PAIA MANUAL of VILLA CROP PROTECTION (PTY) LTD
MANUAL IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 (“PAIA”)
AS AMENDED BY THE PROTECTION OF PERSONAL INFORMATION ACT, 4 OF 2013 (“POPIA”) OF
VILLA CROP PROTECTION (PTY) LTD
(Registration Number: 1992/002474/07)
(“VILLA CROP PROTECTION”)
Date of Compilation: 1 September 2023
Date of Revision:
Revision:
INDEX
1. AN INTRODUCTION TO PAIA………………………………………………………………………………
4 2. OUR PAIA MANUAL……………………………………………………………………………………………
4 3. WHO ARE WE – ABOUT US AND OUR BUSINESS…………………………………………………
5 5. OUR BOARD OF DIRECTORS …………………………………………………………………………….
5 6. OUR CONTACT DETAILS……………………………………………………………………………………
5 7. DETAILS OF OUR INFORMATION OFFICER…………………………………………………………
5 8. PAIA GUIDE ………………………………………………………………………………………………………
6 9. INFORMATION THAT IS AUTOMATICALLY AVAILABLE…………………………………………
7 10. RECORDS KEPT IN TERMS OF THE OTHER LEGISLATION ………………………………..
7 11. A DESCRIPTION OF SUBJECTS & CATEGORIES OF RECORDS………………………..
12 12. INFORMATION RELATED TO POPIA………………………………………………………………..
14 13. REQUEST PROCEDURE…………………………………………………………………………………
17 14. OBJECTION …………………………………………………………………………………………………..
17 15. CORRECTION………………………………………………………………………………………………..
18 16. PROOF OF IDENTITY……………………………………………………………………………………..
18 17. TIMELINES FOR CONSIDERATION OF A REQUEST FOR ACCESS…………………….
18 18. GROUNDS FOR REFUSAL OF ACCESS AND PROTECTION OF INFORMATION ….
18 19. REMEDIES AVAILABLE TO A REQUESTER ON REFUSAL OF ACCESS………………
1. AN INTRODUCTION TO PAIA
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.
PAIA sets out the requisite procedural issues attached to information requests, including the obligation to compile a PAIA Manual.
Section 51 of PAIA obliges private bodies to compile a manual to enable a person to obtain access to information held by such body and stipulates the minimum requirements that the manual has to comply with.
Where a person is desirous of obtaining information from a private body, in terms of PAIA such request must be made in the format as prescribed and described under the private body’s PAIA Manual, and following receipt of the request, such 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.
2. OUR PAIA MANUAL
This Manual constitutes VILLA CROP PROTECTION’s 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 and largely commenced on 1 July 2020. 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.
For purposes of this Manual, we refer to ourselves as “VILLA CROP PROTECTION”, “we”,” us” or “our”.
We have compiled this Manual to inform you of, and guide you through, the procedural and other requirements with which a PAIA request must comply.
3. WHO ARE WE – ABOUT US AND OUR BUSINESS
We are a private body actively involved in the provision of advice, training and stewardship aiming to provide an integrated approach to crop production which includes plant nutrition, crop protection, biologicals, various practices, technical support and more.
If you would like to find out more about us, including our main business activities, our company profile is available on our website, www.villacrop.co.za/.
4. COMPANY
VILLA CROP PROTECTION (PTY) LTD is a private limited liability company duly registered under the Registration Number 1992/002474/07.
5. BOARD OF DIRECTORS
The Management Committee may change from time to time.
6. OUR CONTACT DETAILS
Our general contact details are as follows:
Postal Address: PO Box 801, Kempton Park, 1620
Street Address: 65 Botes Road, Glen Marais, Kempton Park, Gauteng
Telephone contact number: +27 11 396 2233
7. DETAILS OF OUR INFORMATION OFFICER
The details of our Information Officer are as follows:
Information Officer:
Name Anso Moolman
Address 65 Botes Road, Glen Marais, Kempton Park, Gauteng
Telephone number +27 11 396 2233
Email [email protected] / [email protected] Information Regulator reference number 0018616/2023-2024/IRRTT/PR
Correspondence:
For the attention of the Information Officer
Phone number for PAIA / POPIA requests: +27 11 396 2233
Email address for PAIA / POPIA requests: [email protected] / [email protected]
8. PAIA GUIDE
In order to assist those who are not familiar with PAIA or POPIA, a Guide that contains information to assist you in understanding how to exercise your rights under PAIA (“the Guide”) is available in all the South African official languages.
If you have any queries, or need a copy of the Guide, please contact the Information Regulator directly at:
The Information Regulator (South Africa)
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
P.O Box 31533, Braamfontein, Johannesburg, 2017
Complaints email: [email protected]
General enquiries email: [email protected]
Members of the public can inspect or make copies of the Guide from the offices of public and private bodies, including the office of the Regulator, during normal working hours.
The Guide can also be obtained-
▪ upon request to the Information Officer;
▪ from the website of the Regulator (https://www.justice.gov.za/inforeg/).
A copy of the Guide is also available in the following two official languages, for public inspection at our registered offices and main place of business during normal office hours –
▪ Afrikaans
▪ English
9. INFORMATION THAT IS AUTOMATICALLY AVAILABLE WITHOUT A PAIA REQUEST
The information available on our website, may be automatically accessed by you without having to go through the formal PAIA request process.
10. RECORDS KEPT IN TERMS OF THE OTHER LEGISLATION
VILLA CROP PROTECTION is subject to many laws and regulations, some of which require us to keep certain records.
These laws are detailed below:
RECORDS KEPT IN TERMS OF THE OTHER LEGISLATION
• Administrative Adjudication of Road Traffic Offences Act 46 of 1998 (Transport) • Agricultural Debt Management Act 45 of 2001 (Farming)
• Airports Company Act 44 of 1993 (Transport)
• Alienation of Land Act 68 of 1981 (Contract and Delict)
• Appeals Amendment Act 105 of 1982 (Procedural Law)
• Apportionment of Damages Act 34 of 1956 (Contract and Delict)
• Arbitration Act 42 of 1965 (Procedural Law)
• Architectural Profession Act 44 of 2000 (Professions)
• Associated Institutions Pension Fund Act 41 of 1963 (Welfare and Pensions) • Associated Institutions Provident Fund Act 11 of 1971 (Welfare and Pensions) • Atmospheric Pollution Prevention Act45 of 1965 (Environment and Conservation) • Attorneys Act 53 of 1979 (Professions)
• Auditing Profession Act 26 of 2005 (Professions)
• Banking Institutions Act 25 of 1946 (Financial Institutions and Insurance) • Banks Act 94 of 1990 (Financial Institutions and Insurance)
• Basic Conditions of Employment Act 75 of 1997 (Labour)
• Bills of Exchange Act 34 of 1964 (Commercial Law)
• Broad-Based Black Economic Empowerment Act 53 of 2003 (Constitutional Law) • Broadcasting Act 4 of 1999 (Communication)
• Business Names Act 27 of 1960 (Commercial Law0
• Carriage of Goods by Sea Act 1 of 1986 (Shipping)
• Central Energy Fund Act 38 of 1977 (Energy)
• Civil Aviation Act 13 of 2009 (Transport)
• Civil Aviation Offences Act 10 of 1972 (Transport)
• Close Corporations Act 69 of 1984 (Corporate Law)
• Co-operatives Act 91 of 1981 (Corporate Law)
• Co-operative Banks Act 40 of 2007 (Corporate Law)
• Commission on Gender Equality Act 39 of 1996 (Constitutional Law) • Communal Land Rights Act 11 of 2004 (Land)
• Companies Act 61 of 1973 (Corporate Law)
• Companies Act 71 of 2008 (Corporate Law)
• Compensation for Occupational Injuries and Diseases Act 130 of 1993 (Labour) • Competition Act 89 of 1998 (Commercial Law)
• Constitution of the Republic of South Africa 108 of 1996 (Constitutional Law) • Consumer Affairs (Unfair Business Practices) Act 71 of 1988 (Commercial Law) • Consumer Protection Act 68 of 2008 (Commercial Law)
• Convention on Agency in the International Sale of Goods Act 4 of 1986 (Commercial Law) • Conventional Penalties Act 15 of 1962 (Contract and Delict)
• Copyright Act 98 of 1978 (Commercial Law)
• Convention on Agency in the International Sale of Goods Act 4 of 1986 (Commercial Law) • Corporate Amendment Act 24 of 2006 and Directors Liability
• Corruption Act 94 of 1992 (Criminal Law)
• Council for Medical Schemes Levies Act 58 of 2000 (Health)
• Council for the Built Environment Act 43 of 2000 (Professions)
• Credit Agreements Act 75 of 1980 (Contract and Delict)
• Criminal Procedure Act 51 of 1977 (Procedural Law)
• Cross-Border Insolvency Act 42 of 2000 (Estates)
• Cross-Border Road Transport Act 4 of 1998 (Transport)
• Customs and Excise Act 91 of 1964 (Revenue)
• Debt Collectors Act 114 of 1998 (Legal Administration)
• Deeds Registries Act 47 of 1937 (Legal Administration)
• Designs Act 195 of 1993 (Commercial Law)
• Dumping at Sea Control Act 73 of 1980 (Environment and Conservation) • Electricity Act 41 of 1987 (Energy)
• Electronic Communications Act 36 of 2005 (Communication)
• Electronic Communications and Transactions Act 25 of 2002 (Communications) • Employment Equity Act 55 of 1998 (Labour)
• Engineering Profession Act 46 of 2000 (Professions)
• Environment Conservation Act 73 of 1989 (Environment and Conservation) • Finance Act 42 of 2008 (Finance)
• Financial Services Ombud Schemes Act 37 of 2004 (Financial Institutions and Insurance) • Formalities in respect of Leases of Land Act 18 of 1969 (Contract and Delict) • Gas Act 48 of 2001 (Energy)
• Gas Regulator Levies Act 75 of 2002 (Energy)
• General Pensions Act 29 of 1979 (Welfare and Pensions)
• Hazardous Substances Act 15 of 1973 (Health)
• Health Act 63 of 1977 (Health)
• Identification Act 68 of 1997 (Citizenship)
• Immigration Act 13 of 2002 (Citizenship)
• Immovable Property (Removal or Modification of Restrictions) Act 4 of 1965 (Estates) • Import and Export Control Act 45 of 1963 (Commercial Law)
• Income Tax Act 58 of 1962 (Income Tax)
• Insolvency Act 24 of 1936 (Estates)
• Labour Relations Act 66 of 1995 (Labour)
• Liquor Act 59 of 2003 (Liquor)
• Liquor Products Act 60 of 1989 (Liquor)
• Long-term Insurance Act 52 of 1998 (Financial Institutions and Insurance) • Measurement Units and Measurement Standards Act 18 of 2006 (Science) • Medical Schemes Act 131 of 1998 (Health)
• Mental Health Care Act 17 of 2002 (Health)
• Merchandise Marks Act 17 of 1941 (Commercial Law)
• National Building Regulations and Building Standards Act 49 of 1995 (Legal Administration) • National Credit Act 34 of 2005 (Contract and Delict)
• National Energy Act 34 of 2008 (Energy)
• National Energy Regulator Act 40 of 2004 (Energy)
• National Environmental Management: Air Quality Act 39 of 2004 (Environment and Conservation)
• National Health Act 61 of 2003 (Health)
• National Roads Act 54 of 1971 (Transport)
• National Road Safety Act 9 of 1972 (Transport)
• National Road Traffic Act 93 of 1996 (Transport)
• National Water Act 36 of 1998 (Resources)
• Occupational Health and Safety Act 85 of 1993 (Labour)
• Patents Act 57 of 1978 (Commercial Law)
• Pension Funds Act 24 of 1956 (Welfare and Pensions)
• Physical Planning Act 88 of 1967 (Environment and Conservation)
• Private Security Industry Regulation Act 56 of 2001 (Professions)
• Promotion of Access to Information Act 2 of 2000 (Constitutional Law)
• Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (Constitutional Law) • Protection of Businesses Act 99 of 1978 (Commercial Law)
• Public Accountants and Auditors Act 80 of 1991 (Professions)
• Regulation of Interception of Communication and Provision of Communications- Related Information Act 70 of 2002 (Communication)
• Road Accident Fund Act 56 of 1996 (Financial Institutions and Insurance) • Road Traffic Act 29 of 1989 (Transport)
• Short-term Insurance Act 53 of 1998 (Financial Institutions and Insurance) • Skills Development Act 97 of 1998 (Labour)
