Promotion of Access to Information Manual for Harvard Global Research Support Centre South Africa NPC

1. Introduction and Definitions

This manual has been compiled for Harvard Global Research Support Centre South Africa NPC (further described below) in accordance with the requirements of the Promotion of Access to Information Act 2 of 2000 (PAIA) and the Protection of Personal Information Act 4 of 2013 (POPIA).

Harvard Global Research Support Centre South Africa NPC (HG SA) hosts program activities carried on in South Africa by the Africa Research Center of Harvard Business School (HBS ARC) and by the Center for African Studies of Harvard University Africa office (CAS Africa). HG SA also from time to time hosts other South Africa-based activities related to Harvard University.

HG SA is a private body as defined in PAIA, and this manual contains the information specified in section 51(1)(b) of PAIA, which is applicable to such a private body. This information is as follows:

  • the contact details for the private body;
  • a description of the guide referred to in section 10 of PAIA;
  • a description of the records of HG SA which are available in terms of any legislation
  • other than PAIA;
  • a description of the subjects on which the private body holds records and the
  • categories of records held on each subject in sufficient detail to facilitate a request for
  • access to a record.

HG SA is a responsible party as defined in POPIA and this manual contains the information stipulated in section 51(1)(c) of PAIA. This information is as follows:

  • a description of the categories of Personal Information Processed by HG SA, the purpose of the Processing, a description of the categories of Data Subjects to whom that Processing relates, instances when Personal Information held by HG SA may be transferred out of South Africa, and a description of the information security measures implemented by HG SA to ensure the confidentiality, integrity and availability of the information which is to be Processed; and
  • other information as prescribed by regulation.

The manual will be updated at least every twelve months or at such intervals as may be necessary in accordance with the requirements of section 51(2) of PAIA.

The manual facilitates requests for access to records of HG SA as provided for in PAIA and sets out how to access Personal Information held by HG SA in terms of sections 23 and 25 of POPIA.

In this manual,

  • “Data Subject” means the persons to whom Personal Information applies. In reference to HG SA, this primarily but without limitations means individual clients – primarily students and other individuals interested or participating in HG SA activities and services, employees, and vendors/suppliers including operators, other persons and third parties.
  • “Employee” means any person who works for or provides services to or on behalf of HG SA, and receives or is entitled to receive remuneration.
  • “HG SA” means Harvard Global Research Support Centre South Africa NPC (registration number: 2015/045615/08), a non-profit company registered in South Africa in accordance with the Companies Act 71 of 2008, with its registered place of business at 22 Bree Street, Cape Town, South Africa.
  • “Guide” means the guide published by the SAHRC, and updated and made available by the Information Regulator in terms of section 10 of PAIA.
  • “Information Officer" means the head of a private body as contemplated in section 1 of the Promotion of Access to Information Act. A director of HG SA has been designated as the information officer for HG SA and is duly authorized to carry out the duties of the head of HG SA for purposes of PAIA.
  • “Information Regulator” means the regulatory body established in terms of section 39 of POPIA.
  • “Operator/s” means a person who process Personal Information for HG SA in terms of a contract or mandate, without coming under the direct authority of HG SA.
  • “Personal Information” means personal information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to: (a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the persons; (b) information relating to the education or the medical, financial, criminal or employment history of the person; (c) any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person; (d) biometric information of the person; (e) personal opinions, views or preferences of the person; (f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (g) views or opinions of another individual about the persons; and (h) the name of the person if it appears with other Personal Information relating to the person, or if the disclosure of the name itself would reveal information about the person.
  • “Processing” means any operation or activity or any set of operations, whether or not by automatic mean, concerning personal information, including a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; b) dissemination by means of transmission, distribution or making available in any other form; or c) merging, linking, as well as restriction, degradation, erasure or destruction of information; and “Process” and “Processed” have corresponding meanings.
  • “Requestor” means any person or entity requesting access to a record that is under the control of HG SA in terms of either PAIA or POPIA.
  • “SAHRC” means the South African Human Rights Commission.
  • “Special Personal Information” means any Personal Information of a Data Subject, concerning (a) the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a Data Subject; or (b) the criminal behaviour of a Data Subject to the extent that such information relates to i. the allege commission by a Data Subject of any offence; or ii. any proceedings in respect of any offence allegedly committed by a Data Subject or the disposal of such proceedings.
  • “The manual” means this manual which is published in accordance with section 51 of PAIA and “this manual” shall have the same meaning.
  • “The Minister” means the Cabinet member responsible for the administration of justice, presently the Minister of Justice and Correctional Services.

