PAIA Manual South Africa

MEDIACOM SOUTH AFRICA

(Registration number: 1970/005468/07)

MANUAL ISSUED IN TERMS OF:

SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 (PAIA) READ WITH

THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 (POPIA)

CONTENTS

  1. Introduction
  2. Contact details
  3. Guide on how to use PAIA
  4. Records available in terms of any other legislation
  5. Access to records
  6. The request procedure and fees
  7. Other information as may be prescribed
  8. Availability of the Manual
  9. Acknowledgment
  1. Introduction

This Manual (the Manual) has been compiled in accordance with the requirements of PAIA, read with the relevant sections of POPIA.

Mediacom (the Company) is a private body as defined in PAIA, and this Manual contains the information specified in section 51 of PAIA, which is applicable to such a private body.

The Company is a global Media Agency. We help people, brands and businesses unleash their growth potential through media. We help clients unlock growth by Seeing the Bigger Picture. Seeing the Bigger Picture means that our network of 8,000 people help our clients look beyond the boundaries of traditional media to uncover new ideas and unlock growth. We challenge conventional thinking to build, optimise and drive our clients’ businesses forward at scale, as well as leading our industry in critical areas such as equity, inclusion and sustainability.

A copy of the Manual will be made available to the Information Regulator, upon request, and any controlling body of which the Company is a member, if required, and will be published on the Company’s website.

The Manual will be updated on a regular basis in accordance with the requirements of section 51(2) of PAIA.

  1. Contact Details

In accordance with her letter of authorisation, Claudelle Naidoo is regarded as the head of the Company for purposes of PAIA, as well as the Company’s information officer for purposes of POPIA

In addition, Shaina Bobat has been designated as deputy information officer for purposes of PAIA and POPIA (referred to as deputy information officer or DIO).

Their contact details are as follows:

Information Officer (IO):

Telephone: +27 27 878 7464

E-mail: [email protected]

Deputy Information Officer (DIO):

Telephone: +27 82 444 8053

Email: [email protected]

Postal address:

PRIVATE BAG X168,

Rivonia

2128

Physical address:

The Base

3012A William Nicol Drive

2191

Rivonia

South Africa

  1. Guide on how to use PAIA

PAIA grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request for information from the Company, the public body must be acting in the public interest. Requests in terms of PAIA shall be made in accordance with the prescribed procedures, at the rates provided.

The South Africa Human Rights Commission (SAHRC) has, in terms of section 10 of PAIA, compiled in each official language, a guide containing information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA. The guide is currently available from the SAHRC and can be found on its website here: https://www.sahrc.org.za/index.php/understanding-paia.

With effect from 1 July 20201, enforcement of PAIA will fall under the jurisdiction of the Information Regulator established in terms of POPIA. This Manual will be updated, as necessary, to include details of any amended guide that may be made available by the Information Regulator in terms of section 10 of PAIA. The contact details for the Information Regulator are (at present) as follows:

The Information Regulator (South Africa)

JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001

Postal Address: P.O Box 31533, Braamfontein, Johannesburg, 2017

Telephone number: +27 (0)10 023-5200 / +27 (0)82 746-4173

Website: https://www.justice.gov.za/inforeg/index.html

E-mail: [email protected] / [email protected]

  1. Records available in terms of any other legislation

The Company holds details of its own registration, together with its financial statements, information pertaining to its directors and shareholders and other corporate information required to be retained in terms of the Companies Act, 2008.

It holds information relating to its tax affairs in terms of the Income Tax Act, 1962 (the ITA), the Tax Administration Act, 2011, the Value Added Tax Act, 1991 as well as the Unemployment Insurance Contributions Act, 2002 and the Skills Development Levies Act, 1999.

The Company holds information pertaining to its employees as required in terms of applicable employment and other relevant legislation including the Basic Conditions of Employment Act, 1997, the Labour Relations Act, 1995, the Employment Equity Act, 1998, the Occupational Health and Safety Act, 1993, the Compensation for Occupational Injuries and Diseases Act, 1993, the Immigration Act, 2002 and the ITA.

The Company holds information pertaining to its clients in terms of the Financial Intelligence Centre Act, 2001.

  1. Access to records
    1. No ministerial notice has been published in terms of section 52(2) of PAIA.
    2. For purposes of facilitating a request in terms of PAIA, the information below includes a description of the subjects on which the Company holds records and the categories into which these fall.
      This information is not exhaustive and may be amended from time to time.
    3. Certain records are available without having to be requested in terms of the request procedures set out in PAIA and detailed in paragraph 6 of the Manual below. A request for access to records held by the Company in terms of section 52 of PAIA must be made on the form contained in the Regulations regarding the Promotion of Access to Information (Form E). A copy of the form is attached as Schedule A to the Manual.
    4. Subject to the provisions of PAIA, information may be inspected, collected, purchased or copied at the offices of the Company and, unless the records are available on the Company’s website, an appointment to view the records will have to be made with the information officer or the deputy information officer. The schedule of reproduction fees in relation to a section 52 information request are set out in paragraph 6.2.2 below.

Categories of record of the Company which are available to a person without having to request access in terms of PAIA

Category

Description

Format

Maintained by

Stored at

Retention period

Information in the public domain

Incorporation documents

Hard copy and electronic copy

IO / DIO

Physical Address

Indefinite

B-BBEE certificate

Hard copy and electronic copy

IO / DIO

Physical Address

Indefinite

Annual reports

Hard copy and electronic copy

IO / DIO

Physical Address

7 years

Audited financial statements

Hard copy and electronic copy

IO / DIO

Physical Address

7 years

Public statements and communications

Hard copy and electronic copy

IO / DIO

Physical Address

Indefinite

Employment Equity Report

Hard copy and electronic copy

IO / DIO

Physical Address

5 years

General information pertaining to the Company and information regarding the services rendered

Hard copy and electronic copy

IO / DIO

Physical Address

Indefinite

  1. The records listed below, which need to be requested in terms of PAIA and/or POPIA, will not in all instances be provided to a requester. In other words, the records held under the various subjects are not automatically available and access to them is subject to the nature of the information contained in the record, as well as the grounds of refusal as set out in PAIA that may be applicable to a request for such records. (See also paragraph 6.1.4 below.) The procedure in terms of which such records may be requested from the Company is set out in paragraph 6.1 below.
  2. Categories of records that may be requested in terms of PAIA and/or POPIA:

Category

Description

Format

Maintained by

Retention period

Finance and administration

Company registration records;

Bank account records;

Books and records of account and financial statements;

Annual budget;

VAT, SITE and PAYE records;

Asset registers;

Details of auditors;

External auditor reports;

Information pertaining to clients as required in terms of the Financial Intelligence Centre Act;

Minutes of the meetings of the Company (non-confidential parts);

Minutes of the meetings of committees/
subcommittees;

Minutes of staff meetings and/or management meetings.

Hard copy and electronic copy

IO / DIO

Indefinite / as required in terms of applicable legislation / as required in terms of applicable contracts

Management

Minutes of meetings of the Executive Committee and subcommittees;

Internal correspondence;

Resolutions and directives; internal investigation reports;

Policies, procedures, and codes;

Travel management and arrangements.

Hard copy and electronic copy

IO / DIO

Indefinite / as required in terms of applicable legislation / as required in terms of applicable contracts

Human Resources

Organisational information (organisational structure, etc.);

Personnel files;

Contracts, conditions of service and other agreements;

Statutory employee records;

Records of background checks (including qualification, credit and criminal record checks);

Immigration documentation;

Retirement fund records;

Medical aid records;

Budget projections in respect of staff;

Employee leave records;

Employee payments and benefits (statutory and contractual);

Correspondence with or about employees;

Performance management records;

Records of disciplinary hearings and findings;

Records of incapacity proceedings, including medical information;

Records of occupational injuries and diseases;

Employee declarations in terms of the EEA.

Hard copy and electronic copy

IO / DIO

As required in terms of applicable legislation / contracts of employment

Relationships with third parties

Agreements with stakeholders;

Service level agreements with suppliers;

Contact details of suppliers;

Tender and bid documentation;

Service level agreements;

Details of customers / clients including contact details, details pertaining to transactions, loyalty programmes, etc.;

Licences and general conditions for conducting business.

Hard copy and electronic copy

IO / DIO

Indefinite / as required in terms of applicable legislation / as required in terms of applicable contracts

Information technology

Computer software;

Support and maintenance agreements;

Licensing agreements;

Records regarding computer systems and programmes.

Hard copy and electronic copy

IO / DIO

Indefinite / as required in terms of applicable legislation / as required in terms of applicable contracts

Property

Asset registers;

Lease agreements in respect of immoveable property;

Records regarding insurance in respect of movable or immoveable property.

Hard copy and electronic copy

IO / DIO

Indefinite / as required in terms of applicable legislation / as required in terms of applicable contracts

Legal

Litigation;

Appeals;

Contracts and memoranda of understanding;

Regulatory permissions, licenses, and/or exemptions.

Hard copy and electronic copy

IO / DIO

Indefinite / as required in terms of applicable legislation / as required in terms of applicable contracts

  1. 1.4 For purposes of POPIA:
    1. For the purposes of facilitating a request for personal information, the information below includes details of the purpose of the processing of personal information by the Company, a description of the categories of data subjects and of the information or categories of information relating to data subjects held by the Company, the recipients or categories of recipients to whom personal information may be supplied, planned transborder flows of personal information, and a general description allowing a preliminary assessment of the suitability of the information security measures to be implemented by the Company to ensure the confidentiality, integrity and availability of the information which is to be processed.
    2. In terms of POPIA, a requester to whom certain personal information relates may request the Company to confirm, free of charge, whether or not it holds personal information about that particular requester.
    3. A requester may make a request that the Company provides the record or a description of the personal information about the requester which is held by it, including information about the identity of third parties, or categories of third parties, who have, or have had, access to the information. This request must be made within a reasonable time, in a reasonable manner, and format, at a fee, and in a form that is generally understandable.
    4. Categories of data subjects and categories of personal information relating thereto:

Data subjects

Categories of information

Employees

Human resources information (see above)

Applicants for employment

Contact details

Recruitment records

Referees

Contact details

Views or opinions provided about applicants for employment

Alumni / previous employees

Contact details

Human resources information, as required to be retained post-termination of employment (see above)

Clients

Company registration details

Contact details

Take-on information in terms of the Financial Intelligence Centre Act, 2001

Details of services provided and fees charged

Demographic information

Contractors / suppliers

Company registration details

Contact details and banking details

Details of services rendered and fees paid

Demographic information


  1. Purposes of processing:

Data subject category

Broad description of purposes of processing

Applicants for employment;

To carry out actions for the consideration of an application for employment;

To carry out actions necessary for the conclusion of an employment contract;

To ensure compliance with an obligation imposed by law on the Company;

To pursue the legitimate interests of the Company.

Employees

To carry out actions necessary for the performance of the employment contract;

To ensure compliance with an obligation imposed by law on the Company;

To pursue the legitimate interests of the Company or a third party to whom the information is supplied.

Alumni

To ensure compliance with an obligation imposed by law on the Company;

To pursue the legitimate interests of the Company or a third party to whom the information is supplied.

Referees

To carry out actions for the consideration of an application for employment.

Clients

To carry out actions necessary for the performance of the services contract;

To ensure compliance with an obligation imposed by law on the Company;

To pursue the legitimate interests of the Company or a third party to whom the information is supplied.

Contractors / service providers

To carry out actions necessary for the performance of the services contract;

To ensure compliance with an obligation imposed by law on the Company;

To pursue the legitimate interests of the Company or a third party to whom the information is supplied.


  1. Likely recipients:

Data subjects

Likely recipients

Applicants for employment;

Employees;

Alumni.

