the official languages of the Republic and may be obtained from the Information Regulator, free of charge, at www.inforegulator.org.za, or on request from the Information Regulator at the details below:

2.4 Information Regulator (South Africa):

3. Records Available Without a Formal Request

3.1 No notice has been published by the Academy in terms of section 52(2) of PAIA.

3.2 The Academy nevertheless makes the following records available voluntarily, on its website at www.heinwagneracademy.org or on informal request, without a requester having to submit a formal request in terms of PAIA:

  • 3.2.1 marketing material, public brochures and newsletters;
  • 3.2.2 publicly available course modules and educational programme outlines;
  • 3.2.3 general institutional information regarding the Academy’s non-profit activities;
  • 3.2.4 the Academy’s Privacy Notice and this Manual; and
  • 3.2.5 public corporate filings lodged with the Companies and Intellectual Property Commission.

4. Records Available in Terms of Other Legislation

4.1 The following records are held by the Academy in terms of the legislation indicated, and access to those records is governed by that legislation:

  • 4.1.1 corporate, governance and statutory records, in terms of the Companies Act 71 of 2008 and the Non-profit Organisations Act 71 of 1997;
  • 4.1.2 financial, accounting and tax records, including records relating to approval under section 18A, in terms of the Income Tax Act 58 of 1962;
  • 4.1.3 employment, payroll and personnel records, in terms of the Basic Conditions of Employment Act 75 of 1997, the Labour Relations Act 66 of 1995, the Employment Equity Act 55 of 1998 and the Unemployment Insurance Contributions Act 4 of 2002;
  • 4.1.4 records relating to occupational injuries and diseases, in terms of the Compensation for Occupational Injuries and Diseases Act 130 of 1993;
  • 4.1.5 skills development, learnership and accreditation records, in terms of the Skills Development Act 97 of 1998 and the Continuing Education and Training Act 16 of 2006;
  • 4.1.6 records relating to learners under the age of 18 years, in terms of the Children’s Act 38 of 2005; and
  • 4.1.7 records relating to the processing of personal information and to requests for access to information, in terms of POPIA and PAIA.

5. Subjects and Categories of Records Held by the Academy

5.1 The Academy holds records on the following subjects. Access to these records requires a request in terms of section 50 of PAIA, submitted in accordance with clause 7 below. The inclusion of a category in this clause does not mean that access will be granted, as a request remains subject to the grounds of refusal in Chapter 4 of Part 3 of PAIA.

5.2 Governance and corporate records:

  • 5.2.1 the Memorandum of Incorporation and registration certificates issued by the Companies and Intellectual Property Commission;
  • 5.2.2 board resolutions, minutes of meetings and records of the Academy’s governance structures; and
  • 5.2.3 non-profit organisation registration certificates and records relating to approval under section 18A of the Income Tax Act.

5.3 Financial and operational records:

  • 5.3.1 annual financial statements, banking records, audit reports and accounting ledgers; and
  • 5.3.2 asset registers, supplier agreements, procurement documentation and operational correspondence.

5.4 Human resources records:

  • 5.4.1 employment contracts, personnel files, performance records and internal policies;
  • 5.4.2 statutory payroll records and submissions relating to employees’ tax, unemployment insurance and compensation for occupational injuries and diseases; and
  • 5.4.3 accreditation files and workplace skills plans submitted to the relevant Sector Education and Training Authority.

5.5 Academic and student records:

  • 5.5.1 enrolment applications, identification records and admission agreements;
  • 5.5.2 academic transcripts, assessment portfolios, examination results and attendance registers;
  • 5.5.3 hostel residence records;
  • 5.5.4 consent records completed by a parent or other competent person in respect of learners under the age of 18 years; and
  • 5.5.5 agreements with partner institutions, funders and programme sponsors.

5.6 Donor and fundraising records:

Donor and fundraising records, including donor contact details, donation histories, correspondence and tax certificates issued in terms of section 18A of the Income Tax Act.

