1. INTRODUCTION
This information manual (“Manual”) is published in terms of Section 14 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”). The PAIA gives effect to the provisions of Section 32 of the Constitution which provides for the right of access to information held by the State or Private Body and to information held by another person that is required for the exercise and/or protection of any right.
The purpose of the PAIA is to foster a culture of transparency and accountability in both the public and private sectors by affording any person the right of access to information to enable them to exercise and protect all of their rights to the full extent required.
This Manual has been prepared in respect of Geely Bronkhorstspruit (hereinafter referred to as the “Company”).
The Company conducts business as an automotive dealership in South Africa. The purpose of this Manual is to set out the procedures to be followed and criteria that have to be met for anyone (“requester”) to request access to records and personal information in the possession or under the control of the Company. In addition, this Manual explains how to access, request a correction or deletion of, or to object to personal information held by the Company, in terms of sections 23 and 24 of the Protection of Personal Information Act, 4 of 2013 (“POPI”).
Any requests made under this Manual shall be made in accordance with the prescribed procedures and at the rates provided.
2. INFORMATION OFFICERS AND CONTACT DETAILS
2.1 In terms of the PAIA, the Chief Executive Officer or equivalent officer of a private body is automatically designated as Chief Information Officer. The Company’s Chief Executive’s details are as follows
Company: Geely Bronkhorstspruit
Office Manager: Information Officer
Postal Address: 43 Church St, Erasmus, Bronkhorstspruit, 1020
Street Address: 43 Church St, Erasmus, Bronkhorstspruit, 1020
Telephone number: 013 932 6400
Email Address: info@geelybronkhorstspruit.co.za
2.2 Requesters are required to address all requests to the relevant Information Officer, at the contact details listed below.
Requests may be directed to:
Company: Geely Bronkhorstspruit
Information Officer: Information Officer
Postal Address: 43 Church St, Erasmus, Bronkhorstspruit, 1020
Street Address: 43 Church St, Erasmus, Bronkhorstspruit, 1020
Telephone number: 013 932 6400
Electronic mail address: info@geelybronkhorstspruit.co.za
3. THE ACT
3.1 PAIA grants a requester access to records of the Company, 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 PAIA shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 7 and 8.
4. SOUTH AFRICAN HUMAN RIGHTS COMMISSION ("SAHRC") GUIDE ON PIAIA AND POPI
A guide to the PAIA and the rights of requesters is available from the SAHRC or from their website: www.sahrc.org.za. Should you have any queries in this regard, please contact the SAHRC directly at:
The South African Human Rights Commission: PAIA Unit
The Research and Documentation Department
Private Bag 2700
Houghton
2041
Telephone: +27 11 484-8300
Fax: +27 11 484-05820
Website: www.sahrc.org.za
E-mail: paia@sahrc.org.za
A guide to POPI can be obtained from and queries can be direct to the Information Regulator, who can be contacted directly at:
33 Hoofd Street Forum III, 3rd Floor Braampark
P.O Box 31533
Braamfontein, Johannesburg, 2017
Website: www.justice.gov.za/inforeg
E-mail: inforeg@justice.gov.za/complaints.IR@justice.gov.za
5. APPLICABLE LEGISLATION
Records are kept in accordance with such other legislation as applicable to the Company, which includes, but is not limited to:
Pension Fund Act 24 of 1956
Broad Bases Black Economic Empowerment Act 53 of 2003
Closed Corporations Act 69 of 1984
Companies Act 71 of 2008
Income Tax Act 58 of 1962
Unemployment Insurance Act 63 of 2001
Value-Added Tax Act 89 of 1991
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Occupational Health and Safety Act 85 of 1993
Labour Relations Act 66 of 1995
Basic Conditions of Employment Act 75 of 1997
Employment Equity Act 55 of 1998
Skills Development Levies Act 9 of 1999
Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002
Long Term Insurance Act 52 of 1998
Tax on Retirement Fund Act 38 of 1996
Financial Services Board Act 97 of 1990
The Friendly Societies Act 25 of 1956
The Financial Institutions (Protection of Funds) Act 28 of 2001
Consumer Protection Act 68 of 2008
Secondhand goods Act 6 of 2009
Copyright Act 98 of 1978
Electronic Communications and Transmission Act 25 of 2002
Financial Advisory and Intermediary Services Act 37 of 2002
