Bush Tales Tours and Safaris (Pty) Limited
Trading as Bush Tales Tours
(Registration No: 2024/256835/07)
PAIA Manual
(“Bush Tales Tours“)
Prepared in terms of Section 51 of the Promotion of Access to Information Act No. 2 of 2000 (“PAIA )
1. List of Acronyms and Abbreviations
DATE OF COMPILATION: 15/06/2024
1.1 “CEO” Chief Executive Officer
1.2 “10” Information Officer
1.3 “Minister” Minister of Justice and Correctional Services
1.4 “ΡΑΙΑ” Promotion of Access to Information Act No.2 of 2000
1.5 “ΡΟΡΙΑ” Protection of Personal Information Act No. 4 of 2013
1.6 “Regulator” Information Regulator; and
1.7 “Republic” Republic of South Africa.
2. Introduction
2.1 Bush Tales Tours and Safaris (Proprietary) Limited (Registration No: 2024/256835/07) is a limited liability company incorporated in accordance with the applicable laws of South Africa, trading under the name of Bush Tales Tours and constitutes a “private body” under PAIΑ.
2.2 Bush Tales Tours is a tour and safari company that specialises in tours through South Africa, the details of which are available on the Bush Tales Tours website at www.bush-tales.com
2.3 PAIA requires the Information Officer of a private body to compile a PAIA Manual that contains information of the records it holds.
3. Purpose of PAIA Manual
3.1 This PAIA Manual is useful for the public to:
3.1.1 check the categories of records held by Bush Tales Tours and which are available without a person having to submit a formal PAIA request;
3.1.2 have a sufficient understanding of how to make a request for access to a record(s) held by Bush Tales Tours by providing a description of: (i) the client on which Bush Tales Tours holds records and (ii) the categories of records held on each subject;
3.1.3 know what type of records are held by Bush Tales Tours which are available in accordance with any other legislation;
3.1.4 access all the relevant contact details of the Information Officer and Deputy Information Officer (if applicable) who will assist the public with the records they intend to access;
3.1.5 be aware of the PAIA Guide as formulated and updated by the Information Regulator (from time to time) and how to obtain access to it;
3.1.6 know if Bush Tales Tours processes any Personal Information (as defined in POPIA) of data subjects;
3.1.7 know the purpose of processing of such Personal Information and the description of the categories of data subjects and the information or categories of information relating thereto;
3.1.8 know the recipients or categories of recipients to whom the Personal Information may be supplied;
3.1.9 know if Bush Tales Tours has planned to transfer or process Personal Information outside the Republic of South Africa (i.e. transborder flow of Personal Information); and
3.1.10 know whether Bush Tales Tours has appropriate security measures in place, to ensure the confidentiality, integrity and availability of the Personal Information which is to be processed.
4. Key Contact Details for Access to Information of Bush Tales Tours
4.1. Information Officer:
The following table:
“Name:“,”David Wallace”
“Cell:“,”076 824 2169”
“Email:“,”david@bush-tales.com”
4.2 Access to information (general contact):
Email: david@bush-tales.com
4.3 Head Office:
Physical Address: Portion 58 Farm Boven Lange Valley No. 189 3 Rondevlei Road Wilderness, Western Cape 6560
Telephone: 076 824 2169
Email: david@bush-tales.com
Website: www.bush-tales.com
5. Guide on How to Use PAIA and How to Obtain Access Thereto
5.1. A Guide (the “PAIA Guide“) on how to use the PAIA Act has been compiled in all of the official languages in RSA and updated by the Information Regulator in terms of section 10(1) of PAIA. The PAIA Guide contains information as may be reasonably required by a person wishing to exercise any of his/her rights contemplated by PAIA and POPIA.
5.2. The PAIA Guide contains a description of:
5.2.1. the objects of PAIA;
5.2.2. the objects of POPIA;
5.2.3. the postal, street address, phone number, fax number (if available) and electronic mail address of-
5.2.3.1. the Information Officer of every private and public body, and
5.2.3.2. every Deputy Information Officer (if applicable) of every public and private body designated in terms of section 17(1) of PAIA¹ and section 56 of POPIA²;
5.2.4. the manner and form of a request for-
5.2.4.1. access to a record of a public body contemplated in section 11³ of PAIA;
5.2.4.2. access to a record of a private body contemplated in section 50⁴ of PAIA;
5.2.5. the assistance available from the Information Officer of a private and public body in terms of PAIA and PΟΡΙΑ;
5.2.6. the assistance available from the Regulator in terms of PAIA and POPIA;
5.2.7. all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging-
5.2.7.1. an internal appeal;
5.2.7.2. a complaint to the Regulator; and
5.2.7.3. an application with a court against a decision by the Information Officer of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;
1 Section 17(1) of PAIA- For the purposes of PAIA, each public body must, subject to legislation governing the employment of
personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to
render the public body as accessible as reasonably possible for requestors of its records.