6. Processing of Personal Information (Section 51(1)(c) of PAIA)

6.1 Purpose of the processing: The Academy processes personal information for the performance of its training contracts and its educational, academic and residential administration; for recruitment, employment and payroll administration; for donor administration, non-profit governance, financial reporting and the issuing of tax certificates; for securing the disability benefits, funding and support to which learners are entitled; for compliance with its statutory and reporting obligations; and for responding to enquiries received through its website and other channels.

6.2 Categories of data subjects and the information relating to them:
  • 6.2.1 students of the Academy’s vocational and cyber security programmes — names, identity numbers, contact details, medical records, academic results, assessment data, sponsorship records and financial intake forms;
  • 6.2.2 staff members and job applicants — curricula vitae, qualifications, identity numbers, tax numbers, payroll data, banking details and general human resources records;
  • 6.2.3 donors, both active and prospective — contact details, correspondence records, payment and donation histories and tax certificate details;
  • 6.2.4 hostel residents — names, emergency contact details, room allocation records and residential intake forms;
  • 6.2.5 parents, guardians and other competent persons acting for learners under the age of 18 years — names, contact details and consent records; and
  • 6.2.6 website visitors and enquirers — names, contact details, message content and technical information generated by the website and its security and hosting services.

6.3 Special personal information: The Academy processes learner medical files, disability assessments and visual impairment diagnostic records, which constitute special personal information as defined in section 26 of POPIA, under the authorisations in section 27 of POPIA.

6.4 Recipients or categories of recipients to whom the personal information may be supplied:
  • 6.4.1 national and provincial departments and statutory funding bodies responsible for higher education, student financial aid and disability benefits;
  • 6.4.2 partner educational institutions, programme sponsors, professional bodies and Sector Education and Training Authorities;
  • 6.4.3 the South African Revenue Service, statutory funds, the Academy’s auditors, and its payroll, accounting and payment service providers;
  • 6.4.4 the Academy’s website hosting, content delivery and information security service providers;
  • 6.4.5 operators that process personal information on the Academy’s behalf under written mandate, including cloud service providers; and
  • 6.4.6 any person or body to whom the Academy is required or permitted by law to disclose personal information.

6.5 Planned transborder flows of personal information: The Academy uses established international cloud, hosting and payment services, and corresponds with international donors, foreign educational partners and programme sponsors. Personal information may accordingly be stored or processed outside the Republic of South Africa. Such transfers are made only where section 72 of POPIA is satisfied, namely where the recipient is subject to a law, binding corporate rules or a binding agreement providing an adequate level of protection substantially similar to the conditions for lawful processing under POPIA, or where another ground in section 72 applies.

6.6 General description of information security measures: The Academy maintains appropriate, reasonable technical and organisational measures to secure the integrity and confidentiality of the personal information in its possession and to prevent its loss, damage, unauthorised destruction or unlawful access, as required by section 19 of POPIA. These measures include the restriction of access to records to personnel who require them in order to perform their functions, secured physical storage for hardcopy records, access control and security measures applied to the Academy’s information systems, contractual security obligations imposed on operators, and the periodic identification and review of the risks to which personal information is exposed.

7. Procedure for Requesting Access to Records

7.1 A request for access to a record held by the Academy must be made on Form 2 prescribed by the Regulations Relating to the Promotion of Access to Information, 2021.

7.2 Form 2 is available on the website of the Information Regulator at www.inforegulator.org.za, and may also be obtained from the Academy on request.

7.3 The completed Form 2 must be submitted to the Information Officer by email to [email protected], or delivered to the Academy at the address in clause 1, and must:

  • 7.3.1 provide sufficient particulars to enable the Information Officer to identify the record or records requested and to identify the requester;
  • 7.3.2 identify the right that the requester seeks to exercise or protect, and explain why the record requested is required for the exercise or protection of that right;
  • 7.3.3 indicate the form of access required, and whether the requester wishes to be informed of the decision in any manner in addition to writing, together with the necessary particulars for that purpose;
  • 7.3.4 state the postal address, email address and, where available, the telephone number of the requester; and
  • 7.3.5 where the request is made on behalf of another person, include proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the Information Officer.