Financial Intelligence Centre Act 38 of 2001
Insolvency Act 24 of 1936
National Credit Act 34 of 2005
Promotion of Access to Information Act 2 of 2000
Short Term Insurance Act 53 of 1998
Skills Development Act 97 of 1998
Trade Marks Act 194 of 1993
Unemployement Insurance Contributions Act 4 of 2002
6. SUBJECTS AND CATEGORIES OF RECORDS
In order to facilitate a request for access to Geely Bronkhorstspruit records, the subjects and categories of records held by Geely Bronkhorstspruit are listed below:
6.1 Companies Act Records
Memorandum of incorporation
Minutes of Board of Directors Meetings
Records related to the appointment of directors / auditors / secretary / public officer and other officers
Share Register and other statutory registers
6.2 Financial Records
Annual Financial Statements
Tax Returns
Accounting Records
Bank Statements
Asset Register
Rental Agreements
Invoices
6.3 Income Tax and other Tax Records
PAYE records
Documents issued to employees for income tax purposes
Records of payments made to SARS on behalf of employees
VAT records
Regional Services Levies records
Skills Development Levies records
UIF records
6.4 Information Technology Records
Hardware and software licences
Telephone lines, leased lines and data lines
6.5 Personal Records
Workmen’s Compensation records
Employment contracts
Employment Equity Plan and reports
Medical Aid records
Pension Fund records
Disciplinary records
Salary records
SETA records
Company policies and procedures
Leave records
Training records
6.6 Client Related Records
Records which contain information of Geely Bronkhorstspruit clients, whether natural or justistic, that receive a service from Geely Bronkhorstspruit that have either been provided to Geely Bronkhorstspruit by the client or generated by Geely Bronkhorstspruit in respect of the client.
6.7 Legal Records
Various Legal Agreements including supplier agreements, lease agreements, service level agreements, and brand agreements.
7. SECTION 51 (1) (f) - ADDITIONAL PRESCRIBED INFORMATION
7.1 The following applies to requests (other than personal requests):
7.1.1 A requestor is required to pay the prescribed fees (R35.00) before a request will be processed;
7.1.2 If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);
7.1.3 A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;
7.1.4 Records may be withheld until the fees have been paid.
7.1.5 The fee structure is available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za.
8. REQUEST PROCEDURE
8.1 Form of request
8.1.1 The Requester must use the prescribed form to make the Request for access to a record. This must be made to the head of Geely Bronkhorstspruit. This Request must be made to the address, fax number or electronic mail address as stated above.
8.1.2 The Requester must provide sufficient detail on the Request form to enable the head of Geely Bronkhorstspruit to identify the record and the Requester. The Requester should also indicate which form of access is required. The Requester should also indicate if any other manner is to be used to inform the Requester and state the necessary particulars to be so informed.
8.1.3 The Requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right.
8.1.4 If a Request is made on behalf of another person, the Requester must then submit proof of the capacity in which the Requester is making the request to the satisfaction of the head of Geely Bronkhorstspruit.
8.2 Fees
8.2.1 A Requester who seeks access to a record containing personal information about that Requester is not required to pay the Request fee. Every other Requester, who is not a personal Requester, must pay the required Request fee:
8.2.1.1 The head of Geely Bronkhorstspruit must notify the Requester (other than a personal requester) by notice, requiring the Requester to pay the prescribed fee (if any) before further processing the Request.
8.2.1.2 The Requester may lodge an application to the court against the tender or payment of the Request fee.
8.2.1.3 After the head of Geely Bronkhorstspruit has made a decision on the Request, the Requester must be notified in the required form.
8.2.1.4 If the Request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.
9. AVAILABILITY OF THIS MANUAL
This Manual is available for inspection upon request, during Office Hours and free of charge at Geely Bronkhorstspruit offices. Copies of the Manual are also available from the SAHRC and on the website of Geely Bronkhorstspruit.
10. FORMS
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY