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PROGRESS AVIATION CC

This manual was prepared in accordance with section 51 of the Promotion of Access to Information Act, 2000 and to address requirements of the Protection of Personal Information Act, 2013.
This manual applies to:
Progress Aviation CC
Registration number: 2005/036539/23
and its subsidiaries
(hereinafter “Progress Aviation CC”)
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Contents

  1. Background to the Promotion of Access to Information Act 3
  2. Progress Aviation CC 3
  3. Purpose of the PAIA Manual 3
  4. Contact details of the Chief Executive Officer [Section 51(1)(a)] 4
  5. The Information Officer [Section 51(1)(b)] 5
  6. Guide of the Information Regulator [Section 51(1)(b) + POPIA Section] 5
  7. The latest Notice in terms of section 52(2) (if any) [Section 51(1)(c)] 6
  8. Subjects and categories of records available only on request to access
    in terms of the Act [Section 51(1)(e)] 6
  9. Records available without a request to access in terms of the Act 8
  10. Description of the records of the company which are available in accordance
    with any other legislation [Section 51(1)(d) 9
  11. Detail to facilitate a request for access to a record of Progress Aviation CC [Section 51(1)(e)] 11
  12. Refusal of access to records 12
  13. Remedies available when Progress Aviation CC refuses a request 13
  14. Access to records held by Progress Aviation CC 14
  15. Prescribed fees [Section 51(1)(f)] 15
  16. Reproduction fee 15
  17. Decision 17
  18. Protection of personal information that is processed by Progress Aviation CC 17
  19. Availability and updating of the PAIA Manual 20
    Appendix A: Access Request Form
    Appendix B: Part 1 – Processing of Personal Information in Accordance with POPIA
    Appendix B: Part 2 – Categories of Data Subjects and Categories of Personal
    Information Relating Thereto
    Appendix B: Part 3 – Recipients of Personal Information
    Appendix B: Part 4 – Cross Border Transfers of Personal Information
    Appendix B: Part 5 – Description of Information Security Measures
    Appendix C: Objection to the Processing of Personal Information in terms
    of Section 11(3) of the Protection of Personal Information Act, 2013
    Appendix D: Request for Correction or Deletion of Personal Information or
    Destruction of Record of Personal Information in terms of
    Section 24(1) of the Protection of Personal Information Act, 2013
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  20. Background to the Promotion of Access to Information Act
    1.1 The Promotion of Access to Information Act, No. 2 of 2000 (‘the Act’) was enacted on 3 February 2000, giving effect to the constitutional right of section 32 of the Bill of Rights, as contained in the Constitution of the Republic of South Africa, No. 108 of 1996 (‘the Constitution’), of access to any information held by the state and any information that is held by another person and that is required for the exercise or protection of any rights.
    1.2 In terms of section 51 of the Act, all private bodies are required to compile an information manual, known as a ‘PAIA Manual’.
    1.3 Where a request is made in terms of the Act, the body to whom the request is made is obliged to release the information, subject to applicable legislative and/or regulatory requirements, except where the Act expressly provides that the information may or must not be released. The Act sets out the relevant procedure to be adopted when requesting information from a public or private body.
  21. Progress Aviation CC
    2.1 Progress Aviation CC trading as Progress Flight Academy conducts business as flight training academy. Progress Aviation CC’s registration number is 2005/036539/23.
    2.2 In this PAIA Manual, any reference to “Progress Aviation CC” includes any of the entities as listed below:
    2.2.1 Progress Flight Academy
    2005/036539/23
    Chief Executive Officer: John English
    2.3 This PAIA Manual of Progress Aviation CC is available at its premises:
    Progress Aerodrome
    Cape Road
    Greenbushes
    6390
    as well as on its website: www.flightacademy.co.za
  22. Purpose of the PAIA Manual
    3.1 The purpose of this PAIA Manual is intended to ensure that Progress Aviation CC complies with the Act and fosters a culture of transparency and accountability within Progress Aviation CC by giving effect to the right to information that is required for the exercise or protection of any right and to actively promote a society in
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    which the people of South Africa have effective access to information to enable them to exercise and protect their rights.
    3.2 In order to promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in terms of the Act in order for them to exercise their rights in relation to public and private bodies.
    3.3 Section 9 of the Act recognises that the right to access information cannot be unlimited and should be subjected to justifiable limitations, including, but not limited to:
    3.3.1 Limitations aimed at the reasonable protection of privacy;
    3.3.2 Commercial confidentiality; and
    3.3.3 Effective, efficient and good governance;
    and in a manner which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.
    3.4 This PAIA Manual has been drafted in accordance with the PAIA and POPIA Act, as well as all amendments to PAIA, with regards to the requirements of this manual, as effected by POPIA. This manual will be amended to reflect all the necessary provisions, as required by the Information Officer, once the Information Officers publishes a template on its website.
    3.5 In addition, this PAIA Manual complies with the requirements of Section 10 of the Act and recognises that upon commencement of the Protection of Personal Information Act, 4 of 2013, that the appointed Information Regulator will be responsible to regulate compliance with the Act and its Regulations by public and private bodies.
  23. Contact details of the Chief Executive/Manging Director/ Etc. [Section 51(1)(a)]
    Chief Executive Officer: John English
    Registered address: Progress Aerodrome, Cape Road, Greenbushes, 6390
    Postal address: P.O. Box 574, Hunter’s Retreat, 6017
    Telephone number: 041 394 1000
    E-mail address: info@flightacademy.co.za
    Website: www.flightacademy.co.za
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  24. The Information Officer [Section 51(1)(b)]
    5.1 The Act prescribes the appointment of an Information Officer for private bodies where such Information Officer is responsible to, inter alia, assess requests for access to information. The Head of a private body fulfils such a function in terms of section 51. Progress Aviation CC has opted to appoint an Information Officer to assess requests for access to information, as well as to oversee its required functions in terms of the Act.
