PAIA & POPIA Manual

MØLLER GROUP PTY LTD

 

THE PROMOTION OF ACCESS TO INFORMATION MANUAL (“Manual”)

1. PREAMBLE

The Promotion of Access to Information Act, 2000 (“PAIA”) came into operation on 9 March 2001. PAIA seeks, among other things, to give effect to the Constitutional right of access to any information held by the State or by any other person where such information is required for the exercise or protection of any right and gives natural and juristic persons the right of access to records held by either a private or public body, subject to certain limitations, in order to enable them to exercise or protect their rights. Where a request is made in terms of PAIA to a private body, that private body must disclose the information if the requester is able to show that the record is required for the exercise or protection of any rights, and provided that no grounds of refusal contained in PAIA are applicable. PAIA sets out the requisite procedural issues attached to information requests.

Section 51 of PAIA obliges private bodies to compile a manual to enable a person to obtain access to information held by such private body and stipulates the minimum requirements that the manual has to comply with.

This Manual constitutes the MØLLER Group PAIA manual. This Manual is compiled in accordance with section 51 of PAIA as amended by the Protection of Personal Information Act, 2013 (“POPIA”), which gives effect to everyone’s Constitutional right to privacy. POPIA promotes the protection of personal information processed by public and private bodies, including certain conditions so as to establish minimum requirements for the processing of personal information. POPIA amends certain provisions of PAIA, balancing the need for access to information against the need to ensure the protection of personal information by providing for the establishment of an Information Regulator to exercise certain powers and perform certain duties and functions in terms of POPIA and PAIA, providing for the issuing of codes of conduct and providing for the rights of persons regarding unsolicited electronic communications and automated decision making in order to regulate the flow of personal information and to provide for matters concerned therewith.

This PAIA manual also includes information on the submission of objections to the processing of personal information and requests to delete or destroy personal information or records thereof in terms of POPIA.

VERSION	POLICY OWNER	DATE
2.0	The MØLLER Group	1st August 2023

2. ABOUT MØLLER GROUP

The Manual is applicable to the MØLLER Group and is available to view at its premises at Indian Road, Cape Town, Western Province.

This PAIA Manual is compiled not only to ensure that MØLLER Group complies with PAIA and POPIA, but is also intended to:

foster a culture of transparency and accountability within MØLLER Group by giving effect to the right to information that is required for the exercise or protection of any right; and

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. OBJECTIVES OF THIS MANUAL

The objectives of this Manual are:

to provide a list of all records held by MØLLER Group;

to set out the requirements with regard to who may request information in terms of PAIA as well as the grounds on which a request may be denied;

to define the manner and form in which a request for information must be submitted; and

to comply with the additional requirements imposed by POPIA.

4. CONTACT DETAILS

Name of Private Body                               :           MØLLER Group

Designated Information Officer                 :           M.T MØLLER

Email address of Information Officer         :           legal@mollergroup.eu

Street address                                            :           Indian Road Cape Town Western Cape

5. THE INFORMATION AND DEPUTY INFORMATION OFFICERS

• PAIA and POPIA require the appointment of an Information Officer which in relation to a private body means the head of a private body as contemplated in section 1 of PAIA.

• Section 56 of POPIA makes provision for the appointed Information Officer to delegate the associated duties and responsibilities to a duly authorised person.

All requests to MØLLER Group for information in terms of the Act must be addressed to the Deputy Information Officer.

Contact details of Deputy Information Officers

Deputy Information Officer                :           P.C MØLLER

E-mail address of Information Officer :           legal@mollergroup.eu

Physical Address                                :           Indian Road Cape Town Western Cape

6. INFORMATION REGULATORS GUIDE

• An official Guide has been compiled which contains information to assist a person wishing to exercise a right of access to information in terms of PAIA and POPIA. This Guide is made available by the Information Regulator (established in terms of POPIA). Copies of the updated Guide are available from the Information Regulator in the manner prescribed. Any enquiries regarding the Guide should be directed to:

Postal Address                                    :           JD House

27 Stiemens Street

Braamfontein, Johannesburg, 2001

E-mail Address                                  :           inforeg@justice.gov.za

Website                                             :           https://www.justice.gov.za/inforeg/

7. ENTRY POINT FOR REQUESTS

• PAIA provides that a person may only make a request for information, if the information is required for the exercise or protection of a legitimate right.

• Information will therefore not be furnished unless a person provides sufficient particulars to enable MØLLER Group to identify the right that the requester is seeking to protect as well as an explanation as to why the requested information is required for the exercise or protection of that right.

The exercise of an individual’s rights is subject to justifiable limitations, including the reasonable protection of privacy, commercial confidentiality, and effective, efficient and good governance. PAIA and the request procedure contained in this Manual may not be used for access to a record for criminal or civil proceedings, nor should information be requested after the commencement of such proceedings.

• The Deputy Information Officer has been delegated with the task of receiving and coordinating all requests for access to records in terms of PAIA, in order to ensure proper compliance with PAIA and POPIA.

• The Deputy Information Officer will facilitate the liaison with the internal legal team on all of these requests.

• All requests in terms of PAIA and this Manual must be addressed to the Deputy Information Officer using the details in paragraph 2.1 above.

8. AUTOMATICALLY AVAILABLE INFORMATION

• Information that is obtainable via the MØLLER Group website about the MØLLER Group is automatically available and need not be formally requested in terms of this Manual.

• The following categories of records are automatically available for inspection, purchase or photocopying:

• Brochures

• press releases

• publication; and

• various other marketing and promotional material.

