PAIA Manual
INFORMATION PAIA MANUAL OF RHINO LININGS GLOBAL (PTY) LIMITED
(“PAIA MANUAL”)
Prepared in accordance with Section 51 of the Promotion of Access to Information Act, No. 2 of 2000 (“the Act”)
1. LIST OF ACRONYMS AND ABBREVIATIONS
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1.1 |
“MD” |
means Managing Director |
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1.2 |
“DIO” |
means Deputy Information Officer |
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1.3 |
“IO” |
means Information Officer |
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1.4 |
“Minister” |
means Minister of Justice and Correctional Services |
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1.5 |
“PAIA” |
means Promotion of Access to Information Act No. 2 of 2000 (as amended) |
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1.6 |
“POPIA” |
means Protection of Personal Information Act No. 4 of 2013 |
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1.7 |
“Constitution” |
means the Constitution of the Republic of South Africa, No. 108 of 1996 |
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1.7 |
“Regulator” |
means Information Regulator |
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1.8 |
“Republic” |
means Republic of South Africa |
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1.9 |
“Rhino Linings” |
means Rhino Linings Global (Pty) Ltd with registration number 2015/360288/07 |
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1.10 |
“personnel” |
means any person who works for, or provides services to or on behalf of Rhino Linings Global (Pty) Ltd, and receives or is entitled to receive remuneration any other person who assists in carrying out or conducting the business of Rhino Linings Global (Pty) Ltd. This includes, without limitation, directors, all permanent, temporary, and part-time staff, as well as contract workers. |
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1.11 |
“customer” |
means any natural or juristic entity that receives services or purchases stock from Rhino Linings Global (Pty) Ltd. |
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1.12 |
“requester” |
means the person who wishes to request any information from Rhino Linings Global (Pty) Ltd. |
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1.13 |
“Company” |
means Rhino Linings Global (Pty) Ltd with registration number 2015/360288/07. |
2. BACKGROUND TO THE PROMOTION OF ACCESS TO INFORMATION ACT
2.1 The Promotion of Access to Information Act, No. 2 of 2000 (“the Act”) was enacted on 3 February 2000, giving effect to the constitutional right in terms of Section 32 of the Bill of Rights contained within the Constitution of the Republic of South Africa, No. 108 of 1996 (“the Constitution”) of access to any information held by the state and any information that is held by another person and that is required for the exercise or protection of any rights.
2.2 In terms of Section 51 of the Act, all Private Bodies are required to compile an Information Manual (“PAIA Manual”).
2.3 Where a request is made in terms of the Act, the body whom the request is made is obliged to release such information, subject to applicable legislative and/or regulatory requirements, except where the Act expressly provides that the information may or must not be released. The Act sets out the relevant procedure to be adopted when requesting information from a public or a Private Body.
3. RHINO LININGS GLOBAL (PTY) LTD
3.1 Rhino Linings Global (Pty) Ltd is a private company, with registration number 2015/360288/07, with limited liability, duly registered and incorporated according to the Company Laws of the Republic of South Africa.
3.2 The PAIA Manual is relevant and has application within Rhino Linings Global (Pty) Ltd.
3.3 This PAIA Manual of Rhino Linings Global (Pty) Ltd is available, during the company’s office hours, to view at its premises, namely Units 9 & 10 Harbour Park, 1061 Schooner Avenue, Laser Park, Honeydew as well as its website: www.rhinolinings.co.za
4. PURPOSE OF THE PAIA MANUAL
4.1 This PAIA Manual is envisioned to ensure that Rhino Linings complies with the Act and to adopt a culture of transparency and accountability within Rhino Linings by giving effect to the right to information that is required for the exercise or protection of any right and to actively promote a society in which the people of South Africa have effective access to information to enable them to exercise and protect their rights.
4.2 In order to promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their right in terms of the Act in order for them to exercise their rights in relation to public and private bodies.
4.3 Section 9 of the Act recognizes that the right to access information cannot be unlimited and should be subject to justifiable limitation, including, but not limited to:
4.3.1 Limitations aimed at the reasonable protection of privacy;
4.3.2 Commercial confidentiality; and
4.3.3 Effective, efficient and good governance;
And in a manner that balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.
