MANUAL IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000
For concerns or queries, contact the Coffee Capsules Direct Information Officer (contact details below).
1. LIST OF ACRONYMS AND ABBREVIATIONS
- "CEO": Chief Executive Officer
- "DIO": Deputy Information Officer;
- "IO": Information Officer;
- "Minister": Minister of Justice and Correctional Services;
- "PAIA": Promotion of Access to Information Act 2 of 2000;
- "POPIA": Protection of Personal Information Act 4 of 2013;
- "Regulator": Information Regulator.
2. PREAMBLE AND PURPOSE OF THE MANUAL
2.1 The objective of the Promotion of Access to Information Act, 2000 (“PAIA”) is to give effect to the Constitutional right of access to information (either held by the State or any other person) and where such information is required for the exercise or protection of any right. PAIA therefore gives natural and juristic persons the right of access to Records held by either a private or public body, subject to certain grounds of refusal, in order to enable them to exercise or protect their rights. Coffee Capsules Direct is a private body and for this reason, this Manual will address aspects of the PAIA applicable only in respect of private bodies. Where a request is made in terms of PAIA to a private body and in the event that no grounds of refusal apply, the 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.
2.2 This Manual constitutes Coffee Capsules Direct’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”). POPIA amends certain provisions of PAIA, balancing the need for access to information against the need to ensure the protection of Personal Information.
2.3 This Manual is useful for the public to-
2.3.1 check the categories of Records held by Coffee Capsules Direct which are available without a person having to submit a formal PAIA request;
2.3.2 have a sufficient understanding of how to make a request for access to a Record of Coffee Capsules Direct, by providing a description of the subjects on which the body holds Records and the categories of Records held on each subject;
2.3.3 know the description of the Records of Coffee Capsules Direct which are available in accordance with any other legislation;
2.3.4 access all the relevant contact details of the IO and Deputy IO who will assist the public with the Records they intend to access;
2.3.5 know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
2.3.6 know whether Coffee Capsules Direct will Process Personal Information, the purpose of Processing of Personal Information and the description of the categories of Data Subjects and of the information or categories of information relating thereto;
2.3.7 know the description of the categories of Data Subjects and of the information or categories of information relating thereto;
2.3.8 know the recipients or categories of recipients to whom the Personal Information may be supplied;
2.3.9 know if Coffee Capsules Direct has planned to transfer or Process Personal Information outside the Republic of South Africa and the recipients or categories of recipients to whom the Personal Information may be supplied; and
2.3.10 know whether Coffee Capsules Direct has appropriate security measures to ensure the confidentiality, integrity and availability of the Personal Information which is to be Processed.
3.1 “Coffee Capsules Direct” shall mean Coffee Capsules Direct (Pty) Ltd, a private company registered in terms of the company laws of the Republic of South Africa;
3.2 “Data Subject/s” shall mean any natural or juristic person to whom the Personal Information relates;
3.3 “Device” shall mean tablets, mobile or cellular phones, smartphones, handheld computers, and laptop or notebook computers, including any accompanying software or hardware;
3.4 "Employee/Contractor" shall mean any person who works for or provides services to or on behalf of Coffee Capsules Direct and receives or is entitled to receive remuneration. This includes directors, permanent, temporary and part-time Employees, as well as consultants, and contract workers;
3.5 “PAIA” shall mean the Promotion of Access to Information Act, 2000 including any regulations and/or code of conduct made under that Act;
3.6 "Personal Information" shall mean information relating to an identifiable, living, natural person and where it is applicable, to an identifiable, existing juristic person, including but not limited to-
- information relating to race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, 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;
- an 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;
3.7 “POPIA” shall mean the Protection of Personal Information Act, 2013, including any regulations and/or code of conduct made under that Act;
3.8 "Processing" is any activity that involves use of Personal Information. It includes any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including:
- the collection, receipt, Recording, organisation, collation, storage, updating or
- modification, retrieval, alteration, consultation or use;
- dissemination by means of transmission, distribution or making available in any other form; or
- merging, linking, as well as restriction, degradation, erasure or destruction of Personal Information;
- regardless of form or medium, including any of the following:
- writing on any material;
- information produced, Recorded or stored by means of any tape Recorder, computer equipment, whether hardware or software or both, or other Device, and any material subsequently derived from information so produced, Recorded or stored;
- label, marking or other writing that identifies or describes anything of which it forms part, or to which it is attached by any means;
- book, map, plan, graph or drawing;
- photograph, film, negative, tape or other Device in which one or more visual Images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced;
- in the possession or under the control of a Responsible Party;
- whether or not it was created by a Responsible Party; and
- regardless of when it came into existence.
3.10 “Responsible Party" shall mean a public or private body or any other person which alone or in conjunction with others determines the purpose and means for Processing Personal Information. Such Parties have a responsibility to establish practices and policies in line with POPIA. Coffee Capsules Direct is the Responsible Party of all Personal Information used in its business.
