PAYA MANUEL
PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
This manual applies to:
Durbanville Properties PTY(LTD)
Registered Office Address: Queen Street Chambers, 33 Queen Street, Durbanville, 7550
1. Introduction
Durbanville Properties is committed to the observance of and compliance with the directives of the South African Constitution and national legislation which endorse the key principles of good corporate governance, transparency and accountability.
The Promotion of Access to Information Act No. 2 of 2000 (”PAIA”) gives effect to carry out section 32 of the South African Constitution, which focuses on the right to access information i.e. everyone has the right of access to information held by the state or a private body to enforce a culture of transparency and accountability.
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 Durbanville Properties PAIA manual. This manual is compiled in accordance with section 51 of PAIA as amended by the Protection of Personal Information Act, 2013 (”POPIA”). 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.
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.
2. Availability of the Manual
This manual will be updated as required or when the relevant legislation changes. The latest copy of this manual is available on public facing Durbanville Properties http://www.durbanvilleproperties.net. Alternatively, this manual can be requested from the Information Officer.
3. Durbanville Properties Contact Details
All requests for access to records in terms of PAIA must be in writing and must be addressed to: Durbanville Properties, Hugo van Schalkwyk, Queen Street Chambers, 33 Queen Street, Durbanville, 7550.
Telephone: +27 212071400
Website: www.durbanvilleproperties.net
Email: hugo@durbanvilleproperties.net
4. Guide of the South African Human Rights Commission
The South African Human Rights Commission (“SAHRC”) is mandated under PAIA to promote the right of access to information, monitor the implementation of PAIA, make recommendations to strengthen PAIA and to report annually to Parliament. The SAHRC has compiled a guide that contains information which would be reasonably required of any person wishing to exercise any rights set out in the Act. The guide is available in all the official languages and can be viewed at www.sahrc.org.za.
Any enquiries regarding the above guide and its contents should be directed to:
The South African Human Rights Commission
PAIA Unit (the Research and Documentation Department)
Postal address: Private Bag 2700, Houghton, 2041
Telephone: +27 11 4848300
Fax: +27 11 4847146
Website: www.sahrc.org.za
Email: PAIA@sahrc.org.za
5. Information Regulator
Any queries where you believe Durbanville Properties has not adequately dealt with your request, or to lodge a complaint should be directed to:
The Information Regulator (South Africa)
Physical address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Postal address: P.O Box 31533, Braamfontein, Johannesburg, 2017
Website: www.justice.gov.za/inforeg/
Email: inforeg@justice.gov.za
6. Records Available in terms of any Other Legislation
Durbanville Properties keeps information and records in accordance with the following legislation, which includes, but is not limited to the following legislation:
Estate Agency Affairs Act 112 of 1976 (EAAA)
The Constitution of the Republic of South Africa No.3 of 1994;
Companies Act No. 71 of 2008;
Consumer Affairs (Unfair Business Practices Act), 71 of 1988;
Consumer Protection Act No. 68 of 2008;
The ValueAdded Tax Act No. 89 of 1991;
Income Tax Act No. 58 of 1962;
South African Revenue Services Act, 34 of 1997;
Basic Conditions of Employment Act No. 75 of 1997;
Employment Equity Act No. 55 of 1998;
Labour Relations Act No. 66 of 1995;
Promotion of Equality and Prevention of Unfair Discrimination Act No. 4 of 2000;
The Occupational Health and Safety Act No. 85 of 1993;
Skills Development Act No. 97 of 1998;
Unemployment Insurance Contributions Act No. 4 of 2002;
Financial Intelligence Centre Act No. 38 of 2001;
Prevention of Combating of Corrupt Activities Act No. 12 of 2004;
Prevention of Organised Crime Act No. 121 of 1998;
7.Categories of Requestors
The capacity under which a Requestor makes a request for records defines the category in which the Requestor will fall into. There are four categories of Requestors:
7.1. A Data Subject who makes requests about themselves;
7.2. A Representative who makes a request on behalf of the Data Subject(s);
7.3. A Third Party who requests information about a Data Subject; or
7.4. A Public Body who requests information in the public interest.
8. Categories of Records held by Durbanville Properties
This manual sets out a description of the subjects on which Durbanville Properties holds records, and categories of records held on each subject (refer to Appendix B). These include operational records utilised in the day to day running and administration of the business. Access to the listed records /information per Appendix B does not guarantee access requests will be approved / granted.
