PAIA Manual Wellness Warehouse

SA FlagMANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF PAIA

    This applies to all orders within South Africa

1.1. The Promotion of Access to Information Act, Act 2 of 2000 (“the Act”) came into force on 23 November 2001, save for sections 10, 14, 15 and 51 which only came into force on 15 February 2022.

1.2 Section 51 of the Act requires all private bodies to prepare and make available a manual to the public regarding the procedure the public must follow when submitting a request to access the private bodies’ records.

2.1. “Information Officer” means the head of Wellness Warehouse and the person appointed to act on behalf of Wellness Warehouse in terms of the Act;

2.2. “manual” means this manual as required by the Act, including any annexures;

2.3. “record” means any recorded information in the possession of Wellness Warehouse;

2.4. “requester” means any person or entity requesting access to information from Wellness Warehouse;

2.5. “SAHRC” means the South African Human Rights Commission;

2.6. “the Act” or “PAIA” means the Promotion of Access to Information Act, 2 of 2000 (as amended and with any regulations) and could also be referred to as PAIA;

2.7. “Wellness Warehouse” means Wellness Warehouse (Pty) Ltd, a private body as defined in the Act.

Wellness Warehouse is a private body conducting business as a health and wellness retailer, both online and through physical stores, throughout the Republic of South Africa.

Name

Wellness Warehouse (Pty) Ltd

Registration No

2004/031962/07

Postal Address

Po Box 3644, Cape Town, 8001

Physical Address

Lifestyle Centre, 50 Kloof Street, Cape Town, 8000

Directors

Carlos Gomes

Sean Gomes

Robert Best

Simon Alston

Stuart Sinclair

Avril Stassen

Denham Wiercx

CEO

Simon Alston

Email

[email protected]

Telephone:

(021) 276 2164

Website:

www.wellnesswarehouse.com

 

    4.1     SAHRC is obliged, in terms of Section 10 of the Act to publish guidelines as to how to use the Act, in each official language.

    4.2 Should the requester require guidance on how to access and obtain information, he/she may contact SAHRC at :

    To:

    THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION

     

    Department

    PAIA UNIT – Research and Documentation Department

     

    Postal Address

    Private Bay, X2700, Houghton, 2041

     

    Telephone

    (011) 877 3600

     

    Email

    [email protected]

     

    Website

    www.sahrc.org.za

     

     

    At the time of this publication, the Minister of Justice and Constitutional Development had not yet published any regulations under this Section of the Act.

    Note: this list is not exhaustive

    (I) Basic Conditions of Employment Act, 75 of 1997

    (ii) Labour Relations Act, 66 of 1995

    (iii) Compensation for Occupational Injuries and Health Diseases Act, 130 of 1993

    (iv) Employment Equity Act, 55 of 1998

    (v) Broad-Based Black Economic Empowerment Act, 53 of 2003

    (vi) Occupational Health and Safety Act, 85 of 1993

    (vii) Unemployment Insurance Act, 63 of 2001

    (viii) Unemployment Insurance Contributions Act, 4 of 2002

    (ix) Skills Development Act, 97 of 1998

    (x)  Skills Development Levies, 9 of 1999

    (xi) Companies Act, 71 of 2008

    (xii)  Consumer Protection Act, 68 of 2008

    (xiii) Competition Act, 89 of 1998

    (xiv) Copyright Act, 98 of 1978

    (xv) Trademarks Act, 194 of 1993

    (xvi) Financial Intelligence Act, 38 of 2001

    (xvii) Electronic Communications and Transactions Act, 25 of 2002

    (xviii) Customs and Excise Act 91 of 1964

    (xix) Income Tax Act, 58 of 1962

    (xx) Value Added Tax Act, 89 of 1991

    (xxi) Protection of Personal Information Act, 4 of 2013

    (xxii) Liquor Act, 59 of 2003

    (xxiii) Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002

    (xxiv) Electronic Communications Act, 36 of 2005

    Note: This list is not exhaustive. Note further that by recording a category or subject matter below does not mean that a request for access to such records will be granted. Each request will be assessed on a case-by-case basis

    Wellness Warehouse maintains records on the following categories and subject matters :

    (I) Company and Finance Records

    1. Incorporation documents
    2. Share register
    3. Directors names
    4. Board resolutions
    5. Statutory records
    6. PAYE
    7. Company tax
    8. Customs tax
    9. VAT
    10. Skills Development Levy
    11. Unemployment Insurance Fund
    12. Workmen’s Compensation
    13. Annual Financial Statements
    14. Accounting records
    15. Bank statements

     

    (ii) Human Resources Records

    1. Employees personal information
    2. Employment contracts
    3. HR policies, procedures and codes
    4. Employee Retirement plans, Life, disability and risk
    5. Employee medical aid records
    6. Employee leave records
    7. Training records
    8. Disciplinary information
    9. Salary record

     

    (iii) Finance Records 

    1. Bank account details
    2. Asset register
    3. Invoices

     

    (iv) Other Records

    1. Insurance policies
    2. Intellectual property
    3. Information technology
    4. Operational documents
    5. Agreements and contracts
    6. Permits and Licences

     

    (v) Customer Records

    1. Personal information
    2. Purchases
    3. Loyalty information

    This manual is available in English on our website at www.wellnesswarehouse.com as well as at our head office, 50 Kloof Street, Gardens, Cape Town.

    Requester must use the prescribed form to make a request for access to the information and the request must be directed to the Information Officer at the designated address or email address set out in this manual.  The prescribed form can be found here :

    http://www.justice.gov.za/forms/paia/J752_paia_Form%20C.pdf

    There is a prescribed fee to request access to information. These prescribed fees are set out  here: https://www.sahrc.org.za/home/21/files/PAIA%20Notice%20on%20fees.pdf and are subject to change.

    The Information Officer will only consider the request once the prescribed fee has been paid. Once a decision has been made, the Requester will be noticed of the decision.

    If the request is denied, the Requester may lodge an application to the Court. If the request is granted, then a further access fee is payable for the search, reproduction, preparation of the record in a format and for any time, that has exceeded the prescribed hours, to search and in order prepare the record for disclosure.

    Wellness Warehouse may refuse a request to access certain information in terms of the Act, in the following circumstances :

    (I) Protection of confidential information of a third party;

    (ii) Protection of the commercial information of a third party/private body;

    (iii) Protection of the safety of individuals and protection of property;

    (iv) Protection of records privileged from production in legal proceedings;

    (v) Protection of research information of a third party/private body;

    (vi) Any other reason allowed by any applicable law.