Promotion of Access to Information Act (PAIA)

(Registration Number: 2008/138542/23)

Manual in terms of Section 51 of the Promotion of Access to Information Act, 2 of 2000

Date of Compilation: 16 January 2012 Date of Revision: 1 December 2021

1. Contact particulars

2. Introduction

3. Guide in terms of Section 10 of The Act

4. Facilitation of a request for access to information

5. Information available in terms of other applicable legislation

6. Information automatically available

7. Information available in terms of The Act – on request

8. General

9. Requesting procedures

10. Prescribed fees

11. Protection of personal information processed

12. Availability of the manual

PROMOTION OF ACCESS TO INFORMATION ACT, 2 OF 2000 (THE ACT)

1. CONTACT PARTICULARS

2. INTRODUCTION

Intellectual Property

3. GUIDE IN TERMS OF SECTION 10 OF THE ACT

3.1 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 the public interest.

3.2 Requests in terms of The Act shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in Sections 53 and 54 of The Act.

3.3 Requesters are referred to the Guide in terms of Section 10 which has been compiled by the South African Human Rights Commission, which contains information for the purposes of exercising Constitutional Rights.

4. FACILITATION OF A REQUEST FOR ACCESS TO INFORMATION

Information which is not readily available as indicated in this manual, may be requested in accordance with the procedure prescribed in terms of The Act. Copies of the prescribed forms to be completed for submitting a request, are available from ZAIGER SA CC.

5. INFORMATION AVAILABLE IN TERMS OF OTHER APPLICABLE LEGISLATION

• Basic Conditions of Employment Act 75 of 1997

• Businesses Act, 71 of 1991

• Companies Act 71 of 2008

• Consumer Protection Act 68 of 2008

• Customs and Excise Act 91 of 1964

• Electronic Communications and Transactions Act, 25 of 2002

• Employment Equity Act 55 of 1998

• Income Tax Act 58 of 1962

• National Minimum Wage Act, 9 of 2018

• Promotion of Access to Information Act 2 of 2000

• Protection of Personal Information Act 4 of 2013

• Tax Administration Act 28 of 2011

• Unemployment Contributions Act 4 of 2002

• Value Added Tax Act 89 of 1991

6. INFORMATION AUTOMATICALLY AVAILABLE

• Details as disclosed on www.zaigersa.co.za

7. INFORMATION AVAILABLE IN TERMS OF THE ACT – ON REQUEST

Statutory Business Records

• Certificate of Incorporation

• Index of Members

• Memorandum of Incorporation

• Minutes of Shareholders Meetings

• Minutes of Directors Meetings

• Other Minute Books

• Resolutions

• Members Register

• Founding Statements and Amendments

• Minute Books

• Resolutions Passed at Meetings

Accounting Records

• Annual financial statements and working papers

• General ledger

• Subsidiary ledgers (receivables, payables, etc.)

• Bank statements, cheque books, cheques

• Customer and supplier statements and invoices

• Cash books and petty cash books

• Fixed asset register

• Tax returns and assessments

• VAT returns

• Lease or instalment sale agreements

• Insurance records

• Investment records

Fixed Property

• Building plans

• Leases

• Mortgage bonds or other encumbrances

• Title deeds

Information Technology

• Agreements

• Internet

• Telephone lines, leased lines and data lines

Insurance

• Claim records

• Insurance policies

Intellectual Property

• Agreements relating to intellectual property

Legal, Agreements and Contracts

• Acquisition or disposal documentation

• Agreements with contractors, suppliers and clients

• Agreements with customers

• Agreements with shareholders, officers or directors

• Contracts, including lease agreements and finance agreements

Personnel Records

• Letters of appointment

8. General

Not applicable

9. REQUESTING PROCEDURES

A person who wants access to the records of ZAIGER SA CC must complete the necessary request forms which are available at the offices of ZAIGER SA CC or which can be accessed on www.justice.gov.za/inforeg. The completed request forms must be sent to the address or fax number provided in this manual and must be marked for the attention of the Information Officer if submitted to the offices of ZAIGER SA CC.