4.4 This PAIA Manual has been drafted in accordance with the “PAIA Manual: Template: Private Body” which can be found on:
https://www.justice.gov.za/inforeg/docs/forms/PAIA-Manual-Template-Private-Body.docx
4.5 Moreover, this PAIA Manual complies with the requirements of Section 10 of the Act and recognizes that upon commencement of the Protection of Personal Information Act 4 of 2013, that the appointed Information Regulator will be responsible to regulate compliance with the Act and its Regulations by Public and Private Bodies.
6. THE INFORMATION OFFICER [SECTION 51(1)(B)]
6.1 The Act prescribes the appointment of an Information Offices. Such Information Officer is responsible for, inter alia, assessing requests for access to information. The Head of a Private Body fulfills such a function in terms of Section 51.
6.2 The Information Officer appointed in terms of the Act also refers to the Information Officer as referred to in the Protection of Personal Information Act, no. 4 of 2013. The Information Officer oversees the functions and responsibilities as required in terms of both this Act as well as the duties and responsibilities as required in terms
of Section 55 of the Protection of Personal Information Act 4 of 2013 after registering with the Information Regulator.
6.3 The Information Officer may appoint, where it is deemed necessary, Deputy Information Officer, as allowed in terms of Section 17 of the Act as well as Section 56 of the Protection of Personal Information Act, no. 4 of 2013. This is in order to render Rhino Linings as accessible as reasonably possible for requesters of its records and to ensure fulfillment of its obligation and responsibilities as prescribed in terms of Section 55 of the Protection of Personal Information Act, no. 4 of 2013. All requests for information in terms of the Act must be addressed to the Information Officer.
Contact Details of the Information Officer
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Philmar De Wet |
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Registered Address |
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Unit 9 & 10 Harbour Park, 1061 Schooner Avenue, Laser Park, Honeydew |
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Postal Address |
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Same as registered |
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+27 11 389 3500 |
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Website |
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7. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE
7.1 Enquiry Details
7.1.1 The South African Human Rights Commission has compiled the Guide as required in terms of Section 10 of the Act. The Guide contains such information as may reasonably be required by a person who wishes to exercise any right contemplated in the Act and accordingly it:
7.1.1.1 Contains information on understanding and how to use the Act;
7.1.1.2 Includes: The Objectives of the Act; Particulars of every Public and Private Body; The manner and form for requests; Contents of the Regulations promulgated under the Act;
7.1.1.3 Will be updated and published every 2 (two) years.
7.1.2 The Guide is available in all the official languages of the Republic, including braille.
7.1.3 Any inquiries regarding this Guide should be directed to:
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The South African Human Rights Commission |
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PAIA Unit (The Research and Documentation Department) |
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Postal Address |
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Private Bag X2700, Houghton, 2041 |
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Telephone number |
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+27 11 877 3803 |
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Fax number |
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+27 11 403 0625 |
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Website |
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7.1.4 The Guide is available for inspection, inter alia, at the offices of the Human Rights Commission at 29 Princess of Wales Terrace, Corner York, and St. Andrews Street, Parktown, and on its website at www.sarhc.org.za.
9. RECORDS AVAILABLE ONLY ON REQUEST TO ACCESS IN TERMS OF THE ACT [SECTION 51(1)(D)]
9.1 Records held by Rhino Linings Global (Pty) Lt
9.1.1 This clause serves as a reference to the categories of information that Rhino Linings holds. The information is classified and grouped according to records relating to the flowing subjects and categories:
9.1.1.1 Personal Records
9.1.1.1.1 Personal records provided by personnel.
9.1.1.1.2 Records provided by a third party relating to personnel.
9.1.1.1.3 Conditions of employment and other personnel-related contractual and quasi-legal records.
9.1.1.1.4 Internal evaluation records and other internal records.
9.1.1.1.5 Correspondence relating to personnel.
9.1.1.1.6 Training schedules and material.
9.1.1.2. Customer Related Records
9.1.1.2.1 Records provided by a customer to a third party acting for or on behalf of Rhino Linings.
9.1.1.2.2 Records provided by a third party.
9.1.1.2.3 Records generated by or within Rhino Linings relating to its customers, including transactional records.
9.1.1.3 Private Body Records
9.1.1.3.1 Financial records.
9.1.1.3.2 Operational records.
9.1.1.3.3 Databases.
9.1.1.3.4 Information Technology
9.1.1.3.5 Marketing records.
9.1.1.4 Internal Correspondent
9.1.1.4.1 Product records.
9.1.1.4.2 Statutory records.
9.1.1.4.3 Internal Policies and Procedures.
These records include but are not limited to, the records which pertain to Rhino Linings’ own affairs.
