PAIA MANUAL
Manual prepared as provided for under section 51 of the Promotion of Access to Information Act 2 of 2000 (hereinafter the “PAIA”) as well as the Protection of Personal Information Act 4 of 2013 (hereinafter the “POPIA”)
TABLE OF CONTENTS
- Interpretation
- Introduction
- Purpose
- Information and Contact Details
- Guidance on the Access to Information as provided for under section 51(1)(b) of the PAIA and POPIA
- Records held by Bornman Marlow Inc. under section 51(1)(d) and section 51(1)(e) of the PAIA
- Policies on Processing of Personal Information
- Application for access to personal information as provided for under section 51(1)(e) of the PAIA and section …. of the POPIA
- Payment of the Prescribed Fees
- Applicable Time Periods
- Grounds for the Refusal of an Application for Access to Information
- Remedies available in event of Refusal of an Application for Access to Information
- Availability of the Manual
- Updating of the Manual
Annexures:
- Interpretation
In this document, headings are for convenience and shall not be used for interpretational purposes.
1.1 General
1.1.1 Any gender includes all genders;
1.1.2 A natural person includes a juristic or artificial person and vice versa;
1.1.3 The singular includes the plural and vice versa;
1.1.4 Expressions shall bear the meanings assigned to it and cognate expressions bear corresponding meanings;
1.1.5 Any reference to any act, regulation or other legislation shall be a reference to that act, regulation or other legislation as amended from time to time;
1.1.6 Where any specific number of days must be calculated, the calculation shall commence from the first day after that particular day;
1.1.7 Unless specific reference to “business days” is made, reference shall be to calendar days;
1.1.8 Insofar as there is a conflict between the application of this manual and the PAIA or POPIA, the provisions of the PAIA or POPIA shall prevail;
- “this document” includes all of its annexures as amended and updated from time to time;
- “the company” means Bornman Marlow Inc.;
- “PAIA” means the Promotion of Access to Information Act No. 2 of 2000, as amended from time to time including the regulations promulgated in terms of the PAIA;
- “POPIA” means the Protection of Personal Information Act No. 4 of 2013, as amended from time to time including the regulations promulgated in terms of the POPIA;
“POPIA Regulations” means the Regulations Relating to the Protection of Personal Information, 2017;
- “Information Officer” means the designated Information Officer/s as described in this manual, responsible for discharging the duties and responsibilities assigned to the Information Officer as prescribed in terms of PAIA and POPIA; and
- “SAHRC “means the South African Human Rights Commission.
- Introduction
2.1 This manual is published as required under sections 14 and 15 of the PAIA.
2.2 This manual aims to provide a clear understanding to the reader on how to access, object to, or request a correction or deletion of any personal information held by Bornman Marlow Inc. as provided for under sections 23, 24 and 25 of the POPIA and the POPIA Regulations.
- Purpose
The purpose of this manual is:
3.1 to inform data subjects on the types of information collected and processed by Bornman Marlow Inc.;
3.2 to facilitate requests for access to records of Bornman Marlow Inc. as provided for in PAIA; and
3.3 to advise how a data subject may request access to such information.