2. Contact Details

A director of HG SA has been designated as the information officer for HG SA and is duly authorized to carry out the duties of the head of HG SA for purposes of PAIA. Requests for access to records or information in terms of either PAIA or POPIA should be addressed to the information officer using the following contact details:

Address of the Information Officer:

Harvard Global Research Support Centre South Africa NPC
114 Mount Auburn St, 5th Fl
Cambridge, MA 02138 USA

Telephone: 1-617-496-1889

Email: notices@harvardglobal.org

3. Section 10 Guide on How to Use PAIA

The Information Regulator must, in terms of section 10 of PAIA, update and make available the Guide compiled by the SAHRC to assist persons wishing to exercise any rights in terms of PAIA.

The Guide may be obtained from the Information Regulator. Any person wishing to obtain the Guide may either access it through the website of the Information Regulator or should contact:

Address of the Information Regulator:

Woodmead North Office Park
54 Maxwell Drive
Woodmead
Johannesburg, 2191
South Africa

Telephone: (010) 023 5200

Email: enquiries@inforegulator.org.za

4. Records Available in Terms of Any Other Legislation

Certain records held by HG SA are available in terms of legislation other than PAIA. The specific records which are available in terms of such legislation are set out therein and these records may in certain instances only be accessed by the persons specified in the relevant legislation. The legislation is as follows:

  • Basic Conditions of Employment Act 75 of 1997
  • Companies Act 71 of 2008
  • Compensation for Occupational Injuries and Diseases Act 130 of 1993
  • Employment Equity Act 55 of 1998
  • Income Tax Act 58 of 1962
  • Labour Relations Act 66 of 1995
  • Medical Schemes Act 131 of 1998
  • Occupational Health and Safety Act 85 of 1993
  • Pension Funds Act 24 of 1956
  • Skills Development Act 97 of 1998
  • Skills Development Levies Act 9 of 1999
  • Unemployment Insurance Act 63 of 2001
  • Unemployment Insurance Contributions Act 4 of 2002
  • Value Added Tax Act 89 of 1991

5. Description of the subjects on which HG SA holds records and the categories of records held on each subject

The following is a list of the subjects on which HG SA holds records and the categories into which these fall. The procedure in terms of which such records may be requested from HG SA is set out in Section 7 of this manual. The records listed below will not be provided in all instances to a requester who requests them in terms of PAIA. The requester has to show that he or she has the right in terms of PAIA to be given access to the records in question.

Categories of Records and Description of Records Held

  • Administration
    • Minutes of meetings of directors
    • Records relating to the incorporation of HG SA
  • Management
    • Internal correspondence
    • Resolutions of the directors of HG SA
  • Finance
    • Accounting records
    • Tax records
    • Accounts payable and receivable
    • Insurance records
    • Auditors’ reports
    • Interim and annual financial statements
    • Bank statements and other banking records for business and trust accounts
    • Records regarding HG SA’s financial commitments
  • Human Resources
    • List of employees
    • Employment contracts
    • Conditions of employment
    • Information relating to prospective employees
    • Personnel records including personal details
    • Employee tax information
    • Records of Unemployment Insurance Fund contributions
    • Records regarding group life assurance and disability plans
    • Payroll records
    • Correspondence relating to personnel
  • Suppliers
    • Suppliers list and details of suppliers
    • Agreements with suppliers
  • Information Technology
    • Computer software
    • Support and maintenance agreements
  • Property
    • Asset registers
    • Lease agreements in respect of immovable property
    • Records regarding insurance in respect of movable property
    • Records regarding insurance in respect of immovable
    • property
  • Miscellaneous
    • Internal correspondence
    • Firm publications

6. Categories of Records Which Are Available Without Request

No notices relating to HG SA have been published by the Minister in terms of section 52(2) of PAIA. Certain records of HG SA are available without needing to be requested in terms of the request procedures set out in PAIA and detailed in Section 7 of this manual. This information may be inspected, or copied at Harvard University Center for African Studies, Harvard Business School Africa, and Harvard Global South Africa.

7. Request Procedure in Terms of PAIA

A request for access to records held by HG SA in terms of section 50 of PAIA must be made on the form contained in the Regulations Regarding the Promotion of Access to Information (Form 02). A copy of the form is attached as Annexure B to this manual. The request must be made to HG SA at the address, or email address, specified in Section 2 above.

