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Terms & Conditions

1. Definitions

1.1 “User” means any person who accesses or uses the website of Sandton Scuba & Swim.

1.2 “Sandton Scuba & Swim” means the website displaying the official content as authorised by Sandton Scuba & Swim.

1.3 “Website” and “Website Content” refers to all the text, images or auditory content that is experienced as part of the User experience on the following domain:

2. Permitted Use and License

2.1 By accessing Sandton Scuba & Swim, the User agrees to the terms and conditions listed herein and all applicable laws that are governed by the laws of South Africa.

2.2 The website content may not be used for any commercial or non-private use without the prior written consent of Sandton Scuba & Swim.

2.3 Users may only access and use the website for lawful purposes.

2.4 Sandton Scuba & Swim permits the User to view and print the content of the website, provided that such content is only used for educational, personal or non-commercial purposes.

2.6 Users are not allowed to reproduce, adapt, post, upload, copy, reuse, publish, retransmit, modify, frame, broadcast or distribute any of the website content in any way without the prior written consent of Sandton Scuba & Swim.

3. Intellectual Property, Domain and Website Content

3.1 All Website content remains the sole property of the relevant content owner and is protected under all relevant copyright, patent, trademark and other applicable laws.

3.2 All intellectual property on the website, including but not limited to domain names, trademarks, text, patents, software, graphics, design elements, icons and hyperlinks are the property of Sandton Scuba & Swim and are protected from infringement by domestic and international legislation.

3.3 Nothing on the website should be construed as granting any licence or right to distribute content without the express written consent of Sandton Scuba & Swim

4. Waiver

4.1 While Sandton Scuba & Swim will make reasonable endeavours to ensure that the content on the website is correct and reliable, inaccuracies might occur. The User should therefore be aware of and acknowledge that:

4.1.1 use of the website is at the User’s own risk;

4.1.2 the website is provided to the User “voetstoots” or “as is”.

4.1.3. the User is also prohibited from accessing any unauthorized pages on the website, modifying or uploading any unauthorized content, creating additional hyperlinks, defacing, deleting, altering or amending content on Sandton Scuba & Swim

5. Severability of Terms and Conditions

Should a section of these Terms and Conditions be determined by any court or other competent authority to be unlawful or unenforceable, the other sections of these Terms and Conditions will continue in effect. If any unlawful or unenforceable section would be lawful or enforceable if a part of it was deleted, then that part will be deleted, and the rest of the section will continue in effect, in line with the permissible laws of South Africa.

6. Website Hyperlinks

6.1 The Website might provide hyperlinks to other websites from time to time that is not controlled by Sandton Scuba & Swim. Any such links do not imply the endorsement, agreement or support of the content of such other sites by Sandton Scuba & Swim.

6.2 Downloading material from these sites might risk infringing intellectual property.

6.3 It is the responsibility of the User to ensure the authenticity of any website which might be hyperlinked to Sandton Scuba & Swim prior to making use of such hyperlinks.

6.4 Sandton Scuba & Swim is not responsible for ensuring that hyperlinks are in working order.

7. Website Security

7.1 Although Sandton Scuba & Swim acknowledges that a 100% secure online environment is unattainable, Sandton Scuba & Swim is committed to taking reasonable security measures to safeguard the content of its website.

7.2 The User’s privacy is very important to Sandton Scuba & Swim. Any information provided to Sandton Scuba & Swim is therefore stored in a secure location.

7.3 Sandton Scuba & Swim can disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.

7.4 Sandton Scuba & Swim does not sell or rent personal information about individuals such as names, addresses, email addresses, telephone numbers or fax numbers to any third parties.

7.5 Sandton Scuba & Swim will collate the information which Users give to Sandton Scuba & Swim to provide the Users with his services.

7.6 Sandton Scuba & Swim may also use such information to inform Users about changes in the services that Sandton Scuba & Swim offers or about features that may be of interest to Users. By providing Sandton Scuba & Swim with this information, Users consent to Sandton Scuba & Swim use of such information for these purposes and for the purposes outlined in Sandton Scuba & Swim Privacy Policy, including processing User requests.

7.6 Please refer to the Privacy Policy for any further information regarding Sandton Scuba & Swim treatment of a User’s personal information.