- Information and contact details
4.1 The Information Officer
Ilse Marlow
Telephone number: +27 (12) 054 5285
Email: ilse@bornmanmarlow.co.za
Physical & Postal Address: Bornman Marlow Inc., 1002 Brooklyn Forum Building, 379 Veale street, Nieuw Muckleneuk, Pretoria, 0001
- Guidance on the access to information as provided for under section 51(1)(b) of the PAIA
5.1 The Information Regulator assumed the functions of the SAHRC from 1 July 2021 and is responsible for PAIA and POPIA queries;
5.2 The Information Regulator published information on the use of the PAIA. This information is available on at https://www.justice.gov.za/inforeg;
5.3 Any information or queries related to this manual, or to PAIA or POPIA should be directed to the:
Information Regulator
Telephone no: (012) 406 4818
Email: inforeg@justice.gov.za
Postal address: P.O. Box 31533, Braamfontein, Johannesburg, 2001
Physical address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001; or
Information Officer
Ilse Marlow
Telephone number: +27 (12) 054 5285
Email: ilse@bornmanmarlow.co.za
Physical & Postal Address: Bornman Marlow Inc., 1002 Brooklyn Forum Building,379 Veale street, Nieuw Muckleneuk, Pretoria, 0001
- Records held by Bornman Marlow Inc. under sections 51(1)(d) and 51(1)(e) of the PAIA
6.1 Bornman Marlow Inc. is required, in accordance with legislation, to keep and maintain the following records, which are listed hereunder for purposes of PAIA:
6.1.1 Attorneys Act 53 of 1979;
6.1.2 Basic Conditions of Employment Act 75 of 1997;
6.1.3 Broad-Based Black Economic Empowerment Act 53 of 2003;
6.1.4 Companies Act 71 of 2008;
6.1.5 Compensation for Occupational Injuries and Diseases Act 130 of 1993;
6.1.6 Electronic Communications and Transaction Act 25 of 2002;
6.1.7 Employment Equity Act 55 of 1998;
6.1.8 Financial Intelligence Centre Act 38 of 2001;
6.1.9 Income Tax Act 58 of 1962;
6.1.10 Income Tax Act 95 of 1967;
6.1.11 Labour Relations Act 66 of 1995;
6.1.12 Legal Practice Act 28 of 2014;
6.1.13 Occupational Health and Safety Act 85 of 1993;
6.1.14 Pension Funds Act 24 of 1956;
6.1.15 Promotion to Access to Information Act 2 of 2000;
6.1.16 Protection to Personal Information Act 4 of 2013;
6.1.17 Regulation of Interception of Communications and Provision of
Communication-Related Information Act 70 of 2002;
6.1.18 Skills Development Levies Act 9 of 1999;
6.1.19 Skills Development Act 9 of 1999;
6.1.20 Unemployment Insurance Act 63 of 2001; and
6.1.21 Value Added Tax Act 89 of 1991.
6.2 In addition to the documents retained by Bornman Marlow Inc. under 6.1 of this Manual, Bornman Marlow Inc. may also hold other types of documents as provided for under section 51(1)(e) of the PAIA, categorised hereunder for ease of reference. These records are not automatically available without a request in terms of PAIA. A request made in terms of PAIA for records in any of the categories below may be refused in accordance with any of the grounds of refusal as set out in PAIA.
Communication
Public Information and Marketing Material
Media Releases
PAIA manual
Statutory Records
Company Incorporation Documents
Share Register
Memorandum of Incorporation
Minutes of Meetings of the Board of Directors
Records relating to the appointment of directors, auditors and other officers
Financial Information
Financial Statements
Bank Statements
Records of receipts and payments
A list of the company’s debtors and creditors
Budgets
Management accounts
Asset registers
Invoices
Salary slips
Banking details (Bornman Marlow Inc., Employees and Clients)
Minutes of meetings
Correspondence
Risk and Compliance
Asset Register
Risk Policies and Procedures
Risk Assessment
Compliance Records
Insurance
Insurance policies
Tax Records (Bornman Marlow Inc. and Employees)
Pay-as-you-earn (PAYE) records
Documents issued to employees for income tax purposes
Records of payments made to South African Revenue Services on behalf of employees
Value Added Tax (VAT) documents
Unemployment Insurance Fund (UIF) documents
Human Resources
Employee Records and Contracts
Employee Guidelines, Policies and Procedures
Labour relations records
Personnel documents and records
Employment contracts
Medical Aid records
Pension Fund records
Disciplinary records
Salary records
Leave records
Training records
Training manuals
Address lists
Internal telephone lists
Operational Information
Director Information
Employee Information
Client Information
Bornman Marlow Inc. Guidelines, Policies and Procedures
General Operational Information
Website Information
Organizational Organogram
News and Publications
Others (Including, but not limited to):