    5.2 The Information Officer appointed in terms of the Act also includes the Information Officer as referred to in the Protection of Personal Information Act, 4 of 2014. The Information Officer oversees the functions and responsibilities as required in terms of both this Act, as well as the duties and responsibilities in terms of section 55 of the Protection of Personal Information Act, 4 of 2013, after registering with the Information Regulator.
    5.3 The Information Officer may appoint, where it is deemed necessary, Deputy Information Officers, as allowed for in terms of section 17 of the Act, as well as section 56 of the Protection of Personal Information Act, 4 of 2013. This is in order to render Progress Aviation CC as accessible as reasonably possible for requesters of its records and to ensure fulfilment of its obligations and responsibilities as prescribed in terms of section 55 of the Protection of Personal Information Act, 4 of 2013. All requests for information in terms of the Act must be addressed to the Information Officer.
    Contact details of the Information Officer
    Information Officer: John English
    Physical Address: Progress Aerodrome, Cape Road, Greenbushes, 6390
    Telephone number: 041 394 1000
    E-mail address: ceo@flightacademy.co.za
    Alternative e-mail address: info@flightacademy.co.za
  25. Guide of Information Regulator [Section 51(1)(b)]
    6.1 The Act grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in public interest.
    6.2 Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariffs are dealt with in paragraphs 6 and 7 of the Act.
    6.3 Requesters are referred to the Guide in terms of section 10, which has been compiled by the Information Regulator, which will contain information for the purposes of exercising constitutional rights of access to information. The Guide is available from the Information Regulator.
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    6.4 The Guide further:
    6.4.1 contains information on understanding and how to use the Act;
    6.4.2 includes: the objectives of the Act; particulars of every public and private body; the manner
    and form of requests; contents of the regulations promulgated under the Act;
    6.4.3 will be updated and published every two years; and
    6.4.4 is available in all the official languages of the Republic of South Africa.
    6.5 The contact details of the Information Regulator are:
    Name: Information Regulator of South Africa
    Physical address: JD House
    27 Stiemens Street
    Braamfontein
    Johannesburg
    Postal address: P.O Box 31533
    Braamfontein
    Johannesburg
    2017
    Telephone number: 010 023 5220
    E-mail address: inforeg@justice.gov.za
    Website: www.justice.gov.za/inforeg/index.html
  26. The latest notice in terms of Section 52(2) (if any) [Section 51(1)(c)]
    At the time of compilation and/or update of this Manual, no notice(s) has/have been published on the categories of records that are automatically available without a person having to request access in terms of section 52(2) of the Act.
  27. Subjects and categories of records available only on request to access in terms of Act [Section 51(1)(e)]
    8.1 Records held by Progress Aviation CC
    For the purposes of this clause, “personnel” refers to any person who works for, or provides services to, or on behalf of Progress Aviation CC and receives or is entitled to receive remuneration and any other person who assists in carrying out or conducting business of or for Progress Aviation CC. This includes, but is not limited to, directors (executive and non-executive), all permanent, temporary and part-time staff, as well as contract workers.
    This clause serves as a reference to the categories of information that Progress Aviation CC holds. The information is classified and grouped according to records relating to the following subjects and categories:
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    Subject
    Category
    Companies Act Records
    • All trust deeds
    • Documents of incorporation
    • Index of names of directors
    • Memorandum of incorporation
    • Minutes of meetings of the Board of Directors
    • Minutes of meetings of Shareholders
    • Proxy forms
    • Register of debenture-holders
    • Register of directors’ shareholdings
    • Share certificates
    • Share register and other statutory registers and/or records and/or documents
    • Special resolutions/resolutions passed at General and Class Meetings
    • Records relating to the appointment of:
    o Auditors
    o Directors
    o Prescribed officers
    o Public officers
    o Secretaries
    Financial Records
    • Accounting records
    • Annual financial reports
    • Annual financial statements
    • Asset registers
    • Bank statements
    • Banking details and bank accounts
    • Banking records
    • Debtors/ creditors statements and invoices
    • General ledgers and subsidiary ledgers
    • General reconciliations
    • Invoices
    • Paid cheques
    • Policies and procedures
    • Rental agreements
    • Tax returns
    Income Tax Records
    • PAYE records
    • Documents issued to employees for income tax purposes
    • Records of payments made to SARS on behalf of employees
    • All other statutory compliance records and documents
    • VAT
    • Regional services levies
    • Skills development levies
    • UIF
    • Workmen’s Compensation
    Personnel Documents and Records
    • Accident books and records
    • Address lists
    • Disciplinary code and records
    • Employee benefits and arrangement rules and records
    • Employment contracts
    • Employment Equity Plan
    • Forms and applications
    • Grievance procedures
    • Leave records
    • Medical aid records
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    Subject
    Category
    • Payroll reports / wage register
    • Pension fund records
    • Safety, health and environmental records
    • Salary records
    • SETA records
    • Standard letters and notices
    • Training manuals
    • Training records
    • Workplace and union agreements and records
    Procurement Department
    • Standard terms and conditions for supply of services and products
    • Contractor, client and supplier agreements
    • Lists of supplier, products, services and distribution
    • Policies and procedures
    Sales Department
    • Customer details
    • Credit application information
    • Information and records provided by a third party
    Marketing Department
    • Advertising and promotional material
    Risk Management and Audit
    • Audit reports
    • Risk management frameworks
    • Risk management plans
    Safety, Health and Environment
    • Complete safety, health and environment risk assessment
    • Environmental management plans
    • Inquiries, inspections and examinations by environmental authorities
    IT Department
    • Computer / mobile usage policy documentation
    • Disaster recovery plans
    • Hardware asset registers
    • Information security policies/standards/procedures
    • Information technology systems and user manuals
    • Information usage policy documentation
    • Project implementation plans
    • Software licensing
    • System documentation and manuals
    Corporate Social Responsibility (CSR)
    • CSR schedule of projects / record of organisations that receive funding
    • Reports, books, publications and general information related to CSR spend
    8.2 Note that the accessibility of the records may be subject to the grounds of refusal set out in this PAIA Manual. Amongst others, records deemed confidential on the part of a third party, will necessitate permission from the third party concerned, in addition to normal requirements, before Progress Aviation CC will consider access.