8. Disclaimer and Limitation of Liability

8.1 The information contained on Sandton Scuba & Swim Website is for information purposes only and is not intended as professional advice due to the fact that circumstances will vary from person to person.

8.2 Sandton Scuba & Swim is not liable for the actions of Users of Sandton Scuba & Swim Website.

8.3 Sandton Scuba & Swim is not liable to Users for any information posted on Sandton Scuba & Swim Website.

8.4 By using Sandton Scuba & Swim Website, a User defends, indemnifies and holds harmless its lawful employees, agents and representatives from all damages, losses and expenses, including legal expenses arising from the following any claims for the infringement of intellectual property rights, defamation to any material the User may send to Sandton Scuba & Swim Website; any claims, cost, loss, damage or expense, whether directly or indirectly, whether monetary or otherwise, which any person might suffer as a result of or in consequence of the use of or reliance of any information or material provided for on Sandton Scuba & Swim Website; the User’s breach of any provisions of these terms and conditions of Sandton Scuba & Swim Website; Sandton Scuba & Swim, its agents, employees and representatives are further indemnified in respect of any costs, losses, damages or expenses which any person might suffer as a result of entering into any transaction with any third party, including Sandton Scuba & Swim, its lawful agents, employees and representatives as a result of or in consequence of the reliance on any information contained on Sandton Scuba & Swim Website or any related site.

In no event shall Sandton Scuba & Swim and its lawful agents and representatives referred to in this website be liable for any damages of whatsoever nature, whether for bodily, moral or material injury, including, without limiting, indirect, punitive, incidental and consequential damages, costs, loss of profits, expenses, damage resulting from lost data or business interruption resulting from the use or inability to use Sandton Scuba & Swim Website and the material contained herein, whether based on warranty, contractual or extra-contractual liability, any other legal matters, and whether or not Sandton Scuba & Swim, its lawful agents, employees and representatives are advised of the possibility of such damages.

9. Deletion or Correction of Content

Website Users should report any inaccurate, illegal or harmful content appearing on Sandton Scuba & Swim Website, in which case Sandton Scuba & Swim will undertake to correct or remove any such content as soon as Sandton Scuba & Swim becomes aware of it.

10. Whole Agreement

10.1. The Terms and Conditions set out herein constitute the whole agreement between the User and Sandton Scuba & Swim and shall take precedence over any disclaimer or legal notices attached to any communications received by Sandton Scuba & Swim from the User.

10.2. Any failure by Sandton Scuba & Swim to exercise or enforce any rights or provisions shall not constitute a waiver of such rights or provisions.

10.3. To the extent permissible by the law of South Africa, Sandton Scuba & Swim shall not be bound by any express or implied representation, term, warranty, promise or the likes not recorded herein.

10.4 No amendment of these Terms and Conditions or any provision or term hereof or of any other conditions contained on this website will be binding unless made by and recorded in writing by Sandton Scuba & Swim.

11. Applicable Law

Sandton Scuba & Swim Website is hosted, controlled and operated from within the Republic of South Africa and is thus governed by South African law.

12. Legal Jurisdiction

The High Court of South Africa will have full jurisdiction with regard to any legal proceedings arising in terms of this Agreement.

13. Legal Costs

Sandton Scuba & Swim will not be liable for any legal costs and expenses incurred by the User to obtain professional advice relating to these Terms and Conditions.

14. Breaches

Should the User breach any Terms and Conditions of this website, Sandton Scuba & Swim will be entitled to its rights in the Terms and Conditions or in law to claim damages from the User or to commence with criminal proceedings.

Cookie Policy


The Sandton Scuba & Swim Website may use cookies, web beacons, tracking pixels, and other tracking technologies when you visit our website, including any other media form, media channel, mobile website, or mobile application related or connected thereto, to help customize the website and improve your user experience.

About this Cookie Policy

This Cookie Policy explains what cookies are and how we use them, the types of cookies we use i.e, the information we collect using cookies and how that information is used, and how to control the cookie preferences. For further information on how we use, store and keep your personal data secure, see our Privacy Policy.

You can at any time change or withdraw your consent from the Cookie Declaration on our website. Learn more about who we are, how you can contact us, and how we process personal data in our Privacy Policy.