3.11 "Special Personal Information" shall mean Personal Information concerning –
- religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a Data Subject; or
- the criminal behaviour of a Data Subject to the extent that such information relates to –
- the alleged commission by a Data Subject of any offence; or
- any proceedings in respect of any offence allegedly committed by a Data Subject or the disposal of such proceedings.
Coffee Capsules Direct’s details are set out below:
4.1 Coffee Capsules Direct (Pty) Ltd
4.2 Reg No.: 2013/083136/07
4.3 Our CEO: Rowan I.
4.4 Postal address: Unit 4, 15 Dawn Road, Montague Gardens, Cape Town, 7441
4.5 Street address: Unit 4, 15 Dawn Road, Montague Gardens, Cape Town, 7441
4.6 Contact number: +27 (0)78 296 0389
5. CONTACT DETAILS OF THE INFORMATION OFFICER
5.1 Our organisation’s and Information Officer’s details are on our website or available on request. Our Information Officer is Rowan I.
5.1.1 Email address: email@example.com
5.1.2 Postal address: Unit 4, 15 Dawn Road, Montague Gardens, Cape Town, 7441
5.1.3 Street address: Unit 4, 15 Dawn Road, Montague Gardens, Cape Town, 7441
5.1.4 Contact number: +27 (0)78 296 0389.
6. A GUIDE ON PAIA AND THE INFORMATION REGULATOR
6.1 Section 10 of PAIA provides that the Information Regulator must create and publish a Guide on how to use the PAIA. This Guide provides information on the objectives of the Act, information on public and private bodies, all remedies in law that are available in the event of a failure to act in terms of a right or duty conferred or imposed by PAIA, information regarding fees to be paid in respect of requests for access to a Record etc.
6.2 This Guide is available in each official language of South Africa and in braille, and has been published on the website of the Regulator. It can be accessed via the following link: https://www.justice.gov.za/inforeg/docs/misc/PAIA-Guide-English_20210905.pdf.
6.3 Further information on the Regulator can be accessed on its website at: www.inforegulator.org.za
7. NOTICES IN TERMS OF SECTION 52(2) OF PAIA
7.1 In terms of section 52(1) of PAIA, a private body may, on a voluntary basis, provide the Minister with information regarding categories of Records that are automatically available without a person having to request access in terms of PAIA. In terms of section 52(2), the Minister must, by notice in the Gazette, publish such information.
7.2 We have not published such notice with the Regulator. Therefore, except for the Records listed in Section 8.2 below, we will grant access to our Records only in terms of this Manual.
8. OUR RECORDS
8.1 We hold Records for the purposes of PAIA in accordance with the following legislation, among others:
- Basic Conditions of Employment Act 75 of 1997;
- Broad-Based Black Economic Empowerment Act 53 of 2003;
- Companies Act 71 of 2008;
- Compensation for Occupational Injuries and Diseases Act 130 of 1993;
- Competition Act 89 of 1998;
- Consumer Protection Act, 68 of 2008;
- Electronic Communications and Transaction Act 25 of 2002;
- Employment Equity Act 55 of 1998;
- Income Tax Act 58 of 1962;
- Labour Relations Act 66 of 1995;
- Occupational Health and Safety Act 85 of 1993;
- Promotion of Access to Information Act, 2000;
- Protection of Personal Information Act, 2013;
- Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002;
- Unemployment Insurance Act 63 of 2001;
- Unemployment Insurance Contributions Act 4 of 2002;
- Value Added Tax Act 89 of 1991.
*Kindly note that the above is not an exhaustive list.
8.2 Records automatically available without a PAIA request:
The Records that are located on the Coffee Capsules Direct website are automatically available and accessible to any person. It is not necessary to apply for access thereto in terms of PAIA.
8.3 Other Records (subject to a PAIA request):
Coffee Capsules Direct is a private company and as such is not compelled to share many Records which are held confidentially.
The following Records are not automatically available without a request in terms of PAIA. A request made in terms of PAIA for Records in any of the categories below may be refused in accordance with any of the grounds of refusal as set out in PAIA.
- Company Records:
- Company incorporation documents;
- Memorandum of Incorporation;
- Records relating to the appointment of directors, auditors, and other officers.
- Confidential Information
- Personnel Records:
- Personnel documents and Records;
- Contractor Agreements;
- Salary Records;
- Disciplinary code and/or procedures;
- Training Records;
- Retirement annuity membership and staff Information
- Training Manuals.
- Financial Records:
- Receipts and Payments;
- Bank statements;
- A list of the company's debtors and creditors;
- Risk/Compliance Records:
- Policies and procedures;
- Risk assessment;
- Compliance Records.
- Tax Records:
- Any statutory compliance Records.
