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Montessori Eco Schools

Legal

PAIA Manual

Draft — not yet finalised

This page is a draft template, not a finalised legal document. Please have it reviewed by your own legal counsel before relying on it.

1. About this manual

This manual is published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”), which gives effect to the constitutional right of access to information held by private bodies where that information is required to exercise or protect a right. It explains what records we hold and how to request them. It also serves the purposes of the Protection of Personal Information Act 4 of 2013 (“POPIA”) — see our Privacy Policy.

The right of access is not unlimited: it is balanced against other rights, including privacy, commercial confidentiality, and effective governance.

2. The private body

Name
Singing Forest and Chartwell House Montessori CC
Registration number
2009/016525/23
Schools covered
Chartwell House Montessori Eco School; Singing Forest Montessori Eco School
Physical and postal address
Chartwell House, 142 Third Road, Chartwell; and Singing Forest, 14 Trust Venue, Witkoppen, Fourways

3. Information Officer

Information Officer
Sophia Chetty
Telephone
011 875 2103
Email
admissions@montessoriecoschools.co.za

4. Guide on how to use PAIA

The Information Regulator has published a guide, in each official language, on how to exercise rights under PAIA and POPIA. It is available from the Information Regulator's website and on request from our Information Officer. Enquiries may be sent to enquiries@inforegulator.org.za.

5. Records available without a request

No notice under section 52(2) has been published. Information on this website — including fees, term dates, and the prospectus — is freely available without a formal request.

6. Records we hold

The categories below help you identify the record you need. Listing a record does not mean access will be granted; each request is subject to the grounds for refusal in section 9.

Financial and statutory

  • PAYE, UIF, and SDL records
  • Management accounts and audited financial statements
  • Asset register
  • Invoices, debit notes, and credit notes

Operational

  • Written policies and procedures
  • Enrolment contracts and fee schedules
  • Supplier and service-provider agreements

Learners and families

  • Enrolment and application forms
  • Termly reports and assessments
  • Medical information and medical reports
  • Correspondence

Staff

  • Employment contracts
  • Payroll and leave records
  • Disciplinary and training records

7. Records kept in terms of legislation

We keep records as required by legislation including the following (and any amendments and regulations):

  • Basic Conditions of Employment Act 75 of 1997
  • Broad-Based Black Economic Empowerment Act 53 of 2003
  • Close Corporations Act 69 of 1984
  • Compensation for Occupational Injuries and Diseases Act 130 of 1993
  • Consumer Protection Act 68 of 2008
  • Electronic Communications and Transactions Act 25 of 2002
  • Employment Equity Act 55 of 1998
  • Income Tax Act 58 of 1962
  • Labour Relations Act 66 of 1995
  • Protection of Personal Information Act 4 of 2013
  • Skills Development Act 97 of 1998
  • Skills Development Levies Act 9 of 1999
  • South African Schools Act 84 of 1996
  • Unemployment Insurance Act 63 of 2001
  • Value-Added Tax Act 89 of 1991

8. How to request access

  1. Complete Form 2 (Request for Access to Record), available from the Information Regulator's PAIA forms page or from our Information Officer.
  2. Identify the record, your identity, the form of access you want (copy, inspection, electronic, etc.), and how we should contact you.
  3. State the right you wish to exercise or protect, and why the record is needed for it. If you act for someone else, include proof of your authority.
  4. Send the form to the Information Officer by email or deliver it to either campus. If you cannot complete the form because of illiteracy or disability, you may make the request orally.

Parents wanting a copy of their own or their child's personal information can simply ask the Information Officer — this is a POPIA request and no request fee applies.

9. Fees

Fees are those prescribed in the PAIA Regulations, as published by the Information Regulator, and include VAT where applicable:

  • Request fee — payable before we process a request for records about someone other than yourself. No request fee applies to your own personal information.
  • Access fee — covers reproduction, search and preparation time beyond the prescribed hours, and postage, and is payable if access is granted.
  • Deposit — if searching and preparing the record will take more than six hours, we may ask for a deposit of up to one third of the access fee. It is refunded if access is refused.

We will tell you the amount payable in writing before any work is done. You may apply for exemption from fees where the Regulations allow it.

10. Grounds for refusal

We may or must refuse access where disclosure would involve:

  • Unreasonable disclosure of the personal information of a third party, including learners, families, or staff;
  • Trade secrets, or financial, commercial, or technical information of a third party or of the school that could cause harm;
  • Information supplied in confidence, or protected by an agreement;
  • Risk to the safety of an individual or the protection of property;
  • Records privileged from production in legal proceedings;
  • Research information whose disclosure would seriously disadvantage the research or researcher.

Requests that are clearly frivolous or vexatious, or that would unreasonably divert resources, may also be refused.

11. Decision and timelines

We will decide on a request within 30 days of receiving it and notify you in writing, with reasons if access is refused. We may extend this once, by up to 30 days, where the request covers a large volume of records or requires a search at another campus; we will tell you in writing if we do.

12. If you are unhappy with the decision

We do not have an internal appeal procedure, so the Information Officer's decision is final within the school. You may, within 180 days of the decision, lodge a complaint with the Information Regulator (South Africa) at PAIAComplaints@inforegulator.org.za, or apply to court for appropriate relief.

13. Availability of this manual

This manual is available on our website and for inspection at both campuses during school hours. A printed copy can be requested from the Information Officer, subject to the prescribed copying fee.