Your consent applies to the following domains:

What are Cookies?

Cookies are small text files that are used to store small pieces of information. They are stored on your device when the website is loaded on your browser. These cookies help us make the website function properly, make it more secure, provide better user experience, and to understand how the website performs and to analyse what works and where it needs improvement.

How Do We Use Cookies?

Much like most online services, our website uses first-party and third-party cookies for several purposes. First-party cookies are mostly necessary for the website to function the right way and they do not collect any of your personally identifiable data. The third-party cookies used on our website are mainly for understanding how the website performs, how you interact with our website, keeping our services secure, providing advertisements that are relevant to you and all-in-all to provide you with a better and improved user experience and help speed up your future interactions with our website.

What Types of Cookies Do We Use?

Necessary: Some cookies are essential for you to be able to experience the full functionality of our site. They allow us to maintain user sessions and prevent any security threats. They do not collect or store any personal information. For example, these cookies allow you to log in to your account and add products to your basket, and checkout securely.

Analytics: These cookies store information like the number of visitors to the website, the number of unique visitors, which pages of the website have been visited, the source of the visit, etc. These data help us understand and analyse how well the website performs and where it needs improvement.

Functional: These are the cookies that help certain non-essential functionalities on our website. These functionalities include embedding content like videos or sharing content of the website on social media platforms.

Preferences: These cookies help us store your settings and browsing preferences like language preferences so that you have a better and efficient experience on future visits to the website.

The below list details the cookies used on our website.

How Can I Control The Cookie Preferences?

Should you decide to change your preferences later through your browsing session, you can click on the “Cookie Policy” link on your screen. This will display the consent notice again enabling you to change your preferences or withdraw your consent entirely. In addition to this, different browsers provide different methods to block and delete cookies used by websites. Most browsers are set to accept cookies by default. However, you can remove or reject cookies in your browser’s settings. Please be aware that such action could affect the availability and functionality of the website.

For more information on how to control cookies, check your browser or device’s settings for how you can control or reject cookies, or visit the following links:

Apple Safari

Google Chrome

Microsoft Edge

Microsoft Internet Explorer

Mozilla Firefox


Android (Chrome)

Iphone or Ipad (Chrome)

Iphone or Ipad (Safari)

In addition, you can opt out of some third-party cookies through the Network Advertising Initiative’s Opt Out Tool.

Contact Us

If you have questions or comments about this Cookie Policy, please contact us at:

Company Name:Sandton Scuba & Swim

Area your office is based: Johannesburg

21 van Riebeeck St, Norscot,2191

Telephone number: +27 83 457 3200


PAIA Manual

This manual was created in line with Section 51 of the Promotion of Access to Information Act, 2000. Its purpose is to address the requirements of the Protection of Personal Information Act, 2013.

This manual is for

Pisces Divers

And its subsidiaries [IF APPLICABLE]

(hereinafter Sandton Scuba&Swim)

Table of Contents

  1. Introduction and Background to The Promotion of Access to Information Act
  2. Applicable Company
  3. PAIA Manual
  4. Information Officers
  5. South African Human Rights Commission
  6. Latest Notice in Terms of Section 52 of PAIA
  7. Subjects and Categories of Records
  8. Records Available without a Request
  9. Description of The Body’s Records Available in Agreement with any Other Legislation
  10. How to Initiate a Request for Access to a Record
  11. Refusal of Access
  12. Available Solutions for Request Refusals
  13. Access to Records
  14. Specified Fees
  15. Decision Making


1.1 Section 32 of the Constitution of the Republic of South Africa, No. 108 of 1996 (“the Constitution”) provides: (1) Everyone has the right of access to – (a) any information held by the state, and (b) any information that is held by another person and that is required for the exercise or protection of any rights. (2) National legislation must be enacted to give effect to this right and may provide for reasonable measures to alleviate the administrative and financial burden on the state. The Act gives effect to this constitutional right of access as required in terms of sub-section (2). Except for sections 10, 14, 16 and 51, the Act came into operation on 9 March 2001. Government Gazette number 23119 brought the remaining sections into operation on 15 February 2002.