  28. Records available without a request to access in terms of the Act
    9.1 Records of a public nature, typically those disclosed on the Progress Aviation CC website and in its various annual reports, may be accessed without the need to submit a formal application.
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    9.2 Other non-confidential records, such as statutory records maintained at CIPC, may also be accessed without the need to submit a formal application, however, please note that an appointment to view such records will still have to be made with the Information Officer.
  29. Description of the records of the body which are available in accordance with any other legislation [Section 51(1)(d)]
    10.1 Where applicable to its operations, Progress Aviation CC also retains records and documents in terms of the legislation below. Unless disclosure is prohibited in terms of legislation, regulations, contractual agreement or otherwise, records that are required to be made available in terms of these acts shall be made available for inspection by interested parties in terms of the requirements and conditions of the Act; the below mentioned legislation and applicable internal policies and procedures, should such interested parties be entitled to such information. A request to access must be done in accordance with the prescriptions of the Act.
    10.1.1 Attorneys Act No. 53 of 1979;
    10.1.2 Auditing Professions Act No. 26 of 2005;
    10.1.3 Basic Conditions of Employment Act No. 75 of 1997;
    10.1.4 Broad-Based Black Economic Empowerment Act, 2003;
    10.1.5 Business Act No. 71 of 1991;
    10.1.6 Companies Act No. 71 of 2008;
    10.1.7 Compensation of Occupational Injuries and Diseases Act No. 130 of 1993;
    10.1.8 Competition Act No. 71 of 2008;
    10.1.9 Constitution of the Republic of South Africa 2008;
    10.1.10 Copyright Act No. 98 of 1978;
    10.1.11 Customs and Exercise Act No. 91 of 1964;
    10.1.12 Debt Collectors’ Act No. 114 of 1998;
    10.1.13 Designs Act No. 195 of 1993;
    10.1.14 Electronic Communications Act No. 36 of 2005;
    10.1.15 Electronic Communications and Transactions Act No. 25 of 2002;
    10.1.16 Employment Equity Act No. 55 of 1998;
    10.1.17 Financial Advisory and Intermediatory Services Act of 2002;
    10.1.18 Financial Intelligence Centre Act No. 38 of 2001;
    10.1.19 Identification Act No. 65 of 1997;
    10.1.20 Income Tax Act No. 58 of 1962;
    10.1.21 Insider Trading Act No. 135 of 1998;
    10.1.22 Insolvency Act No. 24 of 1963;
    10.1.23 Inspection of Financial Institutions Act No. 18 of 1998;
    10.1.24 Intellectual Property Laws Amendment Act No. 38 of 1997;
    10.1.25 Labour Relations Act No. 66 of 1995;
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    10.1.26 Leases of Land Act No. 18 of 1969;
    10.1.27 Long Term Insurance Act No. 52 of 1998;
    10.1.28 Machinery and Occupational Safety Act No. 6 of 1983;
    10.1.29 National Credit Act No. 34 of 2005;
    10.1.30 National Road Traffic Act No. 93 of 1996;
    10.1.31 National Environmental Management Act No. 107 of 1998;
    10.1.32 Occupational Health and Safety Act No. 85 of 1993;
    10.1.33 Patents Act No. 57 of 1978;
    10.1.34 Pension Funds Act No. 24 of 1956;
    10.1.35 Prescription Act No. 68 of 1969;
    10.1.36 Prevention of Organised Crime Act No. 121 of 1998;
    10.1.37 Promotion of Access to Information Act No. 2 of 2000;
    10.1.38 Protection of Personal Information Act No. 4 of 2013;
    10.1.39 Regulation of Interception of Communications and
    Provision of Communication-Related Information Act No. 70 of 2002;
    10.1.40 Revenue Laws Second Amendment Act No. 61 of 2008;
    10.1.41 Road Transportation Act No. 74 of 1977;
    10.1.42 Skills Development Levies Act No. 53 of 1998;
    10.1.43 Short-term Insurance Act No. 53 of 1998;
    10.1.44 Stock exchanges Control Act No. 1 of 1985;
    10.1.45 Taxation Laws Amendment Act No. 7 of 2010;
    10.1.46 Trademarks Act No. 194 of 1993;
    10.1.47 Transfer Duty Act No. 40 of 1949;
    10.1.48 Trust Property Control Act No. 57 of 1988;
    10.1.49 Uncertificated Securities Tax Act No. 31 of 1998;
    10.1.50 Unemployment Contributions Act No. 63 of 2001;
    10.1.51 Unemployment Insurance Act No. 30 of 1996;
    10.1.52 Value Added Tax Act No. 89 of 1991.
    *Although we have applied our best efforts to supply a list of applicable legislation, it is possible that this list may be incomplete, or possibly too extensive. Whenever it comes to our attention that existing or new legislation allows a Requester access on a basis other than as set out in PAIA, we shall update the list accordingly. If a Requester believes that a right of access to a record exists in terms of other legislation listed above or any other legislation, the Requester is required to indicate what legislative right the request is based on, to allow the Information Officer the opportunity of considering the request in light thereof.
    10.2 It is further recorded that the accessibility of documents and records may be subject to the grounds of refusal set out in this PAIA Manual.
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  30. Detail to facilitate a request for access to a record of Progress Aviation CC [Section 51(1)(e)]
    11.1 The requester must comply with all the procedural requirements contained in the Act relating to the request for access to a record.
    11.2 The requester must complete the prescribed form enclosed herewith and submit same as well as payment of a request fee and a deposit (if applicable) to the Information Officer or the Deputy Information Officer at the postal or physical address, fax number or electronic mail address as noted in clause 5 above.