Media releases
Public relations events documents
Advertisements
Secretarial Records
Supplier lists
Equipment inventory
6.3 Borman Marlow Inc. has not published a notice in terms of section 52(2) of the PAIA.
- Policies on Processing of Personal Information
7.1 Bornman Marlow Inc. processes personal information as provided for under Chapter 3 of the POPIA.
7.2 Bornman Marlow Inc. implemented a privacy policy for purposes of processing personal information.
7.3 Bornman Marlow Inc. processes information in the ordinary course of its business to provide legal and related services, including, but not limited to:
7.3.1 providing services requested;
7.3.2 managing commercial relationships with clients;
7.3.3 managing dispute resolution;
7.3.4 creating and managing supplier relationships;
7.3.5 managing contracts, orders, deliveries, invoices and accounting;
7.3.6 sending quotations, estimates and invoices;
7.3.7 general human resource and finance functions including those
obligations imposed by legislation;
7.3.8 recruitment;
7.3.9 procurement processes;
7.3.10 analysis, evaluation, review and collation of information in order to determine legal issues and potential disputes, provide legal advice and prepare or comment on opinions, memoranda, agreements, correspondence, reports, publications, documents relating to legal proceedings and other documents or records; and
7.3.11 to allow for proper functioning of the website which includes, amongst others, proper display of content, interface personalisation and ensuring that the website is safe and secure to protect against misuse.
7.4 The use of personal information is limited to the purpose for which it was collected and will not be used for any other purposes unless such purpose constitutes a legitimate interest and is closely aligned with the primary purpose for which the personal information was collected.
7.5 Bornman Marlow Inc. may disclose personal information to third parties, including third parties outside the borders of the Republic of South Africa for legitimate purposes, subject to professional and regulatory requirements regulating confidentiality and in accordance with the PAIA and POPIA and provided that such third parties only use the personal information so provided to them for the purposes that it was disclosed for.
7.6 Bornman Marlow Inc. takes all reasonable steps to ensure that personal information stored in electronic format is kept secure and protected against unauthorized or unlawful use, processing, alteration and disclosure. Bornman Marlow Inc. regularly reviews security controls and related processes to ensure that personal information is kept securely. If there are any reasonable grounds to believe that the security of personal information storage has been breached, Bornman Marlow Inc. will notify the Information Regulator and the public, unless the Information Regulator of a public body responsible for detection, prevention or investigation of offences informs us that notifying the public will impede a criminal investigation.
7.6 Bornman Marlow Inc. processes personal information categorized hereunder for ease of reference, including but not limited to:
Clients and Potential Clients
Name
Surname
South African identity number or passport number
Date of birth
Age
Marital status
Citizenship
Telephone numbers
Email address
Physical and postal address
Income tax reference number
Financial information
Banking information including account numbers
FICA documentation
Corporate Clients and Potential Corporate Clients
Entity name
Registration number
Tax-related information
Contact details for representatives
Banking information including account numbers
FICA documentation
Directors
Name
Surname
South African identity number or passport number
Date of birth
Age
Marital status
Citizenship
Telephone numbers
Email address
Physical and postal address
Income tax reference number
Financial information
Banking information including account numbers
FICA documentation
Employees, potential employees and new recruitments
Name
Surname
South African identity number or passport number
Date of birth
Age
Marital status
Citizenship
Race
Disability
Health Information
Employment History
Information relating to employee performance
Disciplinary procedures information
Criminal Background checks
CV’s
Education History
Telephone numbers
Email address
Physical and postal address
Income tax reference number
Financial information
Banking information including account numbers
Remuneration information
Pension fund and Provident fund information
FICA documentation
Biometric data
Service providers
Company registration details
Identity numbers
BEE certificates
Tax clearance certificates
Income tax registration information
VAT registration information
Payment information including bank account numbers
Invoices
Contractual agreements
Addresses
Contact details
- Application for access to personal information as provided for under section 51(1)(e) of the PAIA and section 23 of the POPIA
8.1 Any person may apply to the Information Officer for access to Information as provided for in the PAIA or to object to the processing of personal information as provided for in the POPIA.
8.2 An application for a request of a record must be made in writing by completing and submitting the application form (annexure A), together with proof of payment of the prescribed, non-refundable administration fee, to the Information Officer of Bornman Marlow Inc.
8.3 An application to object to the processing of personal information, including a request to correct or delete personal information, must be made in writing, by completing and submitting the prescribed form (annexure B) to the Information Officer of Bornman Marlow Inc.
8.4 The applicant must provide sufficient information to enable the Information Officer to identify the record(s) requested and must clearly indicate which form of access is required, identify the specific right he is seeking to exercise or protect and provide an explanation for requesting access to the relevant records to exercise or protect such right.