1.2. In terms of section 51 of the Act, all Private Bodies are required to compile an Information Manual that is the “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 or regulatory requirements, except where the Act expressly provides that the information may be adopted when requesting information from a public or private body.


2.1 Pisces Divers

2.2 Diving Operator, Retailer and Service Provider


3.1. The purpose of PAIA is to promote the right of access to information, to maintain a culture of transparency and accountability within Pisces Divers by giving the right to information that is required for the exercise or protection of any right and to actively promote a society in which the people of South Africa have effective access to information to enable them to exercise and protect their rights.

3.2. To promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights concerning public and private bodies.

3.3. Section 9 of the Act recognises that the right to access information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to the following:

3.3.1. Limitations aimed at the reasonable protection of privacy;

3.3.2. Good, effective and efficient governance over a person’s privacy;

3.3.3. Commercial confidentiality.

This must be conducted in a manner that balances that right with any other rights, including the rights contained in the Bill of Rights in the South African Constitution.

3.4. This PAIA Manual complies with the requirements mentioned in Section 10 of the Act and recognises that upon commencement of the Protection of Personal Information Act 4 of 2013, that the appointed Information Officer will be responsible for regulating compliance with the Act and its regulations by private and public bodies.


Managing Director: Michael Nortje

Registered Address: 12 Disa Avenue, Kommetjie, 7975

Postal Address: PO Box 48489, Kommetjie, 7976

Telephone Number: 082 3106007



4.1. The Act requires the appointment of an Information Officer for public bodies where such Information Officer is responsible for assessing requests for access to information. The head of a private body fulfils this function in terms of Section 51. Pisces Divers has chosen to appoint an Information Officer to assess such a request for access to information as well as to oversee its required

functions in terms of the Act.

4.2. The Information Officer who has been appointed in terms of the Act is the same as the Information Officer who is referred to in the Protection of Personal Information Act 4 of 2013. The Information Officer oversees the functions and responsibilities as required in terms of both this Act and 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.

4.3. The Information Officer is permitted to appoint a Deputy Information

Officer, as allowed in terms of Section 17 of the Act and Section 56 of the Protection of Personal Information Act 4 of 2013. This is to render Pisces Divers as accessible as reasonably possible for Requestors of its records and to ensure that its obligations and responsibilities as assigned in terms of Section 55 of the Protection of Personal Information Act 4 of 2013 are fulfilled. All requests for information in terms of this Act must be addressed to the Information Officer.


Managing Director: Michael Nortje

Physical Address: 12 Disa Avenue, Kommetjie, 7975

Postal Address: PO Box 48489, Kommetjie, 7976

Telephone Number: 082 3106007



5.1. The Act grants a Requestor 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 the public’s best interest.

5.2. Requests in terms of the Act shall be made following the prescribed procedures at the rates provided. The forms and tariffs are dealt with in paragraphs 6 and 7 of the Act.

5.3. Requestors are referred to the guide in terms of Section 10 which has been compiled by the South African Human Rights Commission, which will contain information to exercise Constitutional Rights. The guide is available from the SAHRC.

5.4. The contact details of the South African Human Rights Commission are:

Name: The South African Human Rights Commission

Street Address: PAIA Unit

29 Princess of Wales Terrace

Corner York and Andrew Streets


Postal Address: Private Bag 2700, Houghton 2041

Telephone Number: +27 11 877 3600




No notice has been published on the categories of records that are automatically available without a person having to request access in terms of Section 52 of PAIA.


Four broad subjects have been identified:

  • Personnel records;
  • Customer-related records;
  • Private Body records; and
  • Records in the possession of or about 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:

  • Any personal records provided to the private body by their personnel;
  • Any records a third party has provided to the private body about any of their personnel;
  • Conditions of employment and other personnel-related contractual and quasi-legal records;
  • Internal evaluation records; and
  • Other internal records and correspondence.

Customer-related Records

A customer includes any natural or juristic entity that receives services from the private body. Customer-related information includes the following:

  • Any records a customer has provided to a third party acting for or on behalf of the private body;
  • Any records a third party has provided to the private body; and
  • Records generated by or within the private body about the customer, including transactional records.