Human resources department

Finance department

Line management

Exco

Referees

Human resources department

Line management

Exco

Clients

Marketing department

Employees working on client mandates

Exco

Contractors / Service providers

Finance department

Exco

Facilities management department

  1. Planned transborder flows of personal information:
    1. No
  2. General description of information security measures:
Technical measures
Organisational measures
Firewall, VPN, Double verification secure access
Access restriction on folders containing personal information
  1. The Request Procedure
    1. Form of request
      1. A request for access to records held by the Company in terms of section 53 of PAIA must be made on the form contained in the Regulations regarding the Promotion of Access to Information (Form C). A copy of the form is attached as Schedule B to the Manual. The request must be made to the [information officer / deputy information officer] of the Company at the address, telefax number or e-mail address specified in paragraph 2 above.
      2. The requester must provide sufficient detail on the prescribed form to enable the [information officer / deputy information officer] of the Company to identify the record and the identity of the requester. If a request is made on behalf of another person or entity, the requester must submit details and proof of the capacity in which the requester is making the request, which must be reasonably satisfactory to the [information officer / deputy information officer]. The requester is also required to indicate which form of access to the relevant records is required, and to provide her/his/its contact details in South Africa.
      3. For the purposes of Form C, the requester must comply with all the procedural requirements in PAIA relating to a request for access to the relevant records.
      4. The Company may, and must in certain instances, refuse access to records on any of the grounds set out in Chapter 4 of Part 3 of PAIA. These grounds include: that access would result in the unreasonable disclosure of personal information about a third party, that it is necessary to protect the commercial information of a third party or the Company itself, that it is necessary to protect the confidential information of a third party, that it is necessary to protect the safety of individuals or property, that a record constitutes privileged information for legal proceedings, or that it is necessary to protect the research information of a third party or the Company itself.
      5. If all reasonable steps have been taken to find a record that a requester has requested, and there are reasonable grounds for believing that the record is in the Company’s possession but cannot be found, or it does not exist, then the information officer or deputy information officer will, by way of an affidavit or affirmation, notify the requester that it is not possible to give access to that record.
      6. The Company is required to inform a requester in writing of its decision in relation to a request. If the requester wishes to be informed of the Company’s decision in another manner as well, this must be set out in the request and the relevant details included in order to allow the Company to inform the requester in the preferred manner.
      7. The Company will make a decision in relation to a request for records within 30 days of receiving it, unless a third party notification and intervention, as contemplated in Chapter 5 of PAIA, applies.
    2. Fees
      1. A requester who seeks access to records containing personal information about her/him/it, is not required to pay a request fee. Requesters who earn less than R14,712.00 per year (if single) and R27,192 per year (if married or in a life partnership), do not have to pay access fees. In all other instances, a request fee at the prescribed rate is payable.
      2. The fees for reproduction of information that is automatically available from the Company, referred to in paragraph 5.5 above (a section 52 request), are as follows:

(a)

For every photocopy of an A4-size page or part thereof

R1,10

(b)

For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form

R0,75

(c)

For a copy in a computer-readable form on:

(i) Compact disk

R70.00

(d)

For a transcription of visual images, for an A4-size page or part thereof

R40.00

(ii) For a copy of visual images

R60.00

(e)

(i) For a transcription of an audio record, for an A4-size page or part thereof

R20.00

(ii) For a copy of an audio record

R30.00

  1. The request fee and fees for reproduction for information which needs to be requested in terms of PAIA and/or POPIA, referred to in paragraph 5.8 above (a section 53 request) are as follows:

Request Fee

R50.00

(a)

For every photocopy of an A4-size page or part thereof

R1,10

(b)

For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable audio record form

R0,75

(c)

For copy in a computer-readable form on:

(i) compact disc

R70

(d)

(i) For a transcription of visual images, for an A4-size page or part thereof

R40

(ii) For a copy of visual images

R60

(e)

(i) For a transcription of an audio record, for an A4-size page or part thereof

R20

(ii) For a copy of an audio record

R30

  1. The request fee may be paid at the time a request is made or the person authorised to deal with such requests on the Company’s behalf may notify the requester that s/he/it needs to pay the request fee before processing the request any further. A requester may apply to the court to be exempted from the requirement to pay the request fee.
  2. Where a request for access to a record or records held by the Company is granted, the requester also has to pay an access fee for the reproduction of the record or records, and for the search for and the preparation of the records for disclosure. The Company is entitled to withhold a record until the required access fees have been paid.
  3. Persons who are requesting access to their personal information are exempt from paying a request fee but they are still required to pay the access fee and reproduction fee, if applicable.
  4. In addition, if the search for and preparation of the record or records requested takes more than 6 hours, the Company may charge R30.00 for each hour or part thereof which is required for the search for and preparation of the records. The requester may make an application to the court to be exempted from the requirement to pay this deposit. If a deposit is made and access to the records requested is subsequently refused, the deposit will be repaid to the requester.

The Company does not have an internal appeal procedure. As such, the decision made by the information officer or deputy information officer is final, and requestors 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 answer supplied by the information officer or deputy information officer.

  1. External remedy

Where a requester is not satisfied by a decision made by information officer or deputy information officer of the Company, s/he/it may apply to court for relief within 180 days of receiving the decision that has caused the grievance. The application can be made to a Magistrate’s Court or High Court.