Please provide sufficient details to enable the company to identify:

a. the record(s) requested

b. the requester (and if an agent is lodging the request, proof of capacity)

c. the form of access required

d. the postal address or fax number of the requester in the Republic

e. if the requester wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof

f. the right which the requester is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right.

10. PRESCRIBED FEES

• A requestor may be required to pay a prescribed fee before a request will be processed;

• If the preparation of the record requested requires more than the prescribed hours (six), a deposit may be payable;

• A requestor may lodge an application with a court against the tender/payment of the requested fee and/or deposit, should a fee be applicable;

• Records may be withheld until the fees have been paid, should a fee be applicable; and

• The South African Human Rights Commission has handed over all PAIA related matters to the Information Regulator of South Africa with effect from 1 July 2021.

More details are expected to be made available on https://www.justice.gov.za/inforeg/. Any enquiries can be submitted via inforeg@justice.gov.za.

11. PROTECTION OF PERSONAL INFORMATION PROCESSED

ZAIGER SA CC is committed to protecting the privacy of the personal information of our data subjects. The information you share with us as a data subject allows us to provide you with the best experience with regards to our products and services, or as a stakeholder.

ZAIGER SA CC has dedicated policies and procedures in place to protect all personal information collected and processed by us. Please read below for more information on how we collect, process, use and disclose personal information.

11.1 The purpose of processing of personal information

We process personal information for various reasons, including but not limited to the following:

• To manage information, products and/or services requested by data subjects

• To help us identify data subjects when they contact us

• To maintain clients records

• General administration

• Financial and tax purposes

11.2 Data subject categories and personal information processed

Customers

– E-mail address

– Telephone number

Employees

– Age

– Disability

– Education history

– E-mail address

– Employment history

– ID number

– Language and birth of the person

– Marital status

– Pregnancy

– Race

– Sex

– Telephone number

Prospective employee

– Age

– Disability

– Education history

– E-mail address

– Employment history

– ID number

– Language and birth of the person

– Marital status

– Pregnancy

– Race

– Sex

– Telephone number

Suppliers

– E-mail address

– Telephone number

11.3 Recipients with whom personal information are shared

In processing your personal information, we may share it within our group of companies or with other third parties. These include but are not limited to:

• Statutory authorities

• Tax authorities

• Service providers

11.4 Security measures implemented to protect personal information

We have identified our security risks over the personal information we process in line with the Protection of Personal Information Act, and we have implemented various security measures to ensure reasonable protection against the risk of loss, misuse, unauthorised access and disclosure, alteration and destruction of the personal information.

We also take steps to ensure that operators that process personal information on behalf of company name apply adequate safeguards as outlined above.

11.5 Trans-border flows of personal information

We may transfer to, and store personal information we collect about you, in countries other than South Africa, if the relevant business transactions or situation requires trans-border processing. These countries may not have the same data protection laws as South Africa, and in this instance, we will only transfer the information if we have consent from you, or it is necessary for the performance or conclusion of a contract between us.

11.6 Personal information received from third parties

When we receive personal information from a third party on behalf of a data subject, we require confirmation that they have written consent from the data subject that they are aware of the contents of this PAIA manual and the Privacy Policy, and do not have any objection to our processing their information in accordance with this policy.

Where information on third parties is provided by a data subject, or a third party provides information on a data subject, that information may be taken into account with other personal information.

11.7 Data Breaches

Where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by any unauthorised person, ZAIGER SA CC shall notify:

a) the Regulator; and

b) the data subject, unless the identity of such data subject cannot be established.

The notification will be made as soon as reasonably possible after the discovery of the compromise, taking into account the legitimate needs of law enforcement or any measures reasonably necessary to determine the scope of the compromise and to restore the integrity of the responsible party’s information system.

12. AVAILABILITY OF THE MANUAL

Copies of the manual are available for inspection, free of charge, at the offices of ZAIGER SA.