7.4 The Information Officer will, within 30 days of receipt of the request, decide whether to grant or refuse the request and will notify the requester of the decision in the required form. That period may be extended in the circumstances contemplated in section 57 of PAIA, in which event the requester will be notified of the extension and of the reasons for it.

7.5 Where the request is refused, the notice will state the reasons for the refusal, the provisions of PAIA relied upon, and that the requester may lodge a complaint with the Information Regulator or an application with a court against the refusal, together with the procedure and period for doing so.

7.6 A request may be refused on any of the grounds set out in Chapter 4 of Part 3 of PAIA, which include the mandatory protection of the privacy of a third party who is a natural person, the mandatory protection of the commercial information of a third party, the mandatory protection of confidential information of a third party, the protection of the safety of individuals and of property, the protection of records privileged from production in legal proceedings, the protection of the commercial activities of the Academy, and manifestly frivolous or vexatious requests.

7.7 The Information Officer may require the requester to furnish proof of identity before the request is processed, in order to protect the records from disclosure to an unauthorised person.

7.8 Where a requester is unable to make a request in writing because of illiteracy or disability, the request may be made orally, and the Information Officer will reduce it to writing on Form 2 and provide a copy to the requester.

8. Fees Payable

8.1 The fees payable are those prescribed in Annexure B to the Regulations Relating to the Promotion of Access to Information, 2021, and are set out below. The Academy may not charge any fee other than the prescribed fees.

8.2 A request fee is payable by every requester before the request is processed further. The request fee is not refundable.

8.3 Where a request is granted, an access fee is payable for the reproduction of the record and for the time reasonably required, in excess of the first hour, to search for and prepare the record for disclosure.

8.4 Where the search for and preparation of a record is likely to exceed six hours, the requester will be required by notice to pay a deposit of not more than one third of the access fee that would be payable if the request were granted. If the request is subsequently refused, the deposit will be repaid.

8.5 The Academy may withhold a record until the applicable fees have been paid.

8.6 Prescribed fees for private bodies:

Prescribed fees for private bodies under PAIA Regulations Annexure B
Item Amount
Request fee, payable by every requester R140.00
Photocopy or printed black and white copy of an A4-size page or part thereof R2.00
Printed copy of an A4-size page or part thereof R2.00
Copy in computer-readable form on a flash drive provided by the requester R40.00
Copy in computer-readable form on a compact disc provided by the requester R40.00
Copy in computer-readable form on a compact disc provided to the requester R60.00
Transcription of an audio record, per A4-size page R24.00
Copy of an audio record on a flash drive or compact disc provided by the requester R40.00
Copy of an audio record on a compact disc provided to the requester R60.00
Search and preparation, for each hour or part of an hour excluding the first hour, to a maximum of R435.00 R145.00
Transcription or copy of visual images Outsourced; fee per service provider quotation
Postage, email or other electronic transfer Actual expense, if any

8.7 A requester may lodge a complaint with the Information Regulator, or an application with a court, against the tender or payment of a request fee or of a deposit. The notice requiring payment will state the procedure and the period for doing so.

9. Availability of the Manual

9.1 This Manual is available:

  • 9.1.1 on the Academy’s website at www.heinwagneracademy.org;
  • 9.1.2 for public inspection during normal business hours at the principal place of business of the Academy at 20 Adderley Street, Worcester, Western Cape, 6850, free of charge;
  • 9.1.3 to any person on request, against payment of a reasonable amount; and
  • 9.1.4 to the Information Regulator on request.

9.2 This Manual is available in English and in Afrikaans. A copy in another official language of the Republic may be requested at [email protected].

9.3 This Manual is updated on a regular basis. It is reviewed at least annually, and sooner where the Academy’s records, processing activities or the applicable law change materially. The version number and date of compilation appear on the cover page.