9. Automatically available information
Information that is obtainable via the Durbanville Properties website is automatically available and need not be formally requested in terms of this manual.
The following categories of records are automatically available for inspection:
9.1. brochures
9.2. press releases
9.3. publication; and
9.4. various other marketing and promotional material.
10. Request Process
POPIA provides that a data subject may, upon proof of identity, request Durbanville Properties to confirm, free of charge, all the information it holds about the data subject and may request access to such information, including information about the identity of third parties who have or have had access to such information. POPIA provides that a data subject may object, at any time, to the processing of personal information by Durbanville Properties, on reasonable grounds relating to his/her particular situation, unless legislation provides for such processing.
A data subject may also request Durbanville Properties to correct or delete personal information about the data subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or destroy or delete a record of personal information about the data subject that Durbanville Properties is no longer authorised to retain in terms of POPIA’s retention and restriction of records provisions.
If a data subject that wishes to:
Submit a data subject access request, complete a data subject access request form.:
object to the processing of their personal information must complete the form ;
request a correction or deletion of personal information or the destruction or deletion of a record of personal information must complete the form and submit it to the Information Officer.
The purpose of this section is to provide directive and guidance on the process to follow when requesting information.
The Requestor should contact Durbanville Properties’ Information Officer to obtain guidance on the process to follow when sending documentation containing personal information. This includes application forms and proof of identification documents.
The prescribed form must be used and completed to make the request for access to a record.
Proof of identification of the Requestor (and related third parties acting on behalf of the Requestor) must be provided on submitting the request form.
The requester must specify the right that they are seeking to protect or that they wish to exercise and provide an explanation as to why the requested records are required for the protection or exercise of that right.
If the request is made on behalf of another person, then proof is required of the capacity in which the requester is making the request.
Proof of identity must be provided in the form of a certified copy of the Requestor’s and/or delegate’s identity document or passport via secure methods provided by the Information Officer in the initial correspondence.
An initial response to a request will take approximately 30 days. The Information Officer may extend the period by an additional 30 days depending on the complexity of the request requirements.
Please note that an application for access to information can be refused in the event that the application does not comply with the requirements of PAIA.
The successful completion and submission of the access request does not automatically allow the Requestor access to the requested records.
If access to a record/information is granted, the Requestor will be notified, and the notification will include the following:
An indication of the access fee that should be paid upon gaining access (if any).
An indication of the form in which the access will be granted.
If access to a record/information is denied, the Requestor will be notified, and will include the following:
Adequate reasons for the refusal.
Process to appeal the refusal.
Should the requester not be satisfied with the decision of the Information Officer, the Requester may apply to court for relief. In terms of PAIA, the said application must be made within 180 days after the decision has been made by the Information Officer.
11. Prescribed Request Fees
Prescribed fees were published by the Minister of Justice and Constitutional Development in the Government Gazette No. 23119, General Notice No. 187 of 15 February 2002.
12. Information available in terms of POPIA In terms of POPIA, personal information must be processed for a specified purpose. The purpose for which data is processed by Durbanville Properties’ 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.
Categories of personal information collected by Durbanville Properties
Durbanville Properties 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 race, 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;
information relating to the education or the medical, financial, criminal or employment history of the person;
any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
the biometric information of 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 purpose of processing personal information
In terms of POPIA, data must be processed for a specified purpose. The purpose for which data is processed 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.
In general, personal information is processed for purposes of clients and suppliers, records management, security, employment and related matters.
Categories of data subjects
Durbanville Properties holds information and records on the following categories of data subjects:
customers;
employees / personnel;
Independent contractors;
suppliers; and
any third party with whom Durbanville Properties conducts business.
Categories of recipients to whom personal information may be supplied
Depending on the nature of the personal information, Durbanville Properties may supply information or records to the following categories of recipients:
statutory oversight bodies, regulators or judicial commissions of enquiry making a request for data;
any court, administrative or judicial forum, arbitration, statutory commission, or ombudsman making a request for data 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, Durbanville Properties 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 Durbanville Properties operates.
