POPIA Policy
ERHA FABRICATION & CONSTRUCTION (PTY) LTD
MANUAL PREPARED IN TERMS OF SECTION 21 OF THE PROMOTION OF ACCESS TO INFORMATION ACT (ACT 2 OF 2000)
Note: This manual is based on “EXAMPLE OF A MANUAL FOR A PRIVATE BODY” issued by the South African Human Rights Commission, amended to meet the needs of Erha Fabrication & Construction with further additions to enhance its usefulness and comply with the Protection of Personal Information Act, No. 4 of 2013.
Contents
- Information required under section 51 (1) of the Act
- Description of guide referred to in section 10
- Records automatically available
- Subjects and categories of records held by Erha Fabrication & Construction
- Purpose of processing of personal information
- Data subjects’ categories and their personal information
- Planned recipients of personal information
- Trans-border flows of personal information
- Security measures to protect personal information
- Detail on how to make a request for access
- Availability of the manual
- Form C: Request for access to record of private body
- Form E: Automatically available records
This manual is intended to assist persons wishing to access information in terms of the Act from any member of Erha Fabrication & Construction.
- INFORMATION REQUIRED UNDER SECTION 51 (1) (a) OF THE ACT
Postal Address | P O Box 2552, Vanderbijlpark, 1900 |
Street Address | 9 Mollier Street, CE6, Vanderbijlpark, 1911 |
Telephone Number | 016 933 9882 |
Fax Number | N/A |
hr@erha.co.za or hendrik@erha.co.za | |
Person delegated to deal with requests (for “the designated head”) | Anmar Pretorius |
E-mail address of the delegated designated head | hr@erha.co.za |
- DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10
A Guide has been compiled in terms of Section 10 of PAIA by the South African Human Rights Commission (SAHRC). It contains information required by a person wishing to exercise any right, contemplated by PAIA. It is available in all the official languages.
The Guide is available for inspection, inter alia, the office of the offices of the Human Rights Commission at The Guide is available for inspection, inter alia, at the office of the South African Human Rights Commission at 27 Stiemens Street, Braamfontein, Johannesburg, Gauteng and at www.sahrc.org.za.
For further information please contact the SAHRC:
E-mail: GPComplaints@sahrc.org.za
Whatsapp: 082 059 6520
Prepared in accordance with Section 51 of the Promotion of Access to Information Act, 2000 for the Erha Fabrication & Construction (Pty) Ltd (“the Organisation”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person or entity, whether such information is required by someone to protect his/her rights.
- APPLICABILITY AND AVAILABILITY OF THIS MANUAL (“Manual”)
1.1. The Promotion of Access to Information Act, no 2 of 2000 (“the Act”) gives effect to the constitutional right of access to any information in records held by public or private bodies that is required for the exercise or protection of any rights.
1.2. This Manual informs requesters of procedural and other requirements which a request for information must meet, and further, this Manual in its entirety is available for inspection, free of charge, at the Organisation’s offices and website (see details below).
- THE ORGANISATION’S CONTACT DETAILS & PAIA HEAD
PAIA Head:
Anmar Pretorius
HR Administrator
Telephone Number: 016 933 9882
E-mail: hr@erha.co.za or hendrik@erha.co.za
Website: www.erhaeng.co.za
- SOUTH AFRICAN HUMAN RIGHTS COMMISSION GUIDE
The South African Human Rights Commission (“SAHRC”) is required, as directed by the Act, to compile a guide containing information that may reasonably be required by a person who wishes to exercise any right contemplated in the Act. The guide can be obtained from the SAHRC; Understanding PAIA (sahrc.org.za). In this regard, enquiries should be directed to:
Human Resources: Anmar Pretorius
E-mail address: hr@erha.co.za
- SECTION 52 NOTICE: VOLUNTARY DISCLOSURE AND AUTOMATIC AVAILABILITY OF CERTAIN RECORDS
- THE ORGANISATION’S RECORDS
5.1. Information is available in terms of the following legislation to the persons or entities specified in such legislation:
5.1.1. Occupational Health & Safety Act, 85 of 1993
5.1.2. Electronic Communications and Transactions Act, 25 of 2002.
5.1.3. Telecommunications Act, 103 of 1996]
5.2. Access to the documents as set out below may be subject to the grounds of refusal, which grounds of refusal are set out in clause 6 below:
5.2.1. Customer Records
“Customer” in the Manual refers to a natural person or juristic entity that receives services from the Organisation. Customer records include the following:
5.2.1.1. Any such records which may pertain to products sold and/or services rendered by the Organisation including:
5.2.1.1.2. records generated by or within the Organisation relating to its customers.