• Skills Development Amendment Act 37 of 2008 (Labour)
• Skills Development Levies Act 9 of 1999 (Labour)
• Standards Act 8 of 2008 (Science)
• Temporary Employees Pension Fund Act 75 of 1979 (Welfare Pensions)
• The South African National Roads Agency Limited and Roads Act 7 of 1998 (Transport) • Tobacco Products Control Act 83 of 1993 (Health)
• Town and Regional Planners Act 19 of 1984 (Professions)
• Transfer Duty Act 40 of 1949 (Revenue)
• Unemployment Insurance Act 63 of 2001 (Labour)
• Unemployment Insurance Contributions Act 4 of 2002 (Labour)
• Value-Added Tax Act 89 of 1991 (Revenue)
• Water Services Act 108 of 1997 (Resources)
This list is not exhaustive.
11. A DESCRIPTION OF SUBJECTS WE HOLD RECORDS ON AND CATEGORIES OF RECORDS
Described below are the records which we hold, divided into categories for ease of reference: Companies Act Records
• Documents of Incorporation;
• Memorandum of Incorporation;
• Minutes of Board of Directors meetings and General Meetings;
• Written Resolutions;
• Records relating to the appointment of directors / auditors / company secretary / public officer and other officers;
• Share Register and other Statutory Registers; and
• Other Statutory Records.
Financial Records
• Annual Financial Statements;
• Tax Returns;
• Accounting Records;
• Banking Records;
• Bank Statements;
• Paid Cheques;
• Electronic Banking Records;
• Asset Register;
• Rental Agreements; and
• Invoices.
Income Tax Records
• PAYE Records;
• Documents issued to employees for income tax purposes;
• Records of payments made to SARS on behalf of employees;
• All other statutory compliances;
• VAT;
• Regional Services Levies;
• Skills Development Levies;
• UIF; and
• Workmen’s Compensation.
Personnel Documents and Records
• Employment contracts;
• Employment policies and procedures;
• Employment Equity Plan;
• Medical Aid records;
• Pension Fund records;
• Internal evaluations and disciplinary records;
• Salary records;
• Disciplinary codes;
• Leave records;
• Training records and manuals;
• Operating manuals;
• Personal records provided by personnel;
• Other statutory records; and
• Related correspondence.
12. INFORMATION RELATED TO POPIA
Introduction
POPIA requires us to provide you with certain information relating to how personal information that we process is, amongst others, used, disclosed and destroyed.
We have set out the required information below.
Information on how you can request your personal information under POPIA
Requests for personal information under POPIA must be made in accordance with the provisions of PAIA. This process is outlined in paragraph 13 below.
If we provide you with your personal information, you have the right to request the correction, deletion or destruction of your personal information, in the prescribed form. You may also object to the processing of your personal information in the prescribed form.
We have attached the prescribed forms to this Manual for your convenience.
We will give you a written estimate of the fee for providing you with your personal information, before providing you with the services. We may also require you to provide us with a deposit for all or part of the fee prior to giving you the requested personal information.
Purpose of processing
POPIA provides that personal information may only be processed lawfully and in a reasonable manner that does not infringe your (the data subject’s) privacy.
The type of personal information that we process will depend on the purpose for which it is collected. We will disclose to you why the personal information is being collected and will process the personal information for that purpose only.