2 Section 56(a) of POPIA- Each public and private body must make provision, in the manner prescribed in section 17 of the
Promotion of Access to Information Act, with the necessary changes, for the designation of such a number of persons, if any, as
deputy information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA.
3 Section 11(1) of PAIA- A requester must be given access to a record of a public body if that requester complies with all the
procedural requirements in PAIA relating to a request for access to that record and access to that record is not refused in terms of
any ground for refusal contemplated in Chapter 4 of this Act.
4 Section 50(1) of PAIA- A requester must be given access to any record of a private body ifa) that record is required for the exercise or protection of any rights;
b) that person complies with the procedural requirements in PAIA relating to a request for access to that record; and
c) access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Act.
5.2.8. the provisions of sections 14⁵ and 51⁶ requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
5.2.9. the provisions of sections 15⁷ and 52⁸ providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
5.2.10. the notices issued in terms of sections 22⁹ and 54¹⁰ regarding fees to be paid in relation to requests for access;
5.2.11. the regulations made in terms of section 92¹¹.
5.3. Members of the public may inspect or make copies of the PAIA Guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours.
5.4. The PAIA Guide may also be obtained-
5.4.1. upon request to the Information Officer;
5 Section 14(1) of PAIA- The information officer of a public body must, in at least three official languages, make available a manual
containing information listed in paragraph 4 above.
6 Section 51(1) of PAIA- The head of a private body must make available a manual containing the description of the information
listed in paragraph 4 above.
7Section 15(1) of PAIA- The information officer of a public body, must make available in the prescribed manner a description of the
categories of records of the public body that are automatically available without a person having to request access
8 Section 52(1) of PAIA- The head of a private body may, on a voluntary basis, make available in the prescribed manner a description
of the categories of records of the private body that are automatically available without a person having to request access
9 Section 22(1) of PAIA- The information officer of a public body to whom a request for access is made, must by notice require the
requester to pay the prescribed request fee (if any), before further processing the request.
10 Section 54(1) of PAIA- The head of a private body to whom a request for access is made must by notice require the requester to
pay the prescribed request fee (if any), before further processing the request.
11 Section 92(1) of PAIA provides that –“The Minister may, by notice in the Gazette, make regulations regarding-
(a) any matter which is required or permitted by this Act to be prescribed;
(b) any matter relating to the fees contemplated in sections 22 and 54;
(c) any notice required by this Act;
(d) uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to
be made available in terms of section 15; and
(e) any administrative or procedural matter necessary to give effect to the provisions of this Act.”
5.4.2. from the website of the Regulator at https://inforegulator.org.za/wp-content/uploads/2020/07/PAIA-Guide-English_20210905.pdf
6. Records Held by Bush Tales Tours that are Automatically Available in Terms of Section 52(2) of PAIA
6.1 Bush Tales Tours makes certain information automatically available to the public without a person having to request access thereto.
| Type of Record | How to access |
|---|---|
| Memorandum of Incorporation | BizPortal |
| Directors’ names | BizPortal |
| Documents of incorporation | BizPortal |
| Privacy Policy | Visit the website |
| Banking Details | Request PDF Bank verification document by email |
| External newsletters and circulars | Request by email/subscribe to Bush Tales Tours and/or follow Bush Tales Tours on social media platforms |
| Brochures and promotional literature giving information on Tours | Subscribe to Bush Tales Tours and/or follow Bush Tales Tours on social media platforms or visit website. |
| Company Information | Visit the Bush Tales Tours website |
7. Records Held by Bush Tales Tours that are not Automatically Available
7.1 The following records are held by Bush Tales Tours in electronic or physical format that are not automatically available.