    11.3 The prescribed form must be filled in with sufficient information to enable the Information Officer to identify:
    11.3.1 the record or records requested; and
    11.3.2 the identity of the requester.
    11.4 The requester should indicate which form of access is required and specify a postal address, email address or a fax number of the requester in the Republic.
    11.5 The requester must state that he/she requires the information in order to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. The requester must clearly specify why the record is necessary to exercise or protect such right [Section 53(2)(d)].
    11.6 Progress Aviation CC will process the request within 30 (thirty) days, unless the requester has stated special reasons, to the satisfaction of the Information Officer, that circumstances dictate that the above time periods not be complied with.
    11.7 The requester shall be advised whether access is granted or denied in writing. If, in addition, the requester requires the reasons for the decision in any other manner, the requester will be obliged to state which manner and the particulars required.
    11.8 If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requester is making the request to the reasonable satisfaction of the Information Officer [Section 53(2)(f)].
    11.9 If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.
    11.10 The requester must pay the prescribed fee, before any further processing can take place.
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    11.11 All information as listed in clause 11 herein should be provided and failing which the process will be delayed until the required information is provided. The prescribed time periods will not commence until the requester has furnished all the necessary and required information. The Information officer shall serve a record, if possible, and only grant access to that portion requested and which is not prohibited from being disclosed.
  31. Refusal of access to records
    Grounds to refuse access:
    A private body, such as Progress Aviation CC, is entitled to refuse a request for information.
    12.1 The main grounds for Progress Aviation CC to refuse a request for information relates to the:
    12.1.1 Mandatory protection of the privacy of a third party who is a natural person or a deceased person (section 63) or a juristic person, as included in the Protection of Personal Information Act, 4 of 2013, which would involve the unreasonable disclosure of personal information of that natural or juristic person;
    12.1.2 Mandatory protection of personal information and for disclosure of any personal information to, in addition to any other legislative, regulatory or contractual agreements, comply with the provisions of the Protection of Personal Information Act, 4 of 2013;
    12.1.3 Mandatory protection of the commercial information of a third party (section 64) if the record contains:
    12.1.3.1 Trade secrets of the third party;
    12.1.3.2 Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party;
    12.1.3.3 Information disclosed in confidence by a third party to Progress Aviation CC, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;
    12.1.4 Mandatory protection of confidential information of third parties (section 65) if it is protected in terms of any agreement;
    12.1.5 Mandatory protection of the safety of individuals and the protection of property (section 66);
    12.1.6 Mandatory protection of records which would be regarded as privileged in legal proceedings (section 67).
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    12.2 The commercial activities (section 68) of a private body, such as Progress Aviation CC, which may include:
    12.2.1 Trade secrets of Progress Aviation CC;
    12.2.2 Financial commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of Progress Aviation CC;
    12.2.3 Information which, if disclosed, could put Progress Aviation CC at a disadvantage in negotiations or commercial competition;
    12.2.4 A computer program which is owned by Progress Aviation CC and which is protected by copyright;
    12.2.5 The research information (section 69) of Progress Aviation CC or a third party, if its disclosure would disclose the identity of Progress Aviation CC, the researcher or the subject matter of the research and would place the research at a serious disadvantage.
    12.3 Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused.
    12.4 All requests for information will be assessed on their own merits and in accordance with the applicable legal principles and legislation.
    12.5 If a requested record cannot be found or if the record does not exist, the Information Officer shall, by way of an affidavit or affirmation, notify the requester that it is not possible to give access to the requested record. Such a notice will be regarded as a decision to refuse a request for access to the record concerned for the purpose of the Act. If the record should later be found, the requester shall be given access to the record in the manner stipulated by the requester in the prescribed form, unless the Information Officer refuses access to such record.
  32. Remedies available when Progress Aviation CC refuses a request
    13.1 Internal remedies
    Progress Aviation CC does not have internal appeal procedures. The decision made by the Information officer is final. Requesters will have to exercise such external remedies at their disposal if the request for information is refused, and the requester is not satisfied with the answer supplied by the Information Officer.
    13.2 External remedies
    13.2.1 A requester that is dissatisfied with the Information Officer’s refusal to disclose information, may within 30 (thirty) days of notification of the decision, apply to a court for relief.
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    13.2.3 A third party dissatisfied with the Information Officer’s decision to grant a request for information, may within 30 (thirty) days of notification of the decision, apply to a court for relief. For purposes of the Act, the courts that have jurisdiction over these applications are the Constitutional Court, the High Court or another court of similar status and a Magistrate’s Court designated by the Minister of Justice and Constitutional Development, and which is presided over by a designated Magistrate.
  33. Access to records held by Progress Aviation CC
    14.1 Prerequisites for access by personal/other requester
    14.1.1 Records held by Progress Aviation CC may be accessed by request only once the prerequisite requirements for access have been met.
    14.1.2 A requester is any person making a request for access to a record of Progress Aviation CC. There are two types of requesters:
    14.1.2.1 Personal requester
    14.1.2.1.1 A personal requester is a requester who is seeking access to a record containing personal information about the requester.
    14.1.2.1.2 Progress Aviation CC will voluntarily provide the requested information, or give access to any record with regard to the requester’s personal information. The prescribed fee for reproduction of the information requested will be charged.
    14.1.2.2 Other requester
    14.1.2.2.1 This requester (other than a personal requester) is entitled to request access to information on third parties.
    14.1.2.2.2 In considering such a request, Progress Aviation CC will adhere to the provisions of the Act. Section 71 requires that the Information Officer take all reasonable steps to inform a third party to whom the requested record relates of the request, informing him/her that he/she may make a written or oral representation to the Information Officer why the request should be refused or, where required, give written consent for the disclosure of the information.