Private Body Records

The following are considered to include but not be limited to records that pertain to the private body’s own affairs:

  • Client registration records;
  • Client statutory returns;
  • Commercial contracts;
  • Client database;
  • Financial records;
  • Operational records;
  • Databases; Marketing records;
  • Internal correspondence;
  • Product records;
  • Statutory records;
  • Internal policies and procedures;
  • Records held by officials of the private body.

Other Parties

The private body may possess records about other parties, including without limitation contractors, suppliers, subsidiary/holding/sister companies, joint venture companies, service providers. Alternatively, such other parties may possess records that can be said to belong to the private body. The following records fall under this category:

  • Personnel, customer or private body records which are held by another party as opposed to being held by the private body; and
  • Records held by the private body about 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.

7.1. Relating to the records held by Pisces Divers for the purposes of this clause, “Personnel” refers to any person who works for or provides services to or on behalf of Pisces Divers and receives or is entitled to receive remuneration, and any other person who assists in carrying out or conducting the business of Pisces Divers. This includes, without limitation, all directors, all permanent, temporary and part-time staff, as well as contract workers. This clause serves as a reference to the categories of information that Pisces Divers holds. The information is classified and grouped according to records relating to the following subjects and categories:


  • Register of debenture holders;
  • Special resolutions/Resolutions passed at meetings;
  • Minutes of meetings of the Board of Directors and shareholders;
  • Register of directors’ shareholdings;
  • Share certificates;
  • Share Register and other statutory registers or records;
  • Companies Act Records;
  • All trust deeds;
  • Documents of Incorporation;
  • Index of names of Directors;
  • Memorandum of Incorporation;
  • Proxy forms;
  • Documents and records relating to the appointment of:

○ Auditors;

○ Directors;

○ Prescribed Officer.

○ Public Officer; and

○ Secretary.

  • Financial and 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 reconciliation;

○ Invoices;

○ Paid cheques;

○ Policies and procedures;

○ Rental Agreements;

○ VAT;

  • Staff/Employees/Personnel:

○ 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;

○ Workmen’s Compensation;

○ Leave records;

○ Medical Aid records;

○ Salary records;

○ Payroll reports or wage registers;

○ Pension Fund records;

○ Personnel Documents and Accident books and records;

○ Records Address Lists;

○ Disciplinary Codes and Records;

○ Employee benefits arrangements rules and records;

○ Employment Contracts;

○ Employment Equity Plans;

○ All other statutory compliances;

○ Regional Services Levies;

○ Skills Development Levies;

○ UIF payments;

○ Forms and applications;

○ Grievance procedures;

○ Safety, health and environmental records;

○ SETA records;

○ Standard letters and notices;

○ Training manuals;

○ Training records;

○ Workplace and Union agreements and records;

  • Procurement department:

○ Standard Terms and Conditions for the supply of services and products;

○ Contractor, client and supplier agreements;

○ Lists of suppliers, products, services and distribution with 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 reports;

○ Audit Risk management frameworks; and

○ Risk management plans.

  • Corporate Social Responsibility (CSR) schedule of projects and records of organisations that receive funding;
  • CSR Responsibility Reports, books, publications and general information related to CSR spend;
  • Records and contracts of agreement with funded organisations;
  • Complete Safety, Health and Environment Risk Assessment;
  • Environment Environmental Management Plans;
  • Inquiries, inspections, examinations by environmental authorities;
  • IT Department/Computer:

○ Mobile device usage policy documentation;

○ Disaster recovery plans;

○ Hardware asset registers;

○ Information security policies, standards and procedures;

○ Information technology systems and user manuals;

○ Information usage policy documentation;

○ Project implementation plans, software licensing as well as system documentation and manuals.

7.2. Please note that the accessibility of the records could be subject to the grounds of refusal set out in this PAIA Manual. Among others, records that are deemed confidential on the part of a third party will require permission from the third party concerned, in addition to normal requirements, before Pisces Divers will consider access to these records.


8.1. Records of a public nature, typically those disclosed on the Pisces Divers website and in its various annual reports, can be accessed without the need to submit a formal application.

8.2. Other non-confidential records such as statutory records maintained at CIPC, otherwise known as the Companies and Intellectual Property Commission, 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.