A requester must provide sufficient detail on the prescribed form to allow HG SA to identify the record or records which have been requested and the identity of the requester. If a request is made on behalf of another person or entity, the requester must submit details and proof of the capacity in which the requester is making the request, which must be reasonably satisfactory to HG SA. The requester is also required to indicate the form of access to the relevant records that is required, and to provide his, her, or its contact details in the Republic of South Africa.

The requester must identify the right that he, she or it is seeking to exercise by accessing records held by HG SA and must explain why the particular record or records requested is or are required for the exercise or protection of that right.

HG SA may, and must in certain instances, refuse access to records on any of the grounds set out in Chapter 4 of Part 3 of PAIA which include: that access would result in the unreasonable disclosure of personal information about a third party, that refusal is necessary to protect the commercial information of a third party or of HG SA itself, that refusal is necessary to protect the confidential information of a third party, that refusal is necessary to protect the safety of individuals or property, that a record constitutes privileged information for the purpose of legal proceedings, and that refusal is necessary to protect the research information of a third party or HG SA itself. Access to documents may also be refused on the basis of professional privilege.

HG SA is required to inform a requester in writing of its decision in relation to a request. If the requester wishes to be informed of HG SA’s decision in another manner as well, this must be set out in the request and the relevant details included, to allow HG SA to inform the requester in the preferred manner.

HG SA will make a decision in relation to a request for records within 30 days of receiving it, unless third parties are required to be notified of the request or the 30-day period is extended as provided for in PAIA. HG SA will notify the requester if the 30-day period for processing a request is to be extended.

Where a request is refused, a requester may apply to the High Court within 30 days of being informed of the refusal of the request, for an order compelling the record or records requested to be made available to the requester or for another appropriate order. The Court will determine whether the records should be made available or not.

8. Fees Payable*

A requester has to pay an initial, non-refundable request fee of R140.00. This request fee may be paid at the time a request is made, or the person authorised to deal with such requests on HG SA’s behalf may notify the requester that he, she or it needs to pay the request fee before processing the request any further. A requester may apply to Court to be exempted from the requirement to pay the request fee.

Where a request for access to a record or records held by HG SA is granted, the requester also has to pay an access fee for the reproduction of the record or records, and for the search for and the preparation of the records for disclosure. HG SA is entitled to withhold a record until the required access fees have been paid. The access fees which are payable are as follows:

  • Photocopy of an A4-size page or part thereof: R2.00
  • Printed black and white copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form: R2.05
  • For a copy in a computer-readable form on
    • Flash drive (provided by the requestor): R40.00
    • Compact disc/flash drive (provided by HG SA): R60.00
  • Transcription of visual images, for an A4-size page or part thereof: Subject to outsourced quotation
  • Copy of visual images: R60.00
  • Transcription of an audio record, for an A4-size page or part thereof: R24.00
  • Copy of an audio record: R30.00
  • Search and preparation fees: R145.00 for each hour (or part of each hour, excluding the first hour, capped at a maximum of R435.00)

*Fees are prescribed by the Information Regulator and are subject to change, with current fees outlined in Annexure B of the PAIA Regulations (2021).

9. Information or Records Not Found

If all reasonable steps have been taken to find a record, and such a record cannot be found or if the records do not exist, then HG SA will notify the requester, by way of an affidavit or affirmation, that it is not possible to give access to the requested record.

The affidavit or affirmation will provide a full account, of all the steps taken to find the record or to determine the existence thereof, including details of all communications by HG SA with every person who conducted the search.

If the record in question should later be found, the requester shall be given access to the record in the manner stipulated by the requester unless access is refused by HG SA as permitted by PAIA (as dealt with in Section 7 above).

10. Information Requested about a Third Party

Where any information is requested from HG SA that relates to a third party, HG SA is required to notify the third party of the request. The third party has an opportunity to grant their consent to the disclosure of the record or to make representations as to why the requested record should not be disclosed to the requester. If HG SA decides to grant access to the record, it will notify the affected third party again. The third party is entitled to apply to court in relation to that decision. The court will then determine whether the record should be disclosed by HG SA or not.

11. Other Information as Prescribed

The Minister has not prescribed that any further information must be contained in this manual.

Annexure A: Processing of Personal Information

Review the HG SA Privacy Policy.

Annexure B: Relevant Forms

For up-to-date forms related to PAIA, please visit the Information Regulator’s website. To request records from HG SA, please complete and return Form 2.