    Progress Aviation CC is not obliged to voluntarily grant access to such records. The requester must fulfil the prerequisite requirements, in accordance with the requirements of the Act and as stipulated in Chapter 5, Part 3, including the payment of a request and access fee.
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  34. Prescribed fees [Section 51(1)(f)]
    15.1 Fees provided by the Act
    15.1.1 The Act provides for two types of fees, namely:
    15.1.1.1 A request fee, which is a form of administration fee to be paid by all requesters except personal requesters, before the request is considered and is not refundable; and
    15.1.1.2 An access fee, which is paid by all requesters in the event that a request for access is granted. This fee is inclusive of costs involved by the private body in obtaining and preparing a record for delivery to the requester.
    15.1.2 When the request is received by the Information Officer, such officer shall by notice require the requester, other than a personal requester, to pay the prescribed request fee, before further processing of the request (section 54(1)).
    15.1.3 If the search for the record has been made and the preparation of the record for disclosure, including arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, the Information Officer shall notify the requester to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted.
    15.1.4 The Information Officer shall withhold a record until the requester has paid the fees as indicated below.
    15.1.5 A requester whose request for access to a record has been granted, must pay an access fee that is calculated to include, where applicable, the request fee, the process fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure including making arrangements to make it available in the request form.
    15.1.6 If a deposit has been paid in respect of a request for access, which is refused, then the Information Officer concerned must repay the deposit to the requester.
  35. Reproduction fee
    16.1 Where Progress Aviation CC has voluntarily provided the Minister with a list of categories of records that will automatically be made available to any person requesting access thereto, the only charge that may be levied for obtaining such records, will be a fee for reproduction of the record in question.
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    Reproduction of information fees
    Fees to be charged
    Information in an A4-size page photocopy or part thereof
    R1.10
    A printed copy of an A4-size page or part thereof
    R0.75
    A copy in computer-readable format, for example:
    • Compact Disc
    • USB Stick
    R70.00
    A transcription of visual images, in a A4-size page or part thereof
    R40.00
    A copy of visual images
    R60.00
    A transcription of an audio record for an A4-size page or part thereof
    R20.00
    A copy of an audio record
    R30.00
    16.2 Request fees
    Where a requester submits a request for access to information held by an institution on a person other than the requester himself/herself, a request fee in the amount of R50.00 is payable up-front before the institution will further process the request received.
    16.3 Access fees
    16.3.1 An access fee is payable in all instances where a request for access to information is granted, except in those instances where payment of an access fee is specially excluded in terms of the Act, or an exclusion is determined by the Minister in terms of section 54(8).
    The applicable access fees which will be payable are:
    Access of Information Fees
    Fees to be Charged
    Information in an A4-size page photocopy or part thereof
    R1.10
    A printed copy of an A4-size page or part thereof
    R0.75
    A copy in computer-readable format, for example:
    • Compact Disc
    • USB Stick
    R70.00
    A transcription of visual images, in a A4-size page or part thereof
    R40.00
    A copy of visual images
    R60.00
    A transcription of an audio record for an A4-size page or part thereof
    R20.00
    A copy of an audio record
  • Per hour or part of an hour reasonably required for such a search
    R30.00*
    Where a copy of a record needs to be posted the actual postal fee is payable
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    16.4 Deposits
    16.4.1 Where the institution receives a request for access to information held on a person other than the requester herself/himself, and the Information Officer upon receipt of the request is of the opinion that the preparation of the required record of disclosure will take more than 6 (six) hours, a deposit is payable by the requester.
    16.4.2 The amount of the deposit is equal to 1/3 (one third) of the amount of the applicable access fee.
    16.5 Collection fees
    16.5.1 The initial “request fee” of R50.00 should be deposited into the bank account, which will be made available on request, and a copy of the deposit slip, application form and other correspondence / documents, forwarded to the Information Officer via fax.
    16.5.2 The Information Officer will collect the initial “request fee” of applications received directly by the Information Officer via e-mail.
    16.5.3 All fees are subject to change as allowed for in the Act and as a consequence such escalations may not always be immediately available at the time of the request being made. Requesters shall be informed of any changes in the fees prior to making a payment.
  1. Decision
    17.1 Time allowed to institution
    17.1.1 Progress Aviation CC will, within 30 (thirty) days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.
    17.1.2 The 30 (thirty) day period within which Progress Aviation CC has to decide whether to grant or refuse the request, may be extended for a further period of not more than 30 (thirty) days if the request is for a large amount of information, or the request requires a search for information held at another office of Progress Aviation CC and the information cannot reasonably be obtained within the original 30 (thirty) day period.
    17.1.3 Progress Aviation CC will notify the requester in writing should an extension be sought.
  2. Protection of personal information that is processed by Progress Aviation CC
    18.1 Chapter 3 of POPIA provides for the minimum conditions for lawful processing of personal information by a responsible party. These conditions may not be derogated from unless specific exclusions apply as outlined in POPIA.
