PAIA Manual Wellness Warehouse

MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT (ACT NO. 2 OF 2000) (“THE ACT”)

 

For information held by

WELLNESS WAREHOUSE (PTY) LTD

(Registration No 2004/031962/07)

(“Wellness Warehouse”)


 

Table of Contents

1

Introduction

 

3

2

Definitions

3

3

Company overview & details

 

3

4

Section 10 guide on how to obtain access to information

 

4

5

Information automatically available

 

4

6

Records available in terms of any other Legislation

 

4-5

7

Subjects which Wellness Warehouse holds records and categories of records held

 

5-6

8

Availability of manual

 

6

9

Procedure for requesting a record not automatically available

 

6

10

Prescribed Fees

 

6

11

Grounds for Refusal of access to information

 

6-7

 

 


 

  1. 1.    INTRODUCTION

 

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.

 

 

  1. 2.    DEFINITIONS

 

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.

 

  1. 3.    COMPANY OVERVIEW & DETAILS (S51(1)(a))

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

CEO

Simon Alston

Email

[email protected]

Telephone:

(021) 276 2164

Website:

www.wellnesswarehouse.com

 

  1. 4.    SECTION 10 GUIDE ON HOW TO OBTAIN ACCESS TO INFORMATION (S.51(1)(b))

 

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

 

 

  1. 5.    INFORMATION AUTOMATICALLY AVAILABLE (S.51(1)(c), read with S.52(2))

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.

  1. 6.    RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION (S.51(1)(d))

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

 

  1. 7.    SUBJECTS WHICH WELLNESS WAREHOUSE HOLDS RECORDS AND THE CATEGORIES OF RECORDS HELD ON EACH SUBJECT WHICH ARE NOT AUTOMATICALLY AVAILABLE (S.51(1)(e))

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

 

  1. 8.    AVAILABILITY OF THE MANUAL IN TERMS OF SECTION 51(3)

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.

 

  1. 9.    Procedure for requesting a record not automatically available (S.53)

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

 

10.Prescribed Fees (S.54)

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.

 

11.GROUNDS FOR REFUSAL OF ACCESS TO INFORMATION AND/OR RECORDS (S62-70)

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 commercial information of a third party/private body;

(iii)               Protection of 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.

 

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