9.1.1.5 Other Party Records
9.1.1.5.1 Personnel, customer, or private body records which are held by another party, as opposed to the records held by Rhino Linings itself.
9.1.1.5.2 Records held by Rhino Linings pertaining to other parties, including without limitation, financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors/suppliers.
9.1.1.5.3 Rhino Linings may possess records pertaining to other parties, including without limitation contractors, suppliers, subsidiary/holding/ sister companies, joint venture companies, and service providers. Alternatively, such other parties may possess records that can be said to belong to Rhino Linings.
9.2 Note that the accessibility of the records may be subject to the grounds of refusal set out in this PAIA Manual. Amongst others, records deemed confidential on the part of a third party will necessitate permission from the third party concerned, in addition to normal requirements, before Rhino Linings will consider access.
10. RECORDS AVAILABLE WITHOUT A REQUEST TO ACCESS IN TERMS OF THE ACT
10.1 Records of a public nature, typically those disclosed on the Rhino Lining’s various annual reports, may be accessed without the need to submit a formal application.
10.2 Other non-confidential records, such as statutory records maintained at CIPC, may also be accessed without the need to submit a formal application, however, please note that an appointment to view such records will still have to be made with the Information Officer.
11. RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION
11.1 Where applicable to its operation, Rhino Linings also retains records and documents in terms of the legislation listed below. Unless disclosure is prohibited in terms of legislation, regulations, contractual agreement, or otherwise, records that are required to be made available in terms of these acts shall be made available for inspection by interested parties in terms of the requirements and conditions of the Act; the below-mentioned legislation, and applicable internal policies and procedures, should such interested parties be entitled to such information. A request to access must be done in accordance with the prescriptions of the Act.
11.1.1 Attorneys Act, no. 53 of 1979;
11.1.2 Auditing Professions Act, no.26 of 2005;
11.1.3 Basic conditions of Employment Act, no.75 of 1997;
11.1.4 Broad-Based Black Economic Empowerment Act, no.53 of 2003;
11.1.5 Business Act, no. 71 of 1991;
11.1.6 Companies Act, no. 71 of 2008;
11.1.7 Compensation of Occupational Injuries and Diseases Act, no. 130 of 1993;
11.1.8 Competition Act, no. 89 of 1998;
11.1.9 Competition Amendment Act, no.18 of 2018;
11.1.10 Constitution of the Republic of South Africa 1996;
11.1.11 Copyright Act, no.98 of 1978;
11.1.12 Debt Collectors’ Act, no.114 of 1998;
11.1.13 Designs Act, no.195 of 1993;
11.1.14 Electronic Communications Act, no.36 of 2005;
11.1.15 Electronic Communications and Transaction Act, no. 25 of 2002;
11.1.16 Employment Equity Act, no.55 of 1998;
11.1.17 Financial Advisory and Intermediary Services Act, no.37 of 2002;
11.1.18 Financial Intelligence Centre Act, no. 38 of 2001;
11.1.19 Identification Act, no. 68 of 1997;
11.1.20 Income Tax Act, no.58 of 1962;
11.1.21 Insider Trading Act, no. 135 of 1998;
11.1.22 Insolvency Act, no. 24 of 1936;
11.1.23 Inspection of Financials Institutions Act, no.18 of 1998;
11.1.24 Intellectual Property Laws Amendment Act, no.38 of 1997;
11.1.25 Labour Relations Act, no. 66 of 1995;
11.1.26 Leases of Land Act, no.18 of 1969;
11.1.27 Long Term Insurance Act, no. 52 of 1998;
11.1.28 Machinery and Occupational Safety Act, no.6 of 1983;
11.1.29 National Credit Act, no. 34 of 2005;
11.1.30 National Road Traffic Act, no.93 of 1996;
11.1.31 National Environmental Management Act, no.85 of 1993;
11.1.32 Occupational Health and Safety Act, no.85 of 1993;
11.1.33 Patents Act, no.57 of 1978;
11.1.34 Pension Funds Act, no. 24 of 1956;
11.1.35 Prescription Act, no.68 of 1969;
11.1.36 Prevention of Organised Crime Act, no. 121 of 1998;
11.1.37 Promotion of Access to Information Act, no. 2 of 2000;