| Category of Records | Types of records |
|---|---|
| Business Records | Annual Reports Business Strategy Plan Annual Performance Plan Commercial Agreements Confidential Client Information |
| Client Records | Confidential Client History Confidential Client Correspondence |
| Human Resource Records | Employee Records HR policies and procedures Employment Contracts Pension Fund Documents |
| Financial Records | Annual Financial Statements Management Accounts Bank Statements Balance Sheets Financial Reports Accounting Records |
| Marketing Records | Marketing & Social Media Material |
| Statutory Records | Memorandum of Incorporation Company Documents Board Resolutions Minutes of Meetings Share Register |
| Supplier Information | Contracts with suppliers third parties/contractors |
| Insurance Records | Insurance Policies |
| Intellectual Property | Trademark Registration Certificates Content on website and social media platforms protected by Copyright. |
| Tax Records | PAYE Tax Records Tax Returns Documents issued to employees for income tax purposes Records of payments made to SARS on behalf of employees Income Tax Number VAT Number UIF Workmen’s Compensation Skills Development Levies |
8. Records Available in Terms of Legislation: Section 51 (1)(d)
8.1 Bush Tales Tours holds records that it is required to hold by law.
8.2 The following legislation creates the obligation to keep certain records:
• Basic Conditions of Employment Act No. 75 of 1997
• Companies Act No. 71 of 2008
• Compensation for Occupational Injuries and Disease Act No. 130 of 1993
• Consumer Protection Act No. 68 of 2008
• Copyright Act No. 98 of 1978
• Electronic Communication and Transaction Act No. 25 of 2002
• Employment Equity Act No. 55 of 1998
• Income Tax Act No. 58 of 1962
• Insolvency Act No. 24 of 1936
• Labour Relations Act No. 66 of 1955
• National Credit Act No. 34 of 2005
• Occupational Health and Safety Act & Regulations No. 85 of 1993
• Skills Development Levies Act No. 97 of 1998
• Unemployment Insurance Act No. 63 of 2001
• Value Added Tax Act No. 89 of 1991
• Medical Schemes Act No.131 of 1989
• Short Term Insurance Act No.53 of 1998
Such records will be made available only to those individuals/entities authorised to request access to such records in terms of the applicable legislation. Any other persons must follow the Request for Access of Records Procedure as set out in clause 9 below.
9. How to Request Access to Records Held by Bush Tales Tours Section 51(e)
9.1 Bush Tales Tours has appointed an Information Officer to deal with all matters relating to PAIA, in order to comply with its obligations thereunder. To request access to a record, please complete Form C (attached hereto).
9.2 Please submit the completed form (together with the applicable Request Fee and Access Fee as explained in clause 11 below) to our Information Officer’s email address and general contact email address or at our physical address (details of which are set out in clause 4 above).
9.3 Please ensure that the completed form contains the following:
9.3.1 sufficient information for the Information Officer to identify: (i) you; (ii) the requested records and (iii) the form of access you require;
9.3.2 your email address and postal address;
9.3.3 a description of the right(s) that you seek to exercise or protect;
9.3.4 an explanation as to why you require the requested record(s) to exercise or protect such right(s);
9.3.5 a description of the manner you would like to be informed of our decision other than in writing; and
9.3.6 proof of the capacity in which you are making the request if you are making it on behalf of someone else (i.e. Bush Tales Tours shall decide whether this proof is satisfactory).
9.4 If you do not use the standard form Bush Tales Tours may:
9.4.1 reject the request, due to lack of procedural compliance;
9.4.2 refuse your request if you do not provide sufficient information;
or
9.4.3 delay it, until all the requirements to access information are fulfilled.
10. Form of Access
10.1 Bush Tales Tours shall evaluate and consider all requests for information received. If Bush Tales Tours approves a request, it shall further decide how to provide access to you, unless you have asked for access in a specific form.
10.2 NOTE : Publication of this PAIA Manual does not give rise to any rights to access any information and records of Bush Tales Tours except as contemplated in terms of the PAIA.
11. Prescribed Fees
11.1 Request Fee
11.1.1 When submitting a request for information, the requestor is required to pay Bush Tales Tours a Request Fee as the law prescribes.
11.1.2 A requestor shall pay the prescribed fee before Bush Tales Tours provides access to the information requested.
11.1.3 A requestor shall receive a notice from the Information Officer upon receiving a request, setting out the application procedure.
11.2 Access Fee
11.2.1 If Bush Tales Tours grants a request for access to information, the requestor shall also pay Bush Tales Tours an Access Fee (as prescribed by law) that includes a fee for the time it takes Bush Tales Tours to handle a specific request(s) and/or if the time has exceeded the prescribed hours, the time spent to search and prepare the record(s) for disclosure. The Information Officer shall notify the requestor if he/she needs to pay a deposit in respect of the Access fee.The deposit may be up to 1/3rd (one third) of the prescribed Access Fee.