Personal information that is processed; category of data subject; and category of personal information
The information provided under this section refers to broad categories of information. This list is not exhaustive.
Clients – Natural persons: names; contact details; physical and postal addresses; date of birth; ID number; tax related information; nationality; gender; confidential correspondence.
Clients – Juristic persons / entities: names of contact persons; name of legal entity; physical and postal address and contact details; financial information; registration number; founding documents; tax related information; authorised signatories; beneficiaries; ultimate beneficial owners.
Clients – Foreign persons / entities: names; contact details; physical and postal; financial information; addresses; date of birth; passport number; tax related information; nationality; gender; confidential correspondence; registration number; founding documents; tax related information; authorised signatories, beneficiaries, ultimate beneficial owners
Contracted Service Providers: Names of contact persons; name of legal entity; physical and postal address and contact details; financial information; registration number; founding documents; tax related information; authorised signatories, beneficiaries, ultimate beneficial owners
Intermediary / Advisor: Names of contact persons; name of legal entity; physical and postal address and contact details; financial information; registration number; founding documents; tax related information; authorised signatories, beneficiaries, ultimate beneficial owners
Employees / Directors / Potential Personnel / Shareholders / Volunteers / Employees’ family members / Temporary Staff: gender, pregnancy; marital status; race, age, language, education information; financial information; employment history; ID number; next of kin; children’s name, gender, age, school, grades; physical and postal address; contact details; opinions, criminal behaviour and/or criminal records; well-being; trade union membership; external commercial interests; medical information.
Website end-users / Application end-users: names, electronic identification data: IP address; log-in data, cookies, electronic localization data; cell phone details, GPS data.
Categories of recipients for purposes of processing personal information
We may supply personal Information to these potential recipients:
• Management;
• Employees;
• Temporary Staff;
• Sub-contracted Operators; and
• Other recipients in international organisation.
We may disclose personal information we collected to any of our overseas subsidiaries, associate entities or third-party service providers, with whom we engage in business or whose services or products we elect to use, including cloud services hosted in international jurisdictions.
We endeavour to enter into written agreements to ensure that other parties comply with our confidentiality and privacy requirements. Personal information may also be disclosed where we have a legal duty or a legal right to do so.
Actual or planned trans-border flows of personal information
We may disclose personal information we collected to our shareholders, any of our overseas subsidiaries, associate entities or third-party service providers, with whom we engage in business or whose services or products we elect to use, including cloud services hosted in international jurisdictions.
We endeavour to enter into written agreements to ensure that other parties comply with our confidentiality and privacy requirements. Personal information may also be disclosed where we have a legal duty or a legal right to do so.
General description of information security measures
VILLA CROP PROTECTION employs appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of personal information and unlawful access to or processing of personal information. These measures include:
• Firewalls;
• Virus protection software and update protocols;
• Logical and physical access control;
• Secure setup of hardware and software making up our information technology infrastructure; and
• Outsourced service providers who are contracted to implement security controls.
13. REQUEST PROCEDURE
Completion of the prescribed form
Any request for access to a record from a public body in terms of PAIA must substantially correspond with the form attached hereto marked Appendix A – FORM 2 – Request for access to record of private body (Section 53(1) of PAIA).
A request for access to information which does not comply with the formalities as prescribed by PAIA will be returned to you.
Payment of the prescribed fees
A Fee may be payable, depending on the type of information requested, as described under Appendix B – Fees in respect of private bodies.
There are two categories of fees which are payable:
• The request fee: R140
• The access fee: This is calculated by taking into account reproduction costs, search and preparation costs, as well as postal costs.
Section 54 of PAIA entitles VILLA CROP PROTECTION to levy a charge or to request a fee to enable it to recover the cost of processing a request and providing access to records. The fees that may be charged are set out in Regulation 9(2)(c) promulgated under PAIA.
Where a decision to grant a request has been taken, the record will not be disclosed until the necessary fees have been paid in full.