9.1. Where applicable to its operations, Pisces Divers retains records and documents in terms of the legislation below. Unless the disclosure of such records is prohibited in terms of legislation, contractual agreements, regulations or otherwise, the records that are required to be made available in terms of these acts shall be made available for inspection by the interested parties in terms of the requirements and conditions of the Act, in line with the below-mentioned legislation and applicable internal policies and procedures should the interested parties be entitled to such information. A request to access these records must be provided following the prescriptions of the Act.

  1. Auditing Professions Act, No 26 of 2005;
  2. Basic Conditions of Employment Act, No 75 of 1997;
  3. Broad-Based Black Economic Empowerment Act, No 75 of 1997;
  4. Business Act, No 71 of 1991;
  5. Companies Act, No 71 of 2008;
  6. Compensation for Occupational Injuries & Diseases Act, 130 of 1993;
  7. Competition Act, No.71 of 2008;
  8. Constitution of the Republic of South Africa 2008;
  9. Copyright Act, No 98 of 1978;
  10. Customs & Excise Act, 91 of 1964;
  11. Electronic Communications Act, No 36 of 2005;
  12. Electronic Communications and Transactions Act, No 25 of 2002;
  13. Employment Equity Act, No 55 of 1998;
  14. Financial Intelligence Centre Act, No 38 of 2001;
  15. Identification Act, No. 68 of 1997;
  16. Income Tax Act, No 58 of 1962;
  17. Intellectual Property Laws Amendment Act, No 38 of 1997;
  18. Labour Relations Act, No 66 of 1995;
  19. Long Term Insurance Act, No 52 of 1998;
  20. Occupational Health & Safety Act, No 85 of 1993;
  21. Pension Funds Act, No 24 of 1956;
  22. Prescription Act, No 68 of 1969;
  23. Prevention of Organised Crime Act, No 121 of 1998;
  24. Promotion of Access to Information Act, No 2 of 2000;
  25. Protection of Personal Information Act, No. 4 of 2013;
  26. Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002
  27. Revenue laws Second Amendment Act. No 61 of 2008;
  28. Skills Development Levies Act No. 9 of 1999;
  29. Short-term Insurance Act No. 53 of 1998;
  30. Trust Property Control Act 57 of 1988
  31. Unemployment Insurance Contributions Act 4 of 2002;
  32. Unemployment Insurance Act No. 30 of 1966;
  33. Value Added Tax Act 89 of 1991.

We have done our best to supply a comprehensive list of applicable legislation; however, it is possible that this list might be incomplete. If it comes to our attention that existing or new legislation allows the Requestor access on a basis other than what is set out in PAIA, we will update the list accordingly. If a Requestor believes that a right of access to a record exists in terms of legislation that is listed above or any other legislation, the Requestor is required to indicate what legislative right the request is based on to allow the Information Officer the opportunity to consider the request under such grounds.

9.2. It is further recorded that the accessibility of documents and records might be subject to the grounds of refusal set out in this PAIA Manual.


10.1. The Requestor must comply with all the procedural requirements contained in the Act relating to the request for access to a record that is held by Pisces Divers.

10.2. The Requestor 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.

10.3. The prescribed form must be filled in with sufficient information to enable the Information Officer to identify:

  • the record or records requested;
  • the identity of the Requestor.

10.4. The Requestor should indicate which form of access is required and specify a postal address or fax number of the Requestor in the Republic of South Africa.

10.5. The Requestor must state that he/she requires the information to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. The Requestor must specify why the record is necessary to exercise or protect such a right.

10.6. Pisces Divers will process the request within 30 (thirty) days, unless the Requestor has stated special reasons to the satisfaction of the Information Officer that circumstances dictate that the above time periods not be complied with.

10.7. The Requestor shall be advised whether access is granted or denied in writing. If, in addition, the Requestor requires the reasons for the decision in any other manner, the Requestor will be obliged to state which manner and the particulars required.

10.8. If a request is made on behalf of another person, then the Requestor must submit proof of the capacity in which the Requestor is making the request to the reasonable satisfaction of the Information Officer.

10.9. If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request verbally.

10.10. The Requestor must pay the prescribed fee before any further processing can take place.

10.11. All information 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 Requestor has furnished all the necessary and required information. The Information Officer shall provide a record if possible and grant only access to that portion requested and which is not prohibited from being disclosed.