11.1.38 Protection of Personal Information Act, no. 4 of 2013;
11.1.39 Revenue laws Second Amendment Act, no. 61 of 2008;
11.1.40 Road Transportation Act, no.74 of 1977;
11.1.41 Skills Development Levies Act, no. 9 of 1999;
11.1.42 Short-term Insurance Act, no.53 of 1998;
11.1.43 Stock Exchanges Control Act, no.1 of 1985;
11.1.44 Taxation Laws Amendment Act, no.7 of 2010;
11.1.45 Trademarks Act, no. 194 of 1993;
11.1.46 Transfer Duty Act, no. 40 of 1949;
11.1.47 Uncertificated Securities Tax Act, no. 31 of 1998;
11.1.48 Unemployment Contributions Act, no. 63 of 2001;
11.1.49 Unemployment Insurance Act, no. 30 of 1966;
11.1.50 Value Added Tax Act 89 of 1991.
11.2 It is further recorded that the accessibility of documents and records may be subject to the grounds of refusal set out in this PAIA Manual.
12. REQUEST PROCEDURE
12.1 Procedural Requirements
12.1.1 The requester must comply with all the procedural requirements contained in the Act relating to the request for access to a record.
12.1.2 The requester must complete the prescribed form that is enclosed herein and submit same as well as payment of a request fee and a deposit (if applicable) to the Information Officer or the Deputy Information Officer at the postal or
physical address, fax number, or electronic mail address as noted in clause 6 above.
12.1.3 The prescribed form must be filled in with sufficient information to enable the Information Officer to identify:
12.1.3.1 the record or records requested; and
12.1.3.2 the identity of the requester.
12.1.4 The requester should indicate which form of access is required and specify a postal address or fax number or electronic mail address of the requester in the Republic.
12.1.5 The requester must state that he/she requires the information in order to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. The requester must clearly specify why the record is necessary to exercise or protect such a right, this is in terms of Section 53(2)(d).
12.1.6 Rhino Linings will process the request within 30 (thirty) days from the date in which the form is received unless the requester has stated special reasons to the satisfaction of the Information Officer that circumstances dictate that the above time periods not be complied with.
12.1.7 The requester shall be advised whether access is granted or denied in writing. If, in addition, the requester requires the reasons for the decision in any other manner, the requester will be obliged to state which manner and the particulars are required.
12.1.8 If a requester is made on behalf of another person, then the requester must submit proof of the capacity in which the requester is making the request to
the reasonable satisfaction of the Information Officer, in terms of Section 53(2)(f).
12.1.9 If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.
12.1.10 The requester must pay the prescribed fee before any further processing can take place.
12.1.11 All information as listed in this clause should be provided and failing which the process will be delayed until the required information is provided. The prescribed time periods will not commence until the requester has furnished all the necessary and required information. The Information Officer shall distinguish a record, if possible, and grant only access to that portion requested and which is not prohibited from being disclosed.
13. REFUSAL OF ACCESS TO RECORDS
13.1 A Private Body such as Rhino Linings is entitled to refuse a request for information.
13.2 Grounds to Refuse Access
13.2.1 The main grounds for Rhino Linings to refuse a request for information relates to the:
13.2.1.1 Mandatory protection of the privacy of a third party who is a natural person or a deceased person (Section 63) or a juristic, as included in POPIA, which would involve the unreasonable disclosure of personal information of that natural or juristic person.
13.2.1.2 Mandatory protection of personal information and for disclosure of any personal information to, in addition to any other legislative, regulatory or contractual agreements, comply with the provisions of POPIA.