    18.2 Progress Aviation CC needs personal information relating to both individual and juristic persons in order to carry out its business and organisational functions. The manner in which this information is processed and the purpose for which it is processed is determined by Progress Aviation CC. Progress Aviation CC is
    18
    accordingly a responsible party for the purposes of POPIA and will ensure that the personal information of a data subject:
    18.2.1 Is processed lawfully, fairly and transparently. This includes the provision of appropriate information to data subjects when their data is collected by Progress Aviation CC, in the form of privacy or data collection notices. Progress Aviation CC must also have a legal basis (for example, consent) to process personal information;
    18.2.2 Is processed only for the purposes for which it was collected;
    18.2.3 Will not be processed for a secondary purpose unless that further processing is compatible with the original purpose, or any of the exclusions regarding the prohibition of further processing applies;
    18.2.4 Is adequate, relevant and not excessive for the purposes for which it was collected;
    18.2.5 Is accurate and kept up to date;
    18.2.6 Will not be kept for longer than necessary;
    18.2.7 Is processed in accordance with integrity and confidentiality principles; this includes physical and organisational measures to ensure that personal information, both in physical and electronic form, are subject to an appropriate level of security when stored, used and communicated by Progress Aviation CC, in order to protect it against access and acquisition by unauthorised persons and accidental loss, destruction or damage;
    18.2.8 Is processed in accordance with the rights of data subjects, where applicable. Data subjects have the right to:
    (a) Be notified that their personal information is being collected by Progress Aviation CC, as well as the purpose for which it is being collected. The data subject also has the right to be notified in the event of a data breach;
    (b) Know whether Progress Aviation CC holds personal information about them, and to access that information. Any request for information or access to information must be handled in accordance with the provisions of this Manual;
    (c) Request the correction or deletion of inaccurate, irrelevant, excessive, outdated, incomplete, misleading or unlawfully obtained personal information;
    (d) Object to Progress Aviation CC’s use of their personal information and request the deletion of such personal information (deletion would be subject to Progress Aviation CC’s record keeping requirements, rules, obligations and policies);
    (e) Object to the processing of their personal information for the purposes of direct marketing by means of unsolicited electronic communications; and
    (f) Submit a complaint to the Information Regulator regarding any alleged infringement on any of the rights protected under POPIA and PAIA and to institute civil proceedings regarding the alleged non-compliance with the protection of his/her or its personal information.
    19
    18.3 Purpose of the processing of personal information by Progress Aviation CC
    As outlined above, personal information may only be processed for a specific, legal and clearly defined purpose. The purposes for which Progress Aviation CC processes or will process personal information is set out in Part 1 of Appendix 2.
    18.4 Categories of data subjects and personal information / special personal information relating thereto
    As per section 1 of POPIA, a data subject may either be a natural or a juristic person. Part 2 of Appendix 2 sets out the various categories of data subjects that Progress Aviation CC processes personal information of and the types of personal information relating there to.
    18.5 Recipients of personal information
    Part 3 of Appendix 2 outlines the recipients to whom Progress Aviation CC may provide personal information of their data subjects.
    18.6 Cross-border flows of personal information
    18.6.1 Section 72 of POPIA provides that personal information may only be transferred out of the Republic of South Africa if the:
    (a) Recipient country can offer such data an “adequate level” of protection. This means that its data privacy laws must be substantially similar to the conditions for lawful processing as contained in POPIA; or
    (b) Data subject consents to the transfer of their personal information across borders; or
    (c) Transfer is necessary for the performance of a contractual obligation between the data subject and the responsible party; or
    (d) Transfer is necessary for the performance of a contractual obligation between the responsible party and a third party, in the interest of the data subject; or
    (e) The transfer is for the benefit of the data subject, and if it were, the data subject would in all likelihood provide such consent.
    18.6.2 Part 4 of Appendix 2 sets out the planned cross-border transfers of personal information and the condition(s) from above that applies thereto.
    18.7 Description of information security measures to be implemented by Progress Aviation CC
    Part 5 of Appendix 2 sets out the types of security measures to be implemented by Progress Aviation CC in order to ensure that personal information is respected and protected. A preliminary assessment of the sustainability of the information security measures implemented by Progress Aviation CC may be conducted in order to ensure that the personal information that is processed by Progress Aviation CC is safeguarded and processed in accordance with the conditions for lawful processing.
    20
    18.8 Objection to the processing of personal information by a data subject
    Section 11(3) of POPIA and regulation 2 of the POPIA Regulations provide that a data subject may, at any time, object to the processing of his/her/its personal information in the prescribed manner – a form for which is attached to this manual, as Appendix 3, subject to any relevant exceptions contained in POPIA.
    18.9 Requests for correction or deletion of personal information
    Section 24 of POPIA and regulation 3 of the POPIA Regulations provide that a data subject may request for their personal information to be corrected/deleted in the prescribed form, attached as Appendix 4 to this manual.
  3. Availability and updating of the PAIA Manual
    19.1 Regulation Number R187 of 15 February 2002
    19.1.1 This PAIA Manual is available in terms of Regulation Number R. 187 of 15 February 2002. Progress Aviation CC will update this PAIA Manual at such intervals as may be deemed necessary.
    19.1.2 This PAIA Manual of Progress Aviation CC is available to view at its premises and on its website.
    21
    Appendix 1
    J752
    REPUBLIC OF SOUTH AFRICA
    FORM C
    REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
    (Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)) [Regulation 10]
    A. Particulars of private body
    The Head:
    B. Particulars of person requesting access to the record
    Full names and surname: …………………………………………………………………………………………………………
    Identity number:
    Postal address: …………………………………………………………………………………………………………
    Telephone number: (………) ………………………….….. Fax number: (………) ………………………….…..
    E-mail address: …………………………………………………………………………………………………………
    Capacity in which request is made, when made on behalf of another person:
    C. Particulars of person on whose behalf request is made
    Full names and surname: …………………………………………………………………………………………………………
    Identity number:
    (a) The particulars of the person who requests access to the record must be given below.
    (b) The address and/or fax number in the Republic to which the information is to be sent must be given.
    (c) Proof of the capacity in which the request is made, if applicable, must be attached.
    This section must be completed ONLY if a request for information is made on behalf of another person.
    D. Particulars of record
  4. Description of record or relevant part of the record:
    ……………………………………………………………………………………………………………………………………………..
    ……………………………………………………………………………………………………………………………………………..
    ……………………………………………………………………………………………………………………………………………..
    ……………………………………………………………………………………………………………………………………………..
  5. Reference number, if available:
    ……………………………………………………………………………………………………………………………………………..
    ……………………………………………………………………………………………………………………………………………..
    ……………………………………………………………………………………………………………………………………………..
    ……………………………………………………………………………………………………………………………………………..
  6. Any further particulars of record:
    ……………………………………………………………………………………………………………………………………………..
    ……………………………………………………………………………………………………………………………………………..