11.1.1. Grounds to refuse access is where a private body such as Pisces Divers is entitled to refuse a request for information.

11.1.1. The main grounds for Pisces Divers to refuse a request for information relates to:

  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;
  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;
  3. Mandatory protection of the commercial information of a third party (section 64) if the record contains:
  4. Trade secrets of the third party;
  5. Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party;
  6. Information disclosed in confidence by a third party to Pisces Divers, if the disclosure could place such a third party at a disadvantage in negotiations or commercial competition;
  7. Mandatory protection of confidential information of third parties (Section 65) if it is protected in terms of any agreement;
  8. Mandatory protection of the safety of individuals and the protection of property (Section 66);
  9. Mandatory protection of records that would be regarded as privileged in legal proceedings (section 67).

11.1.2. The commercial activities (Section 68) of a private body, such as Pisces Divers, which may include:

  1. Trade secrets of Pisces Divers;
  2. Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of Pisces Divers;
  3. Any information which, if disclosed could put Pisces Divers at a disadvantage in negotiations or commercial competition;
  4. A computer program which is owned by Pisces Divers, and which is protected by copyright;
  5. The research information (Section 69) of Pisces Divers or a third party, if its disclosure would disclose the identity of Pisces Divers, the researcher or the subject matter of the research and would place the research at a serious disadvantage.

11.1.3. We will refuse requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources.

11.1.4. All requests for information will be assessed on their own merits and following the applicable legal principles and legislation.

11.1.5. If a requested record cannot be found or if the record does not exist, the Information Officer will, by way of an affidavit or affirmation, notify the Requestor that it is not possible to give access to the requested record. Such 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 is later found, the Requestor will be given access to the record in the manner stipulated by the Requestor in the prescribed form, unless the Information Officer refuses access to such a record.


12.1. Internal Remedies

Pisces Divers does not have internal appeal procedures. The decision made by the Information Officer is final. Requestors will have to exercise such external remedies at their disposal if the request for information is refused and the Requestor is not satisfied with the answer supplied by the Information Officer.

12.2. External Remedies

12.2.1. A Requestor that is dissatisfied with an Information Officer’s decision that the request is declined may, within 30 days of notification of the decision, apply to a court for relief.

12.2.2 A third party dissatisfied with an Information Officer’s decision to grant a request may, within 30 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.

It should be noted that notwithstanding any provision in this Act, the court may examine the record(s) in question. No record may be withheld from the court on any grounds. The court may not, however, disclose the contents of the record(s). The court is empowered to grant any order that is just and equitable, including:

  • confirming, amending or setting aside the Information Officer’s decision requiring the Information Officer to take any action, or refrain from taking any action as identified by the court within a specified period;
  • granting an interdict, interim or special relief, declaratory order or compensation for costs.


13.1. Prerequisites for Access by Personal/Other Requestor:

13.1.1. Records held by Pisces Divers may be accessed by requests only once the prerequisite requirements for access have been met.

13.1.2. A Requestor is any person making a request for access to a record in the possession of Pisces Divers.

There are two types of Requestors:

1) Personal Requestor:

A Personal Requestor is described in terms of the Act as a Requestor seeking access to a record containing information about the Requestor. A personal Requestor is not liable to pay a request fee, is liable for payment of access fees in the event of a request being granted, but may not be required to pay a deposit before the granting of the record.

Pisces Divers will voluntarily provide the requested information or give access to any record concerning the Requestor’s personal information. The prescribed fee for the reproduction of the information requested will be charged.

2) Other Requestor:

Such a Requestor is a person other than a Personal Requestor who is authorized to request access to information belonging to third parties. The Information Officer must give written notice to a Requestor other than a Personal Requestor of the request fee and amount to be paid before the request may be further processed.

If in the Information Officer’s opinion the search for a record or preparation of the record for disclosure will require more than the prescribed hours, the Information Officer may require the Requestor to pay a deposit, not being more than one-third of the Access Fee that would be payable if the request is granted. If the request is declined, the deposit must be repaid to the Requestor.