13.2.1.3 Mandatory protection of the commercial information of a third party (section 64), if the record contains:
13.2.1.3.1 trade secrets of the third party;
13.2.1.3.2 financial, commercial, scientific, or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party;
13.2.1.3.3 information disclosed in confidence by a third party to Rhino Linings if the disclosure could put that third party at a disadvantage in negotiations or commercial competition.
13.2.1.4 Mandatory protection of confidential information of third parties (Section 65) if it is protected in terms of any agreement.
13.2.1.5 Mandatory protection of the safety of individuals and the protection of property (Section 66).
13.2.1.6 Mandatory protection of records that would be regarded as privileged in legal proceedings (Section 67).
13.2.2 The commercial activities (as referred to in Section 68) of a Private Body, such as Rhino Linings, which may include:
13.2.2.1 trade secrets of Rhino Linings.
13.2.2.2 financial, commercial, scientific, or technical information which disclosure could likely cause harm to the financial or commercial interests of Rhino Linings.
13.2.2.3 information which, if disclosed could put Rhino Linings at a disadvantage in negotiation or commercial competition.
13.2.2.4 all assets or documents which are protected by copyright and owned by Rhino Linings.
13.2.2.5 the research information (section 69) of Rhino Linings or a third party, if its disclosure would disclose the identity of Rhino Linings, the researcher, or the subject matter of the research and would place the research at a serious disadvantage.
13.2.3 Requests for information that is clearly frivolous or vexatious, or which involves an unreasonable diversion of resources shall be refused.
13.2.4 All requests for information will be assessed on their own merits and in accordance with the applicable legal principles and legislation.
13.2.5 If a requested record cannot be found or if the record does not exist, the Information Officer shall, by way of affidavit or affirmation, notify the requester that it is not possible to give access to the requested record. Such notice will be regarded as a decision to refuse a request for access to the record concerned for the purpose of the Act. If the record should later be found, the requester shall be given access to the record in the manner
stipulated by the requester in the prescribed form, unless the Information Officer refuses access to such record.
14. REMEDIES AVAILABLE WHEN RHINO LININGS REFUSES A REQUEST
14.1 Internal Remedies
Rhino Linings does not have an internal appeal procedure, the decision made by the Information Officer is final. Requesters will have to exercise such external remedies at their disposal if the request for information is refused, and the requestor is not satisfied with the answers supplied by the Information Officer.
14.2 External Remedies
14.2.1 A requestor that is dissatisfied with the Information Officer’s refusal to disclose information, may within 30 (thirty) days of notification of the decision, apply to a Court for relief.
14.2.2 A third party dissatisfied with the Information Officer’s decision to grant a request for information, may within 30 (thirty) days of notification of the decision, apply to a Court for relief.
For purposes of the Act, the Courts that have jurisdiction over this application are the Constitutional Court, the High Court, or another court of similar status and a Magistrate’s Court designed by the Minister of Justice and Constitutional Development and which is presided over by a designated Magistrate.
15. ACCESS TO RECORDS HELD BY RHINO LININGS
15.1 Prerequisites for Access by Personal/Other Requester
15.1.1 Records held by Rhino Linings may be accessed by requests only once the prerequisite requirements for access have been met.
15.1.2 A requester is any person making a request for access to a record of Rhino Linings. There are two types of requesters:
15.1.3 Personal Requester
15.1.3.1 A personal requester is a requester who is seeking access to a record containing personal information about the requester.
15.1.3.2 Rhino Linings will voluntarily provide the requested information or give access to any record with regard to the requester’s
personal information. The prescribed fee for the reproduction of the information requested will be charged.
15.1.4 Other Requester
15.1.4.1 This requester (other than a personal requester) is entitled to request access to information on third parties.
15.1.4.2 In considering such a request, Rhino Linings will adhere to the provisions of the Act. Section 71 requires that the Information Officer take all reasonable steps to inform the third party to whom the requested record relates to the request, informing him/ her that he/she may make a written or oral representation to the Information Officer why the request should be refused
or, where required, given written consent for the disclosure of the Information.