5.2.2. Supplier Records
“Supplier” in the Manual refers to a natural person or juristic entity that provides services or goods to the Organisation. Supplier records include the following:
5.2.2.1. Any such records which may pertain to products bought and/or services received by the Organisation including;
5.2.2.1.1. records generated by or within the Organisation relating to its suppliers.
5.2.3. Personnel Records
5.2.3.1. personal records which are provided by the personnel themselves and/or by any other third party;
5.2.3.2. internal evaluation records as well as other internal records;
5.2.4. Private Body Records
5.2.4.1. operational records;
5.2.4.2. databases;
5.2.4.3. financial records;
5.2.4.4. information technology systems and documents;
5.2.4.5. statutory records;
5.2.4.6. documentation pertaining to the processing operations as required by section 17 of the Protection of Personal Information Act 4 for 2013;
5.3. Records held by third parties as well as those which pertain to third parties
5.3.1. Personnel, customer or private body records which are in the possession of another party on the Organisation’s behalf.
5.3.2. Records held by the Organisation pertaining to other parties, including without limitation, correspondence, financial records, product and service records, contract records, and records which relate to the Organisation’s suppliers, contractors and/or service providers.
- GROUNDS FOR THE REFUSAL OF ACCESS TO RECORDS
The Organisation may refuse a request for information on, inter alia, the basis of any of the following, as provided for in terms of Chapter 4 of the Act:
6.1. trade secrets pertaining to a third party;
6.2. financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of which would or could be likely to cause harm to the commercial or financial interests of that third party; or
6.3. The mandatory protection of confidential information of third parties if disclosure would constitute an action for breach of a duty of confidence owed to that third party in terms of an agreement.
6.4. The mandatory protection of the safety of individuals, and the protection of property.
6.4.1. the Organisation’s trade secrets;
6.4.2. financial, commercial, customer, scientific or technical information, which, if disclosed could or would be likely to cause harm to the Organisation’s commercial or financial interests;
6.4.3. information, the disclosure of which could reasonably be expected:
6.4.3.1. to put the Organisation at a disadvantage in contractual or other negotiations; or
6.4.3.2. to prejudice the Organisation in commercial competition.
6.4.4. computer programs owned by the Organisation and defined as such in terms of the Copyright Act, No 98 of 1978.
6.5. Requests for information that are, in the Organisation’s reasonable opinion, manifestly frivolous or vexatious or which involve a substantial and unreasonable diversion of resources.
- REQUEST PROCEDURE
7.1. the record/s requested;
7.2. the identity of the requester;
7.3. the form of access required, if the request is granted;
7.4. the postal address, fax number or email address of the requester.
7.5. The requester must:
7.5.1. state that the record is required in order to exercise or protect a right; and
7.5.2. provide details of the nature of the right to be exercised or protected.
7.6. Subject to the Organisation’s rights which pertain any extension as set out in the Act relating to extensions in terms of the Act, it will process the request within 30 (thirty) days of receipt of a request unless the requester has submitted special reasons to the Organisation, which the Organisation’s reasonable satisfaction, support that the above time periods be dispensed with.
7.7. The said 30 (thirty) day period may be extended for a further period not exceeding 30 (thirty) days if the request is for a large number of records, or the request requires a search for information which cannot reasonably be obtained within the original 30 (thirty) day period. The PAIA Head will notify the requester in writing should an extension be sought.
7.8. If a request is made on behalf of another person, such requester must submit, to the reasonable satisfaction of the Organisation, proof of the capacity in which the requester is making the request.
- ACCESS TO RECORDS
8.1. In terms of the Act, a requestor will only be given access to a record held by the Organisation if:
8.1.1. the record is required for the exercise or protection of a right;
8.1.2. the requestor has complied with all procedural requirements, set out herein and in terms of the Act, relating to a request for access to a particular record including making the request in the prescribed format; and
- REMEDIES AVAILABLE SHOULD THE ORGANISATION REFUSE A REQUEST
9.1. Internal Remedies
9.2. External Remedies
- FEES
10.1. When a request is received by the Organisation it will require the requester, on notice, other than a personal request made in respect of a person’s own personal records, to pay the prescribed request fee (if any), before further processing the request.
10.2. The Organisation will withhold a record until the requester has paid the prescribed fees together with the deposit, where applicable.