- Personal Information:
- Coffee Capsules Direct Processes the following Personal Information relating to the following categories of Data Subjects, including but not limited to:
Natural Persons (as representatives of Juristic Persons)
Name, surname, telephone numbers, email address.
Juristic Persons (Coffee Capsules Direct’s corporate Clients)
Entity name, registration number, tax-related information, contact details for representatives, banking information including account numbers.
Directors/Employees/Contractors/New or Possible New Recruitments
Name, surname, South African identity number or other identifying number, contact details, physical and postal address, date of birth, age, marital status, race, disability, information, employment history, criminal background, CVs, education history, banking details, income tax reference number, remuneration information, details related to employee performance, disciplinary procedure information.
Service Providers/Hosted Services
Entity name, payment information including bank account numbers, invoices, contractual agreements, addresses, contact details.
9. PROCESS FOR REQUESTING ACCESS TO A RECORD IN TERMS OF PAIA
9.1 Complete the prescribed form attached to this Manual as Annexure 1, including the following information:
9.1.1 The requestor must provide sufficient detail to the Information Officer regarding the identity of the Record(s) requested and of the requestor.
9.1.2 The requestor must indicate which form of access is required, identify the right that he/she is seeking to exercise or protect and provide an explanation of why the requested Record is required for the exercise or protection of that right.
9.1.3 If the request is made on behalf of another person, the requestor must submit proof of the capacity in which the requestor is making the request, to the reasonable satisfaction of the Information Officer.
9.2 Submit the completed form to the Information Officer via the contact details provided above.
9.3.1 PAIA makes provision for certain grounds upon which a request for access to information must be refused.
9.3.2 On this basis, the Information Officer will decide whether or not to grant a request for access to information.
10. TIME-PERIODS AND FEES
10.1 Our Information Officer will inform the requester within 30 days after receipt of the request of its decision whether or not to grant the request. The aforementioned period may be extended by a further period of not more than 30 days if the request is for a large number of Records or requires a search through a large number of Records and compliance with the original period would unreasonably interfere with the activities of Coffee Capsules Direct or the Records are not located at Coffee Capsules Direct’s offices.
10.2 In terms of POPIA, a Data Subject has the right to request Our Information Officer to confirm, free of charge, whether or it holds Personal Information about the Data Subject and request from Our Information Officer the Record or a description of the Personal Information held, including information about the identity of all third parties, or categories of third parties, who have, or have had, access to the information. However, under PAIA, there are two types of fees payable in respect of a request made for access to information in terms of PAIA:
- a request fee, which will be a standard non-refundable administration fee, payable prior to the request being considered; and
- an access fee, payable when access is granted which must be calculated by taking into account reproduction costs, search and preparation time and cost, as well as postal costs.
- You are exempt from paying any prescribed fee where you are requesting access to your own Personal Information that We hold.
10.3 After receiving a request, the Information Officer shall by notice require the requester, excluding a personal requester, to pay the prescribed request fee (if any), before further Processing of the request. See Annexure 2 for the fee structure.
10.4 If the search for and preparation for disclosure of the Record has been made, including arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, Our Information Officer will request the requester to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted.
10.5 We may withhold a Record until the requester has paid the fees as indicated in Annexure 2.
10.6 A requester whose request has been granted must pay the applicable access fee for reproduction, search, 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.
11. GROUNDS OF REFUSAL IN RESPECT OF A REQUEST FOR ACCESS TO INFORMATION
11.1 Section 62 to 69 of PAIA provide for the following grounds of refusal in respect of a request for access to information:
- protection of privacy to a third party who is a natural person;
- protection of the commercial information of a third party;
- protection of certain confidential information of a third person;
- protection of the safety of individuals and the protection of property;
- protection of Records privileged from production and legal proceedings;
- the commercial information and activities of Coffee Capsules Direct;
- the protection of research information of a third party and of Coffee Capsules Direct; and
- any other ground legally available on which to refuse access to the information requested.
11.2 In the event that the requester is dissatisfied with Our Information Officer’s decision, the requester may, within 30 days after notification of the refusal, apply to a relevant Court for the appropriate relief.
11.3 However, PAIA provides that, notwithstanding any provisions contained in the PAIA, a request must be granted if the disclosure of the Record would reveal evidence of substantial contravention of, or failure to comply with, the law or imminent and serious public safety or environment risk, and the public interest in disclosing the Record clearly outweighs the harm contemplated in terms of section 70 of PAIA.
12. ACCESSABILITY OF THE MANUAL
12.1 The Coffee Capsules Direct PAIA Manual is available in both electronic and hard copy format (only available in English). Hard copies are available at the physical address of Coffee Capsules Direct, as provided above. An electronic version of this Manual is available on the Coffee Capsules Direct website: https://coffeecapsulesdirect.co.za/