POPIA provides that a data subject may, upon proof of identity, request VILLA CROP PROTECTION 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 also provides that where the data subject is required to pay a fee for services provided to him/her, VILLA CROP PROTECTION must provide the data subject with a written estimate of the payable amount before providing the service and may require that the data subject pays a deposit for all or part of the fee.
14. OBJECTION
POPIA provides that a data subject may object, at any time, to the processing of personal information by VILLA CROP PROTECTION, on reasonable grounds relating to his/her particular situation, unless
legislation provides for such processing. The data subject must complete the prescribed form attached hereto as Appendix C – FORM 1 – Objection to the processing of personal information in terms of section 11(3) of POPIA Regulations relating to the protection of personal information, 2018 and submit it to the Information Officer at the postal or physical address, facsimile number or electronic mail address set out above.
15. CORRECTION
A data subject may also request VILLA CROP PROTECTION 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 VILLA CROP PROTECTION is no longer authorised to retain records in terms of POPIA’s retention and restriction of records provisions.
A data subject that wishes to request a correction or deletion of personal information or the destruction or deletion of a record of personal information must submit a request to the Information Officer at the postal or physical address, facsimile number or electronic mail address set out above on the form attached hereto as Appendix D – FORM 2 – Request for correction or deletion of personal information or destroying or deletion of record of personal information in terms of section 24(1) of POPIA’s Regulations relating to the protection of personal information, 2018.
16. PROOF OF IDENTITY
Proof of identity is required to authenticate your identity and the request. You will, in addition to this prescribed form, be required to submit acceptable proof of identity such as a certified copy of your identity document or other legal forms of identity.
17. TIMELINES FOR CONSIDERATION OF A REQUEST FOR ACCESS
Requests will be processed within 30 (thirty) days, unless the request contains considerations that are of such a nature that an extension of the time limit is needed.
Should an extension be required, you will be notified, together with reasons explaining why the extension is necessary.
18. GROUNDS FOR REFUSAL OF ACCESS AND PROTECTION OF INFORMATION
There are various grounds upon which a request for access to a record may be refused. These grounds include:
• the protection of personal information of a third person (who is a natural person) from unreasonable disclosure;
• the protection of commercial information of a third party (for example: trade secrets; financial, commercial, scientific or technical information that may harm the commercial or financial interests of a third party);
• if disclosure would result in the breach of a duty of confidence owed to a third party;
• if disclosure would jeopardise the safety of an individual or prejudice or impair certain property rights of a third person;
• if the record was produced during legal proceedings, unless that legal privilege has been waived;
• if the record contains trade secrets, financial or sensitive information or any information that would put VILLA CROP PROTECTION at a disadvantage in negotiations or prejudice it in commercial competition; and/or
• if the record contains information about research being carried out or about to be carried out on behalf of a third party or by VILLA CROP PROTECTION.
Section 70 of PAIA contains an overriding provision. Disclosure of a record is compulsory if it would reveal (i) a substantial contravention of, or failure to comply with the law; or (ii) there is an imminent and serious public safety or environmental risk; and (iii) the public interest in the disclosure of the record in question clearly outweighs the harm contemplated by its disclosure.
If the request for access to information affects a third party, then such third party must first be informed within 21 (twenty-one) days of receipt of the request. The third party would then have a further 21 (twenty-one) days to make representations and/or submissions regarding the granting of access to the record.
19. REMEDIES AVAILABLE TO A REQUESTER ON REFUSAL OF ACCESS
If the Information Officer decides to grant a requester access to the particular record, such access must be granted within 30 (thirty) days of being informed of the decision.
There is no appeal procedure that may be followed after a request to access information has been refused.
In the event that you are not satisfied with the outcome of the request, you are entitled to apply to the Information Regulator or a court of competent jurisdiction to take the matter further.
Where a third party is affected by the request for access and the Information Officer has decided to grant you access to the record, the third party has 30 (thirty) days in which to appeal the decision in a court of competent jurisdiction. If no appeal has been lodged by the third party within 30 (thirty) days, you must be granted access to the record.
