Legal

PAIA manual

Prepared in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (PAIA), as amended by the Protection of Personal Information Act 4 of 2013.

Version 1.1 Status Adopted by the board on 8 September 2026 as part of the Governance and Operations Policy Manual; lodgement with the Information Regulator to follow Effective 8 September 2026 Review by 8 September 2027, and whenever the Information Officer or the records change Owner Information Officer (the Chairperson)

1. Purpose of this manual

PAIA gives effect to the constitutional right of access to information held by public and private bodies. This manual tells you what records Magna Carter Community Development NPC (the "Company") holds, how to request them, and what it costs. It is available on this website and at our registered office, and will be lodged with the Information Regulator once adopted.

2. Information Officer

Private bodyMagna Carter Community Development NPC, registration 2020/538848/08, a non-profit company, operating as Magna Carta Social Housing Development
Information OfficerThe Chairperson of the Board (head of the private body in terms of section 1 of PAIA)
Postal and physical address16 Invicta Road, Thandanani Office Park, Midrand 1685
Emailadmin@mcshd.co.za
Telephone010 502 0108

3. The Regulator's guide

The Information Regulator has compiled a guide, in each official language, on how to use PAIA (section 10). It is available from the Information Regulator (South Africa): Woodmead North Office Park, 54 Maxwell Drive, Woodmead, Johannesburg, 2191; enquiries@inforegulator.org.za; telephone 010 023 5200 or toll-free 0800 017 160; official contact page. PAIA complaints go to PAIAComplaints@inforegulator.org.za. Details verified against the Regulator's contact page on 7 September 2026 and re-checked at each annual review.

4. Records we hold

Subject to the grounds for refusal in Chapter 4 of Part 3 of PAIA, the Company holds, or will hold once it is accredited and operating homes, records in the following categories. Today it holds statutory, governance, financial, regulatory and enquiry records; project and tenant records will exist only once a project is approved and homes are let.

CategoryExamples
Statutory and constitutionalMemorandum of Incorporation, CIPC registration and filings, board resolutions, minutes, registers of directors and interests
GovernanceBoard charter, committee terms of reference, policies, risk register, board evaluation records
FinancialAnnual financial statements, budgets, forecasts, bank mandates, tax records, audit reports
RegulatorySHRA accreditation application and correspondence, compliance reports, audit responses
Property and projectsSite memoranda, land and rights evidence, feasibility studies, planning approvals, contracts with professional teams and contractors
Tenant managementAllocation framework, waiting-list and application records, leases, billing and arrears records, complaints and appeals
PersonnelEmployment contracts, payroll, statutory returns (where staff are employed)
Personal informationRecords of enquiries, expressions of interest and applications, processed under our privacy notice

Records held in terms of other legislation and available on request include those required by the Companies Act 71 of 2008, the Income Tax Act 58 of 1962, the Tax Administration Act 28 of 2011, the Social Housing Act 16 of 2008, the Basic Conditions of Employment Act 75 of 1997 and POPIA.

5. Records available without a request

The following are available on this website without a PAIA request: this manual, the privacy notice, the terms of use, the accessibility statement, the institution's published status and governance structure, and published updates. No notice under section 52(2) has been published.

6. How to request a record

  1. Complete Form 2 (Request for Access to Record) prescribed under the Act, available from the Regulator's official PAIA forms page, and send it to the Information Officer by email or post at the address in section 2. Give enough detail for us to identify the record, state the form of access you want, and give your contact details.
  2. If you request on behalf of someone else, submit proof of your authority.
  3. Pay the prescribed request fee (section 7). We will tell you the amount and how to pay it. Personal requesters seeking their own personal information pay no request fee.
  4. We decide within 30 days of receiving a complete request, extendable once by up to 30 days where the Act allows, and tell you in writing. If access is granted we tell you the access fee, if any, and how the record will be provided.

Requests should be sent to admin@mcshd.co.za with the subject "Access to information request (PAIA)".

7. Fees

Fees are those prescribed in the regulations under PAIA as published by the Information Regulator from time to time. At the date of this version the prescribed request fee for a private body is R100. Access fees cover reproduction and search time at the prescribed rates, and a deposit may be requested where search time exceeds six hours. Fees are payable to the Company; details are supplied on request.

8. Grounds for refusal and remedies

Access may be refused on the grounds in Chapter 4 of Part 3 of PAIA, including the protection of the privacy of third parties, commercial information of third parties, confidential information, the safety of individuals and property, records privileged from production in legal proceedings, and the Company's own commercial information, in each case subject to the public-interest override in section 70. If a request is refused, the requester may apply to a court within 180 days, or lodge a complaint with the Information Regulator, whose details are in section 3.

9. Processing of personal information

As required by regulation 4(1)(d) of the PAIA Regulations, the Company records that it processes personal information for the purposes, on the lawful bases, with the recipients, for the periods and with the safeguards set out in its privacy notice, which forms part of this manual. Categories of data subjects include enquirers, prospective and actual tenants, directors, suppliers, partners and, where employed, staff. The Company does not transfer personal information outside South Africa other than as stated in the privacy notice.