In considering such a request, Pisces Divers will adhere to the provisions of the Act. Section 71 requires that the Information Officer take all the reasonable steps to inform the third party to whom the requested record relates to the request, informing him/her that he/she may make a written or oral representation to the Information Officer as to why the request should be refused or, where required, give written consent for the disclosure of the Information.

Pisces Divers is not obligated to voluntarily grant access to such records. The Requestor 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.


14.1. Fees Provided by the Act:

14.1.1. The Act provides for two types of fees, namely:

1) A request fee is a form of an administration fee to be paid by all Requestors, except Personal Requestors, before the request is considered and is not refundable.

2) An access fee is paid by all Requestors if an access request is granted. This fee is inclusive of costs involved by the private body in obtaining and preparing a record for delivery to the Requestor.

14.1.2. When the request is received by the Information Officer, such officer will by way of notice require the Requestor, other than a Personal Requestor, to pay the prescribed request fee, before further processing of the request.

14.1.3. If the search for the record has been made and the preparation of the record for disclosure, including an arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, the Information Officer will notify the Requestor to pay a deposit of the prescribed portion of the access fee which would be payable if the request is granted.

14.1.4. The Information Officer will withhold a record until the Requestor has paid the fees as indicated further down in this manual.

14.1.5. A Requestor 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 processing fee for reproduction and search and preparation, and for any time reasonably required over the prescribed hours to search for and prepare the record for disclosure, including making arrangements to make it available in the request form.

14.1.6. 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 Requestor.

14.1. Where Pisces Divers 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 the reproduction of the record in question.

Reproduction of Information Fees to be Charged:

  • Information in an A-4 size page photocopy or part thereof R 1.10;
  • A printed copy of an A4-size page or part thereof R 0.75.

A copy in computer-readable format, for example:

  • Compact disc R 70.00;
  • A transcription of visual images, in an A4-size page or R 40.00 part thereof
  • A copy of visual images R 60.00;
  • A transcription of an audio record for an A4-size page or R 20.00 part thereof;
  • A copy of an audio record R 30.00.

14.2. Request Fees:

Where a Requestor submits a request for access to information held by an institution on a person other than the Requestor himself/herself, a request fee in the amount of R50.00 is payable upfront before the institution will further process the request received.

14.3. Access Fees:

14.3.1. 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 exclusion is determined by the Minister in terms of section 54(8).

The applicable access fees which will be payable are:

  • Information in an A-4 size page photocopy or part thereof R 1.10;
  • A printed copy of an A4-size page or part thereof R 0.75.

A copy in computer-readable format, for example:

  • Stiffy disc R 7.50;
  • Compact disc R 70.00;
  • A transcription of visual images, in an A4-size page or R 40.00 part thereof;
  • A copy of visual images R 60.00;
  • A transcription of an audio record for an A4-size page or R 20.00 part thereof;
  • A copy of an audio record R 30.00;

A “per hour” or “part of an hour” that is reasonably required for such services will be applied to such fees. Where a copy of a record needs to be posted, the actual postal fee is payable.

14.4. Deposits:

14.4.1. Where the institution receives a request for access to information held on a person other than the Requestor herself/himself and the Information Officer believes upon receipt of the request that the preparation of the required record of the disclosure will take more than 6 (six) hours, a deposit is payable by the Requestor.

14.4.2. The amount of the deposit is equal to 1/3 (one third) of the amount of the applicable access fee.

14.5. Collection Fees:

14.5.1. The initial “request fee” of R50,00 should be deposited into the bank account below and a copy of the deposit slip, application form and other correspondence/documents forwarded to the Information Officer via fax.

14.5.2. The officer will collect the initial “request fee” of applications received directly by the Information Officer via email.

14.5.3. 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. Requestors will be informed of any changes in the fees before making a payment.


15.1. Time Allowed to the Institution:

15.1.1. Pisces Divers 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.

15.1.2. The 30 (thirty) day period within which Pisces Divers 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 considerable amount of information, or the request requires a search for information that is held at another office of Pisces Divers and the information cannot be reasonably obtained within the original 30 (thirty) day period.

15.1.3. Pisces Divers will notify the Requestor in writing if an extension for the time allowance will need to be sought and will include how much more time will be required.