Rhino Linings is not obliged to voluntarily grant access to such records. The requester must fulfill the prerequisite requirements, in accordance with the requirements of the Act and as stipulated in Chapter 5; Part 3, including the payment of a request and access fee.
16. FEES
16.1 Fees Provided by the Act
16.1.1 The Act provides for two types of fees, namely:
1.6.1.1.1 A request fee, which is a form of an administration fee to be paid by all requesters except personal requesters, before the request is considered. The request fee is not refundable; and
1.6.1.1.2 An access fee, which is paid by all requesters in the event that a request for access is granted. This fee is inclusive of costs involved by Rhino Linings in obtaining and preparing a record for delivery to the requester.
16.1.2 When the request is received by the Information Officer, such officer shall by notice require the requester, other than a personal requester, to pay the prescribed fee, before further processing of the request [Section 54(1)].
16.1.3 If the search for the record has been made and the preparation of the record for disclosure, including arrangements to make it available in the requested
form, requires more than the hours prescribed in the regulations for this purpose, the Information Officer shall notify the requester to pay, as a deposit, the prescribed portion of the access fee which would be payable if the request is granted.
16.1.4 The Information Officer shall withhold a record until the requester has paid the fees as indicated below.
16.1.5 A requester whose request for access to a record has been granted, must pay an access fee that is calculated to include, where applicable, the request fee, the processing fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for
and prepare the record for disclosure including making arrangements to make it available in the request form.
16.1.6 If a deposit has been paid in respect of a request for access, which is refused, then the Information Officer concerned must repay the deposit to the requester.
17. REPRODUCTION FEES
17.1 Where Rhino Linings has voluntarily provided the Minister with a list of categories of records that will automatically be available to any person requesting access thereto, the only charge that may be levied for obtaining such records, will be a fee for the reproduction of the record in question.
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Reproduction of Information task |
Fees to be Charged |
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Information in an A4 size page photocopy or part thereof |
R1.10 |
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A printed copy of an A4 size page or part thereof |
R0.75 |
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A copy in computer-readable format: Stiffy disc Compact disc |
R7.50 R70.00 |
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A transcription of visual images, in an A4-size page or part thereof |
R40.00 |
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A copy of visual images |
R60.00 |
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A transcription of an audio record for and A4-size page or part thereof |
R20.00 |
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A copy of an audio record |
R30.00 |
17.2 Request Fees
Where a requester submits a request for access to information held by an institution on a person other than the requester himself/herself, a request fee in the amount of R50.00 (fifty Rand) is payable up-front before the institution will further process the request received.
17.3 Access Fees
17.3.1 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 the Act or an exclusion is determined by the Minister in terms of Section 54(8).
17.3.2 The applicable access fees which will be payable are:
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Access of Information Fees |
Fees to be Charged |
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Information in an A4 size page photocopy or part thereof |
R1.10 |
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A printed copy of an A4 size page or part thereof |
R0.75 |
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A copy in a computer-readable format: Stiffy disc Compact disc |
R7.50 R70.00 |
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A transcription of visual images, in an A4 size page or part thereof |
R40.00 |
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A copy of visual images |
R60.00 |
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A search for a record that must be disclosed (*per hour or part of an hour reasonably required for such search) |
R30.00 |
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Where a copy of a record needs to be posted the actual postal fee is payable. |
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17.4 Deposits
17.4.1 Where the institution receives a request for access to information held on a person other than the requester himself/herself and the Information Officer
upon receipt of the request is of the opinion that the preparation of the required record of the disclosure will take more than 6 (six) hours, a deposit is payable by the requester.
17.4.2 The amount of the deposit is equal to 1/3 (one-third) of the amount of the applicable access fee.
17.5 Collection Fees
17.5.1 The initial “request fee” of R50.00 should be deposited into the bank account below and a copy of the deposit slip, application for, and other correspondence/documents forwarded to the Information Officer via fax.
17.5.2 Rhino Linings will collect the initial “request fee” of applications received directly by the Information Officer via email.