9. INFORMATION AVAILABLE IN TERMS OF POPIA

• Categories of personal information collected by MØLLER Group

• MØLLER Group may collect information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:

• information relating to the gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, wellbeing, disability, religion, conscience, belief, culture, language and birth of the person; 9.1.2. information relating to the education or the medical, financial, criminal or employment history of the person;

• any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

• the personal opinions, views or preferences of the person;

• correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

• the views or opinions of another individual about the person; and

• the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;

• the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a data subject; or

• the criminal behaviour of a data subject to the extent that such information relates to:

• the alleged commission by a data subject of any offence; or

• any proceedings in respect of any offence allegedly committed by a data subject or the disposal of such proceedings.

• The purpose of processing personal information

• In terms of POPIA, personal information must be processed for a specified purpose. The purpose for which data is processed by MØLLER Group will depend on the nature of the data and the particular data subject. This purpose is ordinarily disclosed, explicitly or implicitly, at the time the data is collected. Please also refer to the MØLLER Group’s Privacy Policy for further information.

• In general, personal information is processed for purposes of dealing with customers, complaints, procurement purposes, records management, security, employment and related matters.

• A description of the categories of data subjects and of the information or categories of information relating thereto.

MØLLER Group holds information and records on the following categories of data subjects:

• Employees / personnel of the MØLLER Group;

• Any third party with whom the MØLLER Group conducts business;

• Contractors of the MØLLER Group;

• Suppliers of the MØLLER Group.

(This list of categories of data subjects is non-exhaustive.)

• The recipients or categories of recipients to whom the personal information may be supplied.

Depending on the nature of the personal information, MØLLER Group may supply information or records to the following categories of recipients:

• Statutory oversight bodies, regulators or judicial commissions of enquiry making a request for personal information;

• Any court, administrative or judicial forum, arbitration, statutory commission, or ombudsman making a request for personal information or discovery in terms of the applicable rules;

• South African Revenue Services, or another similar authority;

• Anyone making a successful application for access in terms of PAIA or POPIA; and

• Subject to the provisions of POPIA and other relevant legislation, MØLLER Group may share information about a client’s creditworthiness with any credit bureau or credit providers industry association or other association for an industry in which MØLLER Group operates.

• Planned transborder flows of personal information

• If a data subject visits MØLLER Group’s website from a country other than South Africa, the various communications will necessarily result in the transfer of information across international boundaries.

• MØLLER Group may need to transfer a data subject’s information to service providers in countries outside South Africa, in which case it will fully comply with applicable data protection legislation.

• These countries may not have data-protection laws which are similar to those of South Africa.

• A general description of information security measures to be implemented by MØLLER Group

MØLLER Group takes extensive information security measures to ensure the confidentiality, integrity and availability of personal information in our possession. MØLLER Group takes appropriate technical and organisational measures designed to ensure that personal data remains confidential and secure against unauthorised or unlawful processing and against accidental loss, destruction or damage.

10. INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION

Information is available in terms of certain provisions of the following legislation to the persons or entities specified in such legislation:

• Administration of Estates Act 66 of 1965
• Arbitration Act 42 of 1965
• Basic Conditions of Employment Act 75 of 1997
• Broad Based Black Economic Empowerment Act 53 of 2003 11
• Close Corporations Act 69 of 1984
• Companies Act 71 of 2008
• Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
• Constitution of South Africa Act 108 of 1996
• Criminal Procedure Act 51 of 1977
• Customs and Excise Act 91 of 1964
• Electronic Communications and Transactions Act 25 of 2002
• Employment Equity Act 55 of 1998
• Environment Conservation Act 73 of 1989
• Estate Agency Affairs Act 112 of 1976
• Explosives Act 13 of 1956
• Financial Markets Act 19 of 2012
• Hazardous Substances Act 15 of 1973
• Income Tax Act 58 of 1962
• Insolvency Act No. 24 of 1936
• Labour Relations Act 66 of 1995
• Mine Health and Safety Act 29 of 1996
• National Credit Act 34 of 2005
• National Dust Control Regulations, 2013 under the National Environmental Management: Air Quality Act 39 of 2004
• National Environmental Management Act 107 of 1998
• National Environmental Management: Waste Act 59 of 2008
• National Water Act 36 of 1999
• Occupational Diseases in Mines and Works Act 78 of 1973
• Occupational Health & Safety Act 85 of 1993
• Pension Funds Act 24 of 1956
• Prevention and Combatting of Corrupt Activities Act 12 of 2004
• Prevention of Organised Crime Act 14 of 1998
• Protected Disclosure Act 26 of 2000
• Promotion of Access of Information Act 2 of 2000
• Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
• Protection of Personal Information Act 4 of 2013
• Sarbanes Oxley Act of 2000
• Skills Development Act 97 of 1998
• Skills Development Levies Act 9 of 1999
• Trademarks Act 194 of 1993
• Unemployment Contributions Act 4 of 2002
• Unemployment Insurance Act 63 of 2001
• Value Added Tax Act 89 of 1991

11. CATEGORIES OF RECORDS AVAILABLE UPON REQUEST

• MØLLER Group maintains records on the categories and subject matters listed below. Please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case-by-case basis in accordance with the provisions of PAIA.

Please note further that many of the records held by MØLLER Group are those of third parties, such as clients and employees, and MØLLER Group takes the protection of third-party confidential information very seriously. In particular, where MØLLER Group acts as professional advisors to clients, many of the records held are confidential and others are the property of the client and not of MØLLER Group. For further information on the grounds of refusal of access to a record please see paragraph 12.7.2 below. Requests for access to these records