We respect your right to access information. This access to information manual will help you (the requester of information) to exercise that right and help you know how you may get access to Michalsons’ records. The Promotion to Access of Information Act 2 of 2000 (known as PAIA) requires us to draft and make this PAIA manual available to you.

  • Know what types of information we have.
  • Know how to request access to it.

You can read PAIA – the Act – itself or a plain-language summary.

This is the Michalons PAIA Manual. We use a lean one, because of the type of organisation we are. If you need a PAIA Manual for your website, don’t copy this one. We can help you draft one tailored for you.

1. Introduction

We describe who we are and what we do on our website, or you can ask us for this information. PAIA requires the information officer of a private body to compile a manual that contains information on the records it holds (Section 51(1)). A ‘private body’ means a natural person, company or other type of juristic entity that carries on any trade, business or profession and includes a political party. We are a private body.

2. Our details

Our organisation’s and information officer’s details are on our website or available on request. Our information officer is John Giles. To contact the information officer, you can email the Michalsons support desk.

3. Further guidance from the Information Regulator

For further guidance, contact the Information Regulator. They have compiled a PAIA guide in each official language of South Africa on how to exercise your rights under PAIA.

Visit their website www.inforegulator.org.za
Postal address P.O Box 3153, Braamfontein, Johannesburg, 2017
Physical address JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Phone number 010 023 5200
Ask a general enquiry by email [email protected]
Lodge a complaint by email [email protected]

4. Records which we make automatically available

We make some records automatically available to you without you needing to request access to them (Section 52).

Type of record How you can access it
Memorandum of incorporation (MOI) BizPortal
Directors’ names BizPortal
Documents of incorporation BizPortal
Banking details Request by email
External newsletters and circulars Subscribing or on our website
Information on our website Visit our website

5. Records we hold to function

We hold the following subjects and categories of records in electronic or physical format, which we do not make automatically available. You may request access to them. These are records that most organisations have.

  • Establishment records
  • Business records
  • Financial records
  • Insurance records
  • Tax records
  • Personal records
  • Agreements or contracts
  • Regulatory documents
  • Customer and supplier information

6. Records we hold to comply with the law

We hold records that all organisations are required by law to hold. We also hold records that the law specifically requires organisations like ours to retain, such as the Legal Practice Act 28 of 2014. Please ask our information officer for details.

7. How you can request access

We have appointed our information officer to deal with all matters relating to PAIA so we can comply with our PAIA obligations. To request access to a record, please complete Form 2.

Please submit the completed form (together with the relevant request fee we explain below) to our information officer’s email address, our physical address, or by fax using the details we provide. Please ensure that the completed form:

  • has enough information for the information officer to identify you, the requested records, and the form of access you require,
  • specifies your email address, postal address, or fax number,
  • describes the right that you seek to exercise or protect,
  • explains why you need the requested record to exercise or protect that right,
  • provides any other way you would like to be informed of our decision other than in writing, and
  • provides proof of the capacity in which you are making the request if you are making it on behalf of someone else (we will decide whether this proof is satisfactory).

If you do not use the standard form, we may:

  • reject the request due to lack of procedural compliance,
  • refuse it if you do not provide sufficient information, or
  • delay it.

8. How we will give you access under this Access to Information Manual

We will evaluate and consider all requests we receive. If we approve your request, we will decide how to provide access to you – unless you have asked for access in a specific form. Publication of this manual does not give rise to any rights to access information records, except in terms of PAIA.

9. How much it will cost you

Request fees

When submitting your request, you must pay us a request fee as the law prescribes. You must pay us the prescribed fees before we give you access. You will receive a notice from our information officer upon your request (Section 54(1)), setting out the application procedure (Section 54(3)(c)).

Access fees

If we grant the request, you will have to pay us a further access fee the law prescribes that includes a fee for the time it takes us to handle your request, or if the time has exceeded the prescribed hours to search and prepare the record for disclosure. Our information officer will notify you if you need to pay a deposit for the access fee. The deposit may be up to one-third of the prescribed access fee (Section 54(2)). The access fee will provide for:

  • the costs of making the record, or transcribing the record,
  • a postal fee (if applicable), and
  • the reasonable time we need to search for the record and prepare the record for you.

If you paid the deposit and we refused your request, we will refund you the deposit amount. Until you have paid the fees, we may withhold the record you requested.

10. Grounds for us to refuse access

We may have to refuse you access to certain records in terms of PAIA to protect:

  • someone else’s privacy (Section 63),
  • another company’s commercial information (Section 64),
  • someone else’s confidential information (Section 65),
  • research information (Section 68),
  • the safety of individuals and property (Section 66), or
  • records privileged from production in legal proceedings (Section 67).

Our decision on giving you access

We will notify you in writing whether your request has been approved or denied within 30 calendar days after receiving your request. If we cannot find the record you asked for or it does not exist, we will notify you by way of affidavit that it is not possible to give access to that record.

11. Remedies available if we refuse to give you access

If we deny your request for access, you may:

  • apply to a court (Section 78) with appropriate jurisdiction, or
  • complain to the Information Regulator,

for the necessary relief within 180 calendar days of us notifying you of our decision.

12. How we process and protect personal information

We process the personal information of various categories of people for various purposes. Please refer to our website for our Privacy Policy or ask our information officer for a copy.

13. Availability of this Access to Information Manual

This manual is available in English in electronic format on our website and in physical format at the reception of our company offices.

14. Updates to this Access to Information Manual

We will update this Access to Information Manual whenever we make material changes to it.