17.5.3 All fees must be deposited into the following bank account:
RHINO LININGS GLOBAL (PTY) LIMITED
FIRST NATIONAL BANK
ACCOUNT NO.: 628 339 66411
BRANCH CODE: 210554
REFERENCE: NAME
17.6 Fees General
17.6.1 All fees are subject to change as allowed for in the Act and as a consequence such escalations may not always be immediately available at the time of the request being made. Requesters shall be informed of any changed in the fees prior to making payment.
18. DECISION
18.1 Time Allowed to Institution
18.1.1 Rhino Linings will, within 30 (thirty) days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.
18.1.2 The 30 (thirty) day period within which Rhino Linings has to decide whether to grant or refuse the request, may be extended for a further period of not more than thirty days if the request is for a large number of information and
the information cannot reasonably be obtained within the original 30 (thirty) day period.
18.1.3 Rhino Linings will notify the requester in writing should an extension be sought.
19. AVAILABILITY AND UPDATING OF THE PAIA MANUAL
19.1 Regulation Number R.187 of 15 February 2002
19.1.1 This PAIA Manual is made available in terms of Regulation Number R.187 of 15 February 2002. Rhino Linings will update this PAIA Manual at such intervals as may be deemed necessary.
19.1.2 This PAIA Manual of Rhino Linings is available to view, during the company’s business hours, at its premises: Unit 9 & 10, Harbour Park, 1061 Schooner
Avenue, Laser Park, Honeydew, Roodepoort, as well as on its website: www.rhinolinings.co.za.
20. PROTECTION AND PROCESSING OF PERSONAL INFORMATION IN LINE WITH POPIA
20.1 We respect your right to privacy, as contained in section 14 of the Constitution of the Republic of South Africa of 1996, and which forms the cornerstone of POPIA. In order for us to assist you, it may be necessary for you to share some of your Personal Information with us from time to time.
20.2 We will take all reasonable steps to protect the Personal Information of any Data Subjects which is in our possession. For the purposes of this section, “Data Subject”, “Personal Information”, “Processing” and “Responsible Party” will be understood in accordance with the definition provided in POPIA. Any such Personal Information that you may share with us, and the reasons why such information is required, will depend on the nature and scope of your relationship with us.
20.3 As a Responsible Party, we undertake to comply with the relevant provisions of POPIA in relation to the Processing of Personal Information.
20.4 In particular, we undertake and are committed to complying with the 8 (EIGHT) conditions for the lawful Processing of Personal Information contained in Chapter 3 of POPIA, as set out below:
20.4.1 Accountability.
20.4.2 Processing limitation.
20.4.3 Purpose specification.
20.4.4 Further processing limitation.
20.4.5 Information quality.
20.4.6 Openness.
20.4.7 Security safeguards.
20.4.8 Data subject participation.
20.5 Personal Information will be processed by us, our representatives, our affiliates, and their representatives.
20.6 Should the cross-border flow of Personal Information be necessary in the course of business and the purpose for which the Personal Information is processed, it will only take place if all the conditions as set out in section 72 of POPIA are complied with.
20.7 Various security measures, technical (electrical) and organisational (physical), have been implemented to ensure the protection of Personal Information. We undertake to monitor and maintain reasonable technical (electronic) and organisational (physical) security measures in order to safeguard all Personal Information Processed by us and to ensure the integrity and confidentiality of such information.
20.8 Should any Data Subject object to the Processing of their Personal Information, they may lodge such objection by completing the form attached as Form A hereto and email the completed form to: jackie@rhinolinings.co.za
20.9 Should any Data Subject wish to request that we destroy Personal Information in our possession, they may complete the form attached as Form B hereto and email the completed form to: jackie@rhinolinings.co.za. In the event that such a request is lodged, Data Subjects should take note of the fact that we may not be able to continue our relationship with you if we cannot process your Personal Information. Of course, should any law require us to not destroy your Personal Information, a request of this nature cannot be complied with.
20.10 We have a comprehensive data management framework in place in order to comply with POPIA and ensure that the best efforts are employed to ensure the protection of Personal Information Processed by us. We employ up-to-date technology to
ensure the confidentiality, integrity, and availability of the Personal Information under our care.
This PAIA Manual of Rhino Linings is approved and signed by its Director, on this
7th day of December 2021.
Phil De Wet
______________________________________________
MR. PHILMAR DE WET