Transborder flows of personal information
Durbanville Properties may need to transfer a data subject’s information to service providers in countries outside South Africa, these countries may not have data protection laws which are similar to those of South Africa. Where this is done, Durbanville Properties do so in accordance with applicable laws
13. PAIA Request Form
The application form can be obtained from:
POPIA Data Subject Access Request Form
Data subject access request – Section 23
Regulations relating to the Protection of Personal Information, 2018
Record Categories
Business Information
Documents of Incorporation
Memorandum of Incorporation
Minutes of Board of Directors Meetings Appointment of Directors/Auditors/Secretaries
Public Officer and other Prescribed Officers
Annual Financial Statements
Tax Records (company and individual employees)
Accounting Records
Banking Records Banking Statements
Paid Cheques Electronic Bank Records
Asset Register Rental Agreements Sales Agreements
Invoices General Correspondence
Management Accounts and Records
Financial Transactions s
Banking Records Contracts
Internal Audit Records
Income Tax records
Pay As You Earn (PAYE) Records
Documents Issued to Employees for Income Tax
Payments to SARS on Behalf of Employees
Human Resources
Employment Contracts
Salary Records Disciplinary Records
Leave Records
Training Records and Manuals Identity Documents
Bank and Address Particulars Background Check (criminal records, credit checks)
Safety Organizational Structures Policies and Procedures
Appendix C: POPIA Form 1
FORM 1 OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION SECTION 11(3)
REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018
Request fees:
Where a Requestor submits a request for access to information held by Durbanville Properties relating to a person other than the Requestor, a request fee in the amount of R50.00 is payable upfront. Upon receipt of payment, Durbanville Properties will further process the received request.
If access to a record/s is granted by Durbanville Properties, the Requestor may be required to pay an access fee for the search for, the preparation and for the reproduction of the record/s.
An access fee is payable in all instances where a request for access to information is granted, except in those instances where payment of an access fee is specially excluded in terms of PAIA or an exclusion is determined by the Minister in terms of Section 54 (8). This includes the following:
A single person whose annual income does not exceed R14,712.00; or
Married persons or a person and his/her life partner whose annual income does not exceed R27,192.00
Durbanville Properties, as a registered Private Body, will add VAT to all aforementioned fees in terms of the Value Added Tax (VAT) Act.
A Requestor may lodge a complaint with a court of law against the payment of the request fee.
All payments shall be made in the form of an Electronic Funds Transfer (EFT) to the bank account of Durbanville Properties as set out by the Information Officer.
Durbanville Properties is entitled to withhold a record until the required access fees have been paid. The applicable access fees which will be payable are:
Access Fees for Reproduction
Each photocopy of A4 sized part or a part thereof R1.10
Each photocopy of A4 sized page or part thereof held on a computer or in electronic or machine readable form R0.75
Copy of a computer readable memory stick R7.50
Copy of a computer readable compact disc R70.00
Transcript copy of visual images of an A4 sized page or part thereof R40.00
Copy of visual images R60.00
Transcription of an audio record on an A4 sized page or part thereof R20.00
Copy of the audio record R30.00
Times reasonably spent to locate a record and preparation for the disclosure or part thereof R30.00 per hour
Request Fees
Access to a record containing personal information of the Requestor Free
Any other access to a record as a public body made by a Requestor and another person other than the Requestor R50.00
Postal Fees
Postage of a record to the Requestor R9.75
Courier of a record to the Requestor R99.00
Deposits:
Where Durbanville Properties receives a request for access to information held on a person other than the Requestor himself/herself and the Information Officer upon receipt of the request is of the opinion that the preparation of the required record/s of disclosure will take more than 6 (six) hours, a deposit is payable by the Requestor.
The Requestor may make an application to Court to be exempted from the requirement to pay this deposit.
If a deposit is made and access to the record/s requested is subsequently refused, the deposit will be repaid to the Requestor. The amount of the deposit is equal to a 1/3 (one third) of the amount of the applicable access fee.