    ……………………………………………………………………………………………………………………………………………..
    ……………………………………………………………………………………………………………………………………………..
    E. Fees
    Reason for exemption from payment of fees:
    ……………………………………………………………………………………………………………………………………………..
    ……………………………………………………………………………………………………………………………………………..
    ……………………………………………………………………………………………………………………………………………..
    ……………………………………………………………………………………………………………………………………………..
    ……………………………………………………………………………………………………………………………………………..
    (a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
    (b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
    (
    (aa))
    (
    (bb
    A
    A requestrequest forfor accessaccess toto aa record,record, otherother thanthan aa recordrecord containingcontaining personalpersonal informationinformation aboutabout yourself,yourself, willwill bebe processedprocessed onlyonly afterafter aa requestrequest feefee hashas beenbeen paid.paid.
    You
    You willwill bebe notifiednotified ofof the amountthe amount requiredrequired toto be paidbe paid asas thethe requestrequest fee.fee.
    The fee
    The fee payablepayable forfor accessaccess toto aa recordrecord dependsdepends onon thethe formform inin whichwhich accessaccess isis requiredrequired andand thethe reasonablereasonable timetime required required to searchto search forfor and prepare aand prepare a record.record.
    If
    If youyou qualifyqualify for for exemptionexemption ofof thethe paymentpayment ofof anyany fee,fee, pleaseplease statestate thethe reasonreason for exemption.for exemption.
    F. Form of access to record
    If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 below, state your disability and indicate in which form the record is required.
    Disability:
    Form in which record is required:
    Mark the appropriate box with an X.
    NOTES:
    (a) Compliance with your request for access in the specified form may depend on the form in which the record is available.
    (b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
    (c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.
  7. If the record is in written or printed form:
    copy of record*
    inspection of record
  8. If record consists of visual images –
    (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.):
    view the images
    copy of the images*
    transcription of the images*
  9. If record consists of recorded words or information which can be reproduced in sound:
    listen to the soundtrack (audio cassette)
    transcription of soundtrack* (written or printed document)
  10. If record is held on computer or in an electronic or machine-readable form:
    printed copy of record*
    printed copy of information derived from the record*
    copy in computer readable form*
    (stiffy or compact disc)
    *If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you?
    Postage is payable.
    YES
    NO
    G. Particulars of right to be exercised or protected
  11. Indicate which right is to be exercised or protected:
    ……………………………………………………………………………………………………………………………………………..
    ……………………………………………………………………………………………………………………………………………..
    ……………………………………………………………………………………………………………………………………………..
  12. Explain why the record requested is required for the exercise or protection of the aforementioned right:
    ……………………………………………………………………………………………………………………………………………..
    ……………………………………………………………………………………………………………………………………………..
    ……………………………………………………………………………………………………………………………………………
    If the provided space is inadequate, please continue on a separate folio and attach it to this form.
    The requester must sign all the additional folios.
    H. Notice of decision regarding request for access
    How would you prefer to be informed of the decision regarding your request for access to the record?
    ……………………………………………………………………………………………………………………………………………..
    Signed at ……………………………………………. this day………… of ………………………………year ……….
    …………………………………………………
    SIGNATURE OF REQUESTER /
    PERSON ON WHOSE BEHALF REQUEST IS MADE
    You will be notified in writing whether your request has been approved / denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.
    Appendix 2: Part 1 – Processing of personal information in accordance with POPIA
    For clients:
    a. Performing duties in terms of any agreement with clients
    b. Make, or assisting in making, credit decisions about clients
    c. Operate and manage clients’ accounts and manage any application, agreement or correspondence clients may have with Progress Aviation CC
    d. Communicating (including direct marketing) with clients by e-mail, SMS, letter, telephone or in any other way about Progress Aviation CC’s products and services, unless clients indicate otherwise
    e. To form a view as individuals and to identify, develop or improve products, that may be of interest to clients
    f. Carrying out market research, business and statistical analysis
    g. Performing other administrative and operational purposes including the testing of systems
    h. Recovering any debt clients may owe Progress Aviation CC
    i. Complying with Progress Aviation CC’s regulatory and other legislative and other obligations
    j. Any other reasonably required purpose relating to Progress Aviation CC’s business and operation
    For prospective clients/students:
    a. Verifying and updating information
    b. Pre-scoring
    c. Direct marketing
    d. Any other reasonably required purpose relating to the processing of a prospect’s personal information reasonably related to Progress Aviation CC’s business
    For employees:
    a. The same purposes as for clients (above)
    b. Verification of applicant employees’ information during recruitment process
    c. General matters relating to employees:
    (i) Pension
    (ii) Medical aid
    (iii) Payroll
    (iv) Disciplinary action
    (v) Training
    d. Any other reasonably required purpose relating to the employment or possible employment relationship
    For vendors / suppliers / other businesses:
    a. Verifying information and performing checks
    b. Purposes relating to the agreement or business relationship or possible agreement or business relationships between these parties
    c. Payment of invoices
    d. Complying with Progress Aviation CC’s regulatory and other obligations
    e. Any other reasonably required purpose relating to Progress Aviation CC’s business.