8.5 If the applicant is making application for access to personal information or records on behalf of another person, the applicant must submit, together with the application for access to personal information or records, proof of the capacity in which the applicant is making the application, to the reasonable satisfaction of the Information Officer.
8.6 Upon receipt of the application, the Information Officer will consider the request and if approved, provide the applicant with a summary of fees payable in respect of the application.
8.7 Payment of the Prescribed Fees
8.7.1 A summary of fees payable when the application for the request to access of personal information or records has successfully been made, shall be calculated by Bornman Marlow Inc., considering the time and costs to make search of and prepare the personal information or records for reproduction, the reproduction costs and postal costs.
8.7.2 Upon receipt of a request made by any third party other than a personal request, the Information Officer shall, by notice to the third-party request payment of the prescribed request fee or fee calculated in as provided for in 8.7.1, before further processing of the request.
8.7.3 Any person whose request for access to information has been granted and has paid the prescribed fee, must pay any additional fees for the search, reproduction and preparation of the requested documents, and a fee calculated for any time reasonable required in excess of the prescribed hours for the preparation of the requested record in the requested form.
8.7.4 Bornman Marlow Inc. may withhold a record until such fees due and payable as provided for in 8.7.3 has been made.
8.7.5 A data subject, as provided for under the POPIA has the right to request, free of charge,
8.7.5.1 confirmation from Bornman Marlow Inc., on whether Bornman Marlow Inc. holds any personal information about the data subject;
8.7.5.2 a record or description of any personal information held by Bornman Marlow Inc.; and
8.7.5.3 a record of the identity of any third party who may have or had access to such information.
8.8 Applicable Time Periods
8.8.1 Upon receipt of the proof of payment of the prescribed fee on making a request for access to information, the Information Officer will, within a period of 30 (thirty) days after receipt of the application and proof of payment of the prescribed fee, inform the person making the request of its decision to grant the request or not, as the case may be and the requested information will be supplied to the applicant within a reasonable time thereafter.
8.8.2 The 30 (thirty) day period may be extended for a further period of 30 (thirty) days if the request for access demands a search through a large number of records and/or the access is for a large number of records and/or the records are stored at location other than the premises of the Bornman Marlow Inc. and compliance with the original 30 (thirty) day period would unreasonably interfere with the general activities of Bornman Marlow Inc. and/or would not allow for enough time to comply with the request.
8.8.3 The requested information will be supplied to the applicant within a reasonable time thereafter.
8.9 Grounds for the Refusal of the Application for Access to Information
8.9.1 In the event of the application for information being denied, the Information Officer will inform the applicant of such denial and provide the applicant with reasons for such decision, with reference to the relevant provision of the PAIA relied upon.
8.9.2 Grounds for refusal of a request to access records are dealt with under sections 62 to 69 of the PAIA and includes:
8.9.2.1 the protection of the privacy to a third party who is a natural person;
8.9.2.2 the protection of the commercial information of a third party;
8.9.2.3 the protection of certain confidential information of a third party;
8.9.2.4 the protection of the safety of individuals and the protection of property;
8.9.2.5 the protection of records privileged from production and legal proceedings;
8.9.2.6 the protection of the commercial information and activities of Bornman Marlow Inc.;
8.9.2.7 the protection of research of a third party; and
8.9.2.8 any other grounds legally available on which to refuse access to the information requested.
8.9.3 Despite any of the provisions of the PAIA, a request for access to information shall be granted if the disclosure thereof would reveal evidence of substantial contravention of, or failure to comply with the law, or any imminent or serious threat or risk to public safety or the environment, provided that the public interest in the disclosure of the record or records clearly outweighs the harm contemplated under provisions 70 of the PAIA.
8.10 Remedies available in the event of a Refusal of the Application for Access to Information
If the requester is dissatisfied with the decision of the Information Office to refuse access to the requested information, the person requesting access to the records may, within 30 (thirty) days after receipt of the notification of such a refusal, make application to a Court for the appropriate relief.
- Availability of this manual
9.1 This manual is available in electronic format, in English, on the Bornman Marlow Inc. website www.bornmanmarlow.co.za.
9.2 Hard copies of the manual are available in English at the offices of Bornman Marlow Inc.
- Updating of this manual
10.1 This manual will be updated, when necessary, on a periodic basis.
