PAIA Manual

We respect your right of access to information. This document will help you exercise that right as required by section 51 of the Promotion to Access of Information Act 2 of 2000 (PAIA).

Table of Contents

  1. Introduction
  2. Our details
  3. Further guidance
  4. Records we hold
  5. How to request access
  6. Grounds for refusal
  7. Remedies
  8. How we will give you access
  9. How much it will cost you
  10. Availability of this Manual
  11. Updates to this Manual

This manual applies to E² Trust and its wholly-owned subsidiary, E2 Investments Proprietary Limited, together named E Squared. 

1. Introduction

E Squared is intended to constitute a long-term, sustainable, non-profit institution, dedicated to advancing the public interest, through the support of Eligible Allan Gray Fellows of the Allan Gray Orbis Foundation (“Fellows”) and other public benefit organisations, thereby contributing to broad-based black economic empowerment in South Africa, and advancing the objectives of the Broad-Based Black Economic Empowerment (“B-BBEE”) Act.

The purpose of this manual is to help you access our information and any other information that we have. PAIA requires us to make it available to you so that you:

  • know what types of information we have; and
  • can request access to it.

2. Our details

E2 Investments Proprietary Limited will deal with all requests relating to any of the entities. All requests for information in terms of this manual should be directed to:

Information officer 

E Squared

Ground Floor Lacey Oak House 

Ballyoaks Office Park

35 Ballyclare Drive

Bryanston

2191

Postnet Suite 261

Private Bag X51

Bryanston

2021

Phone number: +27 11 463 8475

Email address: admin@esquared.org.za

Website: https://www.esquared.org.za

3. Further guidance

If you would like further guidance on how you can get access to information under PAIA, you may contact the South African Human Rights Commission (SAHRC) to find out more information about PAIA. They have a guide in each official language of South Africa on how to exercise any right under PAIA. The guide is available here: https://www.sahrc.org.za/home/21/files/SAHRC PAIA Section 10 Guide 2020 FINAL WEB.pdf

In terms of Section 110 of the Protection of Personal Information Act 4 of 2013 the functions of the Human Rights Commission have been transferred to the Information Regulator. Their contact details are as follows:

JD House

27 Stiemens Street

Braamfontein

Johannesburg

Phone number: 010 023 5200

Website: https://www.justice.gov.za/inforeg/index.html and http://www.sahrc.org.za/index.php/understanding-paia

E-mail: POPIAComplaints.IR@justice.gov.za and PAIAComplaints.IR@justice.gov.za

4. Records we hold

Records available in terms of any other legislation 

All records kept and made available in terms of legislation applicable to any of the entities listed in this manual, as it applies to the specific environment in which the entity operates, are available in accordance with said legislation.

  • Records available without requesting access in terms of the Act

A private body may, on a voluntary and periodic basis, submit to the Minister a description of categories of records, which are automatically available without a person having to request access in terms of the Act. The Minister must publish any description so submitted by notice in the Gazette. 

The entities identified in this manual have not submitted any such description for publication in the Gazette. Certain records are however freely available on the Internet at https://www.esquared.org.za

  • Records available on request

We set out below the subjects and categories of records that are, subject to access being denied as set out in the Act,

available upon request for the purposes of the Act:

Records are held on the following subjects:

  1. personnel records;
  2. beneficiary-related records;
  3. private body records; and
  4. records in the possession of or pertaining to other parties.
  • Personnel records 

Personnel refers to any person who works for or provides services to or on behalf of the private body and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of the private body. This includes, without limitation, directors, executives, non-executives, all permanent, temporary, and part-time staff as well as contract workers. 

Personnel records include the following: 

  1. any personal records provided to the private body by their personnel; 
  2. any records a third party has provided to the private body about any of their personnel;
  3. conditions of employment and other personnel-related contractual and quasi-legal records; 
  4. internal evaluation records; and  
  5. other internal records and correspondence.
  • Beneficiary-related records

A beneficiary includes any natural or juristic entity, who receives funding from the private body. 

Beneficiary-related information includes the following: 

  1. any records a beneficiary has provided to a third party acting for or on behalf of the private body; 
  2. any records a third party has provided to the private body; and 
  3. records generated by or within the private body pertaining to the beneficiary, including transactional records
  • Private body records 

A private body’s records relate to the body’s own affairs and are considered to include, but not limit to: 

  1. financial records; 
  2. operational records; 
  3. databases; 
  4. information technology; 
  5. marketing records; 
  6. internal correspondence; 
  7. records relating to products and services; 
  8. statutory records; 
  9. internal policies and procedures; 
  10. treasury-related records; 
  11. securities and equities; and 
  12. records held by officials of the private body.
  • Other parties 

The private body may possess records pertaining to other parties, including without limitation contractors, suppliers, subsidiary/holding/sister companies, joint venture companies, service providers. 

The following records fall under this category: 

  1. personnel, client, or private body records which are held by another party as opposed to being held by the private body; and
  2. records held by the private body pertaining to other parties, including without limitation financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors / suppliers.

5. How to request access

We have authorised and designated our information officer to deal with all matters relating to PAIA in order to comply with our obligations in terms of PAIA. To request access to a record, please complete Form C which is available from:

Please submit the completed form to our information officer together with the relevant request fee (details here: http://www.sahrc.org.za/home/21/files/PAIA%20Notice%20on%20fees.pdf) at our information officer’s email address or our physical address in terms of our details provided above. 

Please ensure that the completed form:

  • has enough information for the information officer to identify you, the requested records, and which form of access you require;
  • specifies your email address, postal address, or fax number, in the Republic of South Africa;
  • 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.

6. Grounds for refusal

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

  • someone else’s privacy;
  • another organisation’s commercial information;
  • commercial information of the entities identified in this manual;
  • someone else’s confidential information;
  • the safety of individuals and property;
  • records privileged from production in legal proceedings; or
  • research information.

If the record is part of another record, the requester may only be able to access the part(s) that pertains to the information they want or are entitled to, and not the rest of the record.

We will notify you in writing whether your request has been approved or denied within 30 calendar days after we have received a completed request for access form. If we cannot find any requested record or it does not exist, then we will notify you by way of affidavit that it is not possible to give access to that particular record.

7. Remedies

If your request for access is denied, you may:

  1. apply to a court with appropriate jurisdiction, or 
  2. lodge a complaint with the Information Regulator, 

for the necessary relief.

8. How we will give you access

We will evaluate and consider all requests to us in terms of PAIA. If we approve your request for access to our records, then 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

You must pay us a request fee as required by law when submitting a request for access to information. The prescribed fees are as set out in the Fee Schedule which is available from http://www.sahrc.org.za/index.php/understanding-paia at this link: http://www.sahrc.org.za/home/21/files/PAIA%20Notice%20on%20fees.pdf. You must pay us the fees before we will hand over any information. You may have to pay a further access fee if we grant the request for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.

10. Availability of this Manual

An English copy of this manual is available to view at our premises:

Ground Floor Lacey Oak House 

Ballyoaks Office Park

35 Ballyclare drive, Bryanston

2191

On our website: https://www.esquared.org.za

11. Updates to this Manual

This manual will be updated whenever we make material changes to the current information.