    Appendix 2: Part 2 – Categories of data subjects and categories of personal information relating thereto
    Employees
    a. Name and contact details
    b. Identity number and identity documents including passports
    c. Employment history and references
    d. Banking and financial details
    e. Details of payments to third parties (deductions from salaries and/or wages)
    f. Employment contracts
    g. Employment equity plans
    h. Medical aid records
    i. Pension fund records
    j. Remuneration / salary / wage records
    k. Performance appraisals
    l. Disciplinary records
    m. Leave records
    n. Training records
    Clients and prospective clients (which may include employees)
    a. Postal and/or physical address
    b. Title and name
    c. Contact numbers and/or e-mail address
    d. Ethnic group
    e. Employment history
    f. Age
    g. Gender
    h. Marital status
    i. Nationality
    j. Language
    k. Financial information
    l. Identity or passport number
    m. Browsing habits and click patterns on Progress Aviation CC’s website
    Vendors / suppliers / other businesses:
    a. Name and contact details
    b. Identity and/or company information and directors’ information
    c. Banking and financial information
    d. Information about products or services
    e. Other information not specified, reasonably required to be processed for business operations
    Appendix 2: Part 3 – Recipients of personal information
    a. Any firm, organisation or person that Progress Aviation CC uses to collect payments and recover debts or to provide a service on its behalf
    b. Any firm, organisation or person that/who provides Progress Aviation CC with products or services
    c. Any payment system Progress Aviation CC uses
    d. Regulatory and governmental authority or ombudsmen, or other authorities, including tax authorities, where Progress Aviation CC has a duty to share the information in terms of legislation
    e. Third parties to whom payments are made on behalf of employees
    f. Financial institutions from whom payments are received on behalf of data subjects
    g. Any other operator not specified
    h. Employees, contractors and temporary staff
    i. Agents
    Appendix 2: Part 4 – Cross border transfers of personal information
    Personal information may be transmitted transborder to Progress Aviation CC’s suppliers in other countries, and personal information may be stored in data servers hosted outside of South Africa, which have adequate data protection laws. Progress Aviation CC will endeavour to ensure that its service suppliers will make all reasonable efforts to secure said data and personal information.
    Appendix 2: Part 5 – Description of information security measures
    Progress Aviation CC undertakes to institute and maintain the data protection measures to accomplish the following objectives outlined below. The details given are to be interpreted as examples of how to achieve an adequate data protection level for each objective. Progress Aviation CC may use alternative measures and adapt to technological security development, as needed, provided that the objectives are achieved.
  13. Access control of persons
    Progress Aviation CC shall implement suitable measures in order to prevent unauthorised persons from gaining access to the data processing equipment where the data is processed.
  14. Data media control
    Progress Aviation CC undertakes to implement suitable measures to prevent the unauthorised manipulation of media, including reading, copying, alteration or removal of the data media used by Progress Aviation CC and containing personal data of clients and/or employees.
  15. Data memory control
    Progress Aviation CC undertakes to implement suitable measures to prevent unauthorised input into data memory and the unauthorised reading, alteration or deletion of stored data.
  16. User control
    Progress Aviation CC shall implement suitable measures to prevent its data processing systems from being used by unauthorised persons by means of data transmission equipment.
  17. Access control to data
    Progress Aviation CC represents that the persons entitled to use Progress Aviation CC’s data processing systems, are only able to access the data within the scope and to the extent covered by their respective access permissions (authorisation).
  18. Transmission control
    Progress Aviation CC shall be obliged to enable the verification and tracing of the locations / destinations to which the personal information is transferred by utilisation of Progress Aviation CC’s data communication equipment / devices.
  19. Transport control
    Progress Aviation CC shall implement suitable measures to prevent personal information from being read, copied, altered or deleted by authorised persons during the transmission thereof or during the transport of the data media.
  20. Organisation control
    Progress Aviation CC shall maintain its internal organisation in a manner that meets the requirements of this Manual.
    Appendix 3: Objection to the processing of personal information in terms of Section 11(3) of the Protection of Personal Information Act, 4 of 2013
    Regulations relating to the protection of personal information, 2018
    Note:
  21. Affidavits or other documentary evidence as applicable in support of the objection may be attached.
  22. If the space provided in this form is inadequate, submit information as an Annexure to this form and sign each page.
  23. Complete as is applicable.
    A
    DETAILS OF DATA SUBJECT
    Name(s) and surname / registered name of data subject
    Unique identifier / identity number
    Residential, postal or business address
    Contact number(s)
    Fax number / e-mail address
    B
    DETAILS OF RESPONSIBLE PARTY
    Name(s) and surname / registered name of Information Officer of responsible party
    Residential, postal or business address
    Contact number(s)
    Fax number / e-mail address
    C
    REASONS FOR OBJECTION IN TERMS OF SECTION 11(1)(d) to (f) (Please provide detailed reasons for the objection)
    Signed at ___________ on this __ day of 20.

Signature of data subject/designated person
Appendix 4: Request for correction or deletion of personal information or destroying or deletion of record of personal information in terms of section 24(1) of the Protection of Personal Information Act, 4 of 2013.
Regulations Relating to the Protection of Personal Information, 2018
[Regulation 3]
Notes:

  1. Affidavits or other documentary evidence as applicable in support of the objection may be attached.
  2. If the space provided in this form is inadequate, submit information as an Annexure to this form and sign each page.
  3. Complete as is applicable.
    Mark the appropriate box with an “x”.
    Request for:
    o Correction or deletion of the personal information about the data subject which is in possession or under the control of the responsible party.
    o Destroying or deletion of a record of personal information about the data subject which is in possession or under the control of the responsible party and who is no longer authorised to retain the record of information.
    A
    DETAILS OF DATA SUBJECT
    Name(s) and surname / registered name of data subject
    Unique identifier / identity number
    Residential, postal or business address
    Contact number(s)
    Fax number / e-mail address
    B
    DETAILS OF RESPONSIBLE PARTY
    Name(s) and surname / registered name of Information Officer of responsible party
    Residential, postal or business address
    Contact number(s)
    Fax number / e-mail address
    C
    Reasons for objection in terms of section 11(1)(d) to (f) (Please provide detailed reasons for the objection)
    D
    Reasons for *Correction or Deletion of the Personal Information about the Data Subject in Terms of Section 24(1)(a) which is in Possession or Under the Control of the Responsible Party; and or Reasons for
    *Destruction or Deletion of a Record of Personal Information about the Data Subject in Terms of
    Section 24(1)(b) which the Responsible Party is no longer Authorised to Retain. (Please Provide Detailed Reasons for the Request)
    Signed at ___________ on this __ day of 20.

Signature of data subject/designated person