  1. Other information as may be prescribed

Currently, the Regulations published in terms of PAIA, under Government Notice R187 in Government Gazette 23119 of 15 February 2002, set out, among other things, the fees which may be charged by private bodies for the reproduction of records (provided in the table above). No new Regulations have since been published and the last amendments to the Regulations were made in April 2021.

  1. Availability of the Manual

This Manual is available at the offices of the Company at the address set out in paragraph 2 above, as well as on the Company’s website.

  1. Acknowledgement

The Manual has been based on an original template supplied by the SAHRC.


SCHEDULE A

AUTOMATICALLY AVAILABLE RECORDS AND ACCESS TO SUCH RECORDS:

(Section 52 of the Promotion of Access to Information Act, 2000)

(the PAIA)

[Regulation 9A]

DESCRIPTION OF CATEGORY OF RECORDS AUTOMATICALLY AVAILABLE IN TERMS OF SECTION 15(1)(a) OF THE PAIA

MANNER OF ACCESS TO RECORDS (e.g. website) (SECTION 15(1)(b))

FOR INSPECTION IN TERMS OF SECTION 52(1)(a)(i):

FOR PURCHASING IN TERMS OF SECTION 52(1)(a)(ii):

FOR COPYING IN TERMS OF SECTION 52(1)(a)(ii)

AVAILABLE FREE OF CHARGE IN TERMS OF SECTION 52(1)(a)(ii)


SCHEDULE B

REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY

(Section 53(1) of the Promotion of Access to Information Act, 2000)

[Regulation 10]

  1. Particulars of private body:

The Information Officer / Deputy Information Officer:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  1. Particulars of person requesting access to the record:

(a) The particulars of the person who requests access to the record must be given below.

(b) The address and / or fax number in the republic to which the information is to be sent must be given.

(c) Proof of the capacity in which the request is made, if applicable, must be attached.

Full names and surname: ID:

Postal address:

Telephone number: Fax number: __________________________

E-mail address:

Capacity when made on behalf of another person: _______________________________________________

  1. Particulars of person on whose behalf request is made

This section must be completed only if a request for information is made on behalf of another person.

Full names and surname:

Identity number:

  1. Particulars of record

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. The requester must sign all the additional pages.

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

1. Description of record or relevant part of the record: ________________________________________________

____________________________________________________________________________________________________

2. Reference number, if available: ___________________________________________________________________

3. Any further particulars of record: ___________________________________________________________________

______________________________________________________________________________________________________

  1. Fees
    • A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
    • You will be notified of the amount required to be paid as the request fee.
    • 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.
    • If you qualify for exemption of the payment fee, please state the reason for exemption:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

(Reason for exemption from payment of fees)

  1. Form of access to record

If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 below, state your disability and indicate in which form the record is required.

Disability: Form in which record is required: ___________________________________

NOTES:

Mark the appropriate box below with an X.

  • Compliance with your request in the specified form may depend on the form in which the record is available.
  • Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
  • The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.
  1. If the record is in written or printed form:

Copy of record*

Inspection of record

  1. If record consists of visual images (includes photographs, slides, video recordings, computer-generated images, sketches, etc.):

View the images

Copy of the images*

Transcription of the images*

  1. If record consists of recorded words or information which can be reproduced in sound

Listen to the soundtrack (audio cassette / recording)

Transcription of soundtrack* (written or printed document)

4. If record consists of recorded words or information which can be reproduced in sound

Printed copy of record*

Printed copy of information derived from the record*

Copy in computer readable form* (compact disk or memory stick)

* If you require a copy or transcription of record (above), do you wish the copy or transcription to be posted to you? (yes / no) ______________________ (postage is payable).

  1. 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 folios.

  1. Indicate which right is to be exercised or protected:

_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2. Explain why the record requested is required for the exercise or protection of the aforementioned right:

_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  1. Notice of decision regarding request for access

You will be notified in writing within 30 days whether your request has been approved / denied. Such period may, in certain circumstances, be extended in terms of PAIA. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your request for access to the record?

Email

Telephonically

Other (specify)

Signed at________________________ this ____ day of _________________________ 20___

___________________________________________

SIGNATURE OF REQUESTER /

PERSON ON WHOSE BEHALF REQUEST IS MADE