Promotion of Access to Information Act Manual

1. Introduction

1. 1.1This manual is published by Somerset West Country Club (NPO Registration Number 094-210-NPO), a non-profit organisation (“the Club”, “we”, “us”), in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”). PAIA gives effect to the constitutional right of access to any information held by a public or private body that is required for the exercise or protection of any right.
2. 1.2This manual is intended to assist members of the public and other requesters to understand what records the Club holds, how to request access to those records, and what to expect from the request process. It should be read together with the Club’s Privacy Policy, which explains in more detail how the Club processes personal information under the Protection of Personal Information Act 4 of 2013 (“POPIA”).
3. 1.3As from 1 January 2022, private bodies are no longer required to file this manual with the Information Regulator, but must make it available as set out in clause 8 below.

2. Contact details

1. 2.1All PAIA requests should be directed to the Information Officer at the address, email or telephone number set out above.

3. How to use this manual and PAIA

1. 3.1The Information Regulator has published a Guide, in terms of section 10 of PAIA, containing information to assist a requester to exercise their rights under PAIA (including the manner and form in which requests must be made). The Guide is available from the Information Regulator, whose details are as follows:

4. Records available without a formal request

1. 4.1The following records are made freely available by the Club, without the need to lodge a formal PAIA request, at the Club’s offices and/or on the Club website:
   1. 4.1.1this PAIA manual;
   2. 4.1.2the Club’s Privacy Policy (POPIA);
   3. 4.1.3the Club’s constitution;
   4. 4.1.4the official rules and terms and conditions of any Club lottery / raffle, including the currently registered 2027 Ryder Cup Grand Prize Draw;
   5. 4.1.5the Club’s National Lotteries Commission society and scheme registration confirmations;
   6. 4.1.6general Club membership and facility information; and
   7. 4.1.7annual financial statements presented to members at the Club’s AGM.

5. Description of records held

1. 5.1In terms of section 51(1)(b) of PAIA, the Club holds records falling within the categories listed in the table below. This description is provided in sufficient detail to facilitate a request for access; it does not mean that access will necessarily be granted, as all requests are considered against the grounds for refusal set out in Chapter 4 of Part 2 of PAIA.

6. How to request access to a record

1. 6.1Who may request: Any person (including a company, close corporation, trust or other legal entity) may request access to a record held by the Club, provided the requester needs the record for the exercise or protection of a right, and follows the procedure set out below.
2. 6.2Procedure: A requester must:
   1. 6.2.1complete the prescribed request form (Form 2 under the PAIA Regulations, ‘Request for access to record of private body’), available from the Information Regulator’s website or the Club’s Information Officer;
   2. 6.2.2provide sufficient detail to enable the Information Officer to identify the record and the requester, and state the right the record is required to exercise or protect;
   3. 6.2.3indicate the form of access required (for example, a copy, inspection, or an electronic copy) and how the record should be delivered; and
   4. 6.2.4submit the completed form, together with any required fee, to the Information Officer at the contact details in clause 2.
3. 6.3Fees. A requester must pay the prescribed request fee (currently R50, or as prescribed from time to time under the PAIA Regulations) before the request will be processed, except where the request is for the requester’s own personal information. If access is granted, an access fee and reproduction fee (for example, for photocopying or electronic media) may also be payable, calculated in accordance with the tariff prescribed under PAIA. The Information Officer will notify the requester of the applicable fees before proceeding.
4. 6.4Response time: The Club will respond to a request as soon as reasonably possible, and in any event within 30 (thirty) days of receipt of a complete request, as required by PAIA. This period may be extended once, by a further period not exceeding 30 days, in the circumstances permitted by section 57 of PAIA, in which case the requester will be notified in writing.
5. 6.5Grounds for refusal: The Club may refuse a request, or part of a request, on the grounds set out in Chapter 4 of Part 2 of PAIA, which include, among others, protection of the privacy of a third party’s personal information, protection of commercial information of a third party, legal privilege, and protection of the safety of individuals or property. Where access is refused, the Information Officer will provide adequate reasons for the refusal, as required by PAIA.
6. 6.6Remedies: PAIA does not provide for an internal appeal against a private body’s decision. A requester who is dissatisfied with the Club’s decision (including a refusal, a deemed refusal due to non-response, or the fees charged) may lodge a complaint with the Information Regulator, or apply to a court, for appropriate relief, within the time limits prescribed by PAIA.

7. Personal information processed (section 51(1)(c))

1. 7.1In terms of section 51(1)(c) of PAIA, read with POPIA, the Club provides the following description of the personal information it processes. Full details, including the purposes and legal bases of processing, retention periods, and data subject rights, are set out in the Club’s Privacy Policy.

8. Availability of this manual

1. 8.1This manual is available free of charge: (a) on the Club’s website at www.swcountryclub.co.za; (b) for inspection at the Club’s offices at Rue De Jacqueline, Somerset West Country Club, Cape Town, 7130, during normal business hours; and (c) on request from the Information Officer, who may charge a reasonable fee for a printed copy to cover reproduction costs.
2. 8.2This manual will be reviewed and updated from time to time to reflect changes in the Club’s operations or in applicable law.

Somerset West Country Club · NPO Reg. No. 094-210-NPO · NLC Society Reg. No. 00566 · Scheme Reg. No. 00566/01