20. AVAILABILITY OF THIS MANUAL
Copies of this Manual are available for inspection, free of charge, at the registered offices of VILLA CROP PROTECTION at 65 Botes Road, Glen Marais, Kempton Park.
Appendix A FORM 2
REQUEST FOR ACCESS TO RECORD
[Regulation 7]
NOTE:
1. Proof of identity must be attached by the requester.
2. If requests made on behalf of another person, proof of such authorisation, must be attached to this form.
TO: The Information Officer
(Address)
E-mail address:
Fax number:
Mark with an “X”
Request is made in my own name Request is made on behalf of another person.
PERSONAL INFORMATION | ||||
Full Names | ||||
Identity Number | ||||
Capacity in which request is made (when made on behalf of another person) | ||||
Postal Address | ||||
Street Address | ||||
E-mail Address | ||||
Contact Numbers | Tel. (B): | Facsimile: | ||
Cellular: | ||||
Full names of person on whose behalf request is made (if applicable): | ||||
Identity Number | ||||
Postal Address |
Street Address | |||||
E-mail Address | |||||
Contact Numbers | Tel. (B) | Facsimile | |||
Cellular | |||||
PARTICULARS OF RECORD REQUESTED Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located. (If the provided space is inadequate, please continue on a separate page and attach it to this form. All additional pages must be signed.) | |||||
Description of record or relevant part of the record: | |||||
Reference number, if available | |||||
Any further particulars of record | |||||
TYPE OF RECORD (Mark the applicable box with an “X“) | |||||
Record is in written or printed form | |||||
Record comprises virtual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc) | |||||
Record consists of recorded words or information which can be reproduced in sound | |||||
Record is held on a computer or in an electronic, or machine-readable form |
FORM OF ACCESS (Mark the applicable box with an “X“) | |
Printed copy of record (including copies of any virtual images, transcriptions and information held on computer or in an electronic or machine-readable form) | |
Written or printed transcription of virtual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc) | |
Transcription of soundtrack (written or printed document) | |
Copy of record on flash drive (including virtual images and soundtracks) | |
Copy of record on compact disc drive(including virtual images and soundtracks) | |
Copy of record saved on cloud storage server |
MANNER OF ACCESS (Mark the applicable box with an “X“) | |
Personal inspection of record at registered address of public/private body (including listening to recorded words, information which can be reproduced in sound, or information held on computer or in an electronic or machine-readable form) | |
Postal services to postal address | |
Postal services to street address | |
Courier service to street address | |
Facsimile of information in written or printed format (including transcriptions) | |
E-mail of information (including soundtracks if possible) | |
Cloud share/file transfer | |
Preferred language (Note that if the record is not available in the language you prefer, access may be granted in the language in which the record is available) |
PARTICULARS OF RIGHT TO BE EXERCISED OR PROTECTED If the provided space is inadequate, please continue on a separate page and attach it to this Form. The requester must sign all the additional pages. | |
Indicate which right is to be exercised or protected | |
Explain why the record requested is required for the exercise or protection of the aforementioned right: | |
FEES | |
a) A request fee must be paid before the request will be considered. b) You will be notified of the amount of the access fee to be paid. c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record. d) If you qualify for exemption of the payment of any fee, please state the reason for exemption | |
Reason | |
You will be notified in writing whether your request has been approved or denied and if approved the costs relating to your request, if any. Please indicate your preferred manner of correspondence:
Postal address | Facsimile | Electronic communication (Please specify) |
Signed at this day of 20
Signature of Requester / person on whose behalf request is made
FOR OFFICIAL USE
Reference number: | |
Request received by: (State Rank, Name And Surname of Information Officer) | |
Date received: | |
Access fees: | |
Deposit (if any): |
Signature of Information Officer
Appendix B
Fees in Respect of Private Bodies
Item | Description | Amount |
1. | The request fee payable by every requester | R140.00 |
2. | Photocopy/printed black & white copy of A4-size page | R2.00 per page or part thereof |
3. | Printed copy of A4-size page | R2.00 per page of part thereof |
4. | For a copy in a computer-readable form on: (iii) Flash drive (to be provided by requestor) (iv) Compact disc • If provided by requestor • If provided to the requestor | R40.00 R40.00 R60.00 |
5. | For a transcription of visual images per A4-size page | Service to be outsourced. Will depend on quotation from Service provider. |
6. | Copy of visual images | |
7. | Transcription of an audio record, per A4-size page | R24.00 |
8. | Copy of an audio record on: (v) Flash drive (to be provided by requestor) (vi) Compact disc • If provided by requestor • If provided to the requestor | R40.00 R40.00 R60.00 |
9. | To search for and prepare the record for disclosure for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation. To not exceed a total cost of | R145.00 R435.00 |
10. | Deposit: If search exceeds 6 hours | One third of amount per request calculated in terms of items 2 to 8 |
11. | Postage, e-mail or any other electronic transfer | Actual expense, if any. |
Appendix C
FORM 1 – OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION
IN TERMS OF SECTION 11(3) OF POPIA
REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018 [Regulation 2]
Note:
1. Affidavits or other documentary evidence as applicable in support of the objection may be attached.
2. If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.
3. Complete as is applicable.
A | DETAILS OF DATA SUBJECT |
Name(s) and surname/ registered name of data subject: | |
Unique Identifier/ Identity Number | |
Residential, postal or business address: | |
Code ( ) | |
Contact number(s): | |
Fax number / E-mail address: | |
B | DETAILS OF RESPONSIBLE PARTY |
Name(s) and surname / Registered name of responsible party: | |
Residential, postal or business address: | |
Code ( ) | |
Contact number(s): | |
Fax number/ E-mail address: |
C | REASONS FOR OBJECTION IN TERMS OF SECTION 11(1)(d) to (f) (Please provide detailed reasons for the objection) |
Signed at …………………………………… this …………………. day of ………………………20…………
……………………………………………………………….
Signature of data subject/designated person
Appendix D
FORM 2
REQUEST FOR CORRECTION OR DELETION OF PERSONAL INFORMATION OR DESTROYING OR DELETION OF RECORD OF PERSONAL INFORMATION IN TERMS OF SECTION 24(1) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)
REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018 [Regulation 3]
Note:
1. Affidavits or other documentary evidence as applicable in support of the request may be attached.
2. If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.
3. Complete as is applicable.
Mark the appropriate box with an “x”.
Request for:
Correction or deletion of the personal information about the data subject which is in possession or under the control of the responsible party.
Destroying or deletion of a record of personal information about the data subject which is in possession or under the control of the responsible party and who is no longer authorised to retain the record of information.
A | DETAILS OF THE DATA SUBJECT |
Name(s) and surname / registered name of data subject: | |
Unique identifier/ Identity Number: | |
Residential, postal or business address: | |
Code ( ) | |
Contact number(s): | |
Fax number/E-mail address: | |
B | DETAILS OF RESPONSIBLE PARTY |
Name(s) and surname / registered name of responsible party: | |
Residential, postal or business address: | |
Code ( ) | |
Contact number(s): | |
Fax number/ E-mail address: |
C | INFORMATION TO BE CORRECTED/DELETED/ DESTRUCTED/ DESTROYED |
D | REASONS FOR *CORRECTION OR DELETION OF THE PERSONAL INFORMATION ABOUT THE DATA SUBJECT IN TERMS OF SECTION 24(1)(a) WHICH IS IN POSSESSION OR UNDER THE CONTROL OF THE RESPONSIBLE PARTY; and/or REASONS FOR *DESTRUCTION OR DELETION OF A RECORD OF PERSONAL INFORMATION ABOUT THE DATA SUBJECT IN TERMS OF SECTION 24(1)(b) WHICH THE RESPONSIBLE PARTY IS NO LONGER AUTHORISED TO RETAIN. (Please provide detailed reasons for the request) |
Signed at …………………………………… this …………………. day of ………………………20…………
…………………………………………………………………
Signature of data subject/ designated person