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 Exceptional Health.
2.4. “requester” means any person or entity requesting access to information from Exceptional Health.
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. “Exceptional Health” means Exceptional SA Imports and Exports cc., a private body as defined in the Act.
- COMPANY OVERVIEW & DETAILS
Exceptional Health is a private body conducting business as an importer, distributor and online retailer, throughout the Republic of South Africa.
|Name||Exceptional SA Imports and Exports cc|
|Postal Address||Po Box 1071, Kelvin, 2054|
|Physical Address||26 Denise Rd. Buccleuch, Sandton, 2066|
|Members||Andrew Cook, Caroline Cook
|Managing Member||Andrew Cook|
|Telephone:||(011) 568 2004|
- SECTION 10 GUIDE ON HOW TO OBTAIN ACCESS TO INFORMATION
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
- INFORMATION AUTOMATICALLY AVAILABLE
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.
- RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION
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
- SUBJECTS WHICH EXCEPTIONAL HEALTH HOLDS RECORDS AND CATEGORIES OF RECORDS HELD
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
Exceptional Health maintains records on the following categories and subject matters :
(I) Corporation and Finance Records
- Incorporation documents
- Company tax
- Annual Financial Statements
- Accounting records
- Bank statements
(ii) Finance Records
- Bank account details
- Asset register
(iii) Other Records
- Insurance policies
- Intellectual property
- Information technology
- Operational documents
- Agreements and contracts
- Permits and Licences
(iv) Customer Records
- Personal information
- AVAILABILITY OF THE MANUAL IN TERMS OF SECTION 51
This manual is available in English on our website at www.exceptional.co.za.
- PROCEDURE FOR REQUESTING A RECORD NOT AUTOMATICALLY AVAILABLE
Requester must use the prescribed form to make a request for access to the information and the request must be directed to the Managing Member at the designated address or email address set out in this manual. The prescribed form can be found here :
- PRESCRIBED FEES
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 to prepare the record for disclosure.
- GROUNDS FOR REFUSAL OF ACCESS TO INFORMATION AND/OR RECORDS
Exceptional SA Imports and Exports cc 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.