11.2.2 The Access Fee shall provide for:
- the costs of making the record, or transcribing the record;
- a postal fee (if applicable); and
- the reasonable time the authorised employees of Bush Tales Tours require to search for the record(s) requested and prepare such record(s) for the requestor.
11.2.3 If the requestor paid the deposit and Bush Tales Tours refused a request, Bush Tales Tours shall refund such deposit amount. Until the requestor has paid all the applicable fees, Bush Tales Tours is entitled to withhold the records requested.
12 Grounds to Refuse Access
12.1 Bush Tales Tours may refuse access to certain records in terms of PAIA to inter alia protect:
- a client/director/employee/third party’s privacy;
- a client/director/employee/third party’s confidential information;
- the safety of client’s, individuals and Bush Tales Tours property;
- another company’s commercial information;
- client’s medical information; and/or
- records that are privileged from production in legal proceedings.
12.2 Decision on providing access to information:
Bush Tales Tours shall notify the requestor in writing whether his/her request has been approved or denied within 30 (thirty) calendar days after receiving such request. If Bush Tales Tours is unable to find a copy of the record requested, or it transpires that such record(s) does not exist, the Information Officer shall notify the requestor by way of affidavit that it is not possible to provide access to such record(s).
13 Remedies Available if Bush Tales Tours Refuses Access to Records
If Bush Tales Tours denies request for access to a record(s), then the requestor may apply to a court with appropriate jurisdiction or complain to the Information Regulator.
14 Processing of Personal Information
14.1 Purpose of Processing Personal Information
Bush Tales Tours processes (i) Personal Information and (ii) Confidential Information (as defined in POPIA) of each client to enable Bush Tales to provide the necessary tours and administration services to its clients.
14.2 Description of the categories of Data Subjects and Personal Information or categories of information relating thereto :
| Categories of Data Subjects | Personal Information that may be processed |
|---|---|
| Clients | names, address, identity numbers, passport numbers, gender, employment status, medical information, bank details, credit card details etc |
| Service Providers | name(s), registration number(s), VAT number(s), address(es), bank details, etc, |
| Employees | Name(s), address(es), identity number(s), qualification(s) employment status, gender(s), race, bank details etc. |
14.3 The recipients or categories of recipients to whom the Personal Information may
be supplied:
| Category of Personal Information | Recipients or Categories of Recipients to whom the Personal Information may be supplied |
|---|---|
| Identity number(s) and name(s) for criminal checks of Employees | South African Police Services |
| Matric and Tertiary Qualifications for qualification verification of Employees | South African Qualifications Authority |
| Credit and payment information for verification of credit history of employees and patients | Credit Bureaux |
| Identity number(s), email address(es), telephone number(s), medical information, medical aid details, physical address(es), etc | South African Medical Aids |
| Identity number(s), email address(es), passport numbers, telephone numbers, physical address(es), medical information, etc. | International Medical Aids |
| Identity number(s), email address(es), telephone number(s), physical address(es), bank details of employees | Auditors |
| Identity number(s), email address(es), telephone number(s), physical address(es), bank details of employees | Attorneys |
14.4 Planned Transborder Flow of Personal Information
It is recorded that all the Personal Information of Clients and Employees is stored on a local server and therefore no transborder flow of Personal Information takes place.
14.5 General description of Information Security Measures to be implemented by the Responsible Party to ensure the confidentiality, integrity and availability of the information
Bush Tales Tours has implemented various security safeguards to ensure the confidentiality and integrity of the Personal Information under the care of Bush Tales Tours by implementing: Password Protection on all devices, End to End Encryption on messaging service between Clients and Bush Tales Tours, Data Encryption, Anti-Virus Software and Anti Malware Solutions.
15 Availability of the Manual
15.1 A copy of the Manual is available:
15.1.1 at the head office of Bush Tales for public inspection during normal business hours;
15.1.2 to any person upon request thereof and upon the payment of a reasonable prescribed fee;
and
15.1.3 from the Information Regulator upon request.
15.2 A fee for a copy of the Manual, as contemplated in Annexure B of the PAIA Regulations shall be payable per each A4-size photocopy made.
16 Updating of the Manual
The Information Officer of Bush Tales Tours shall on a regular basis update this PAIA Manual.
