PAIA MANUAL 


in terms of Section 51 of
The Promotion of Access to Information Act, 2 of 2000

[/fusion_title]

This Manual provides information on the records held and the process that is to be followed to request access to such records.

Version: August 2021

Index

Contents

  1. INTRODUCTION
  2. COMPANY CONTACT DETAILS AND INFORMATION OFFICER
  3. OUR RECORDS

3.1. RECORDS WHICH ARE AUTOMATICALLY ACCESSIBLE

3.2. VOLUNTARY DISCLOSURE OF RECORDS

3.3. OTHER RECORDS

  1. ACCESS TO OUR RECORDS

4.1. YOUR RIGHT OF ACCESS

4.2. OUR RIGHT TO REFUSE ACCESS

4.3 NOTICE IN TERMS OF SECTION 52 OF THE ACT

4.4 SOUTH AFRICAN HUMAN RIGHTS COMMISSION: SECTION 10 GUIDE

  1. HOW TO APPLY FOR ACCESS

5.1. FILL IN A REQUEST FORM

5.2 SUBMIT THE FORM AND THE REQUEST FEE

5.3 WE WILL RESPOND

1. INTRODUCTION

VDMV refers to a group of companies that is involved with property management, private equity and property development. The Group’s activities are further listed and described on their website at www.vdmv.co.za. In this document, the group is referred to as VDMV.

2. COMPANY CONTACT DETAILS AND INFORMATION OFFICER

2.1 The directors of VDMV are:

Izak van der Merwe, Gary Luyt, Xander Rau, Tyrone Kleinjan, Paul Stevens and Neil Van Rensburg

2.2 The CEO is:

Izak van der Merwe

2.3 Company Postal Address:

First Floor, Block B

Oxford Gate Business Park

54 Oxford Street, Durbanville, 7550

2.4 The Information Officers are:

Cherise van Rensburg

Vera Strauss

2.5 It is recorded further that PAIA prescribes the appointment of an Information Officer for private bodies where such Information Officer is responsible to, inter alia, assess request for access to information. The head of a private body fulfils such a function in terms of section 51. VDMV has appointed the persons listed in 2.4 above as Information Officers.

2.6 The Information Officers appointed in terms of PAIA also refers to the Information Officer as referred to in the Protection of Personal Information Act 4 of 2013. The Information Officer oversees the functions and responsibilities as required for in terms of both this Act as well as the duties and responsibilities in terms of section 55 of the Protection of Personal Information Act 4 of 2013 after registering with the Information Regulator.

2.7 The Information Officer may appoint, where it is deemed necessary, Deputy Information Officers, as allowed in terms of section 17 of the Act as well as section 56 of the Protection of Personal Information Act 4 of 2013.

2.8 All requests for information in terms of this Act must be addressed to the Information Officers.

3. OUR RECORDS

3.1. RECORDS WHICH ARE AUTOMATICALLY ACCESSIBLE

Records which we hold in terms of the following Acts of Parliament are automatically accessible in terms of these laws:

  • Basic Conditions of Employment Act (Act 75 of 1997)
  • Companies Act (Act 71 of 2008)
  • Compensation for Occupational Injuries and Disease Act (Act 130 of 1993)
  • Employment Equity Act (Act 55 of 1998)
  • Financial Intelligence Centre Act (Act 38 of 2001)
  • Income Tax Act (Act 58 of 1962)
  • Labour Relations Act (Act 66 of 1995)
  • Money Laundering & Terrorist Financing Control Regulations (2002/2005)
  • Occupational Health and Safety Act (Act 85 of 1993)
  • Protection of Personal Information Act (Act 4 of 2013);
  • Skills Development Act (Act 97 of 1998)
  • Skills Development Levies Act (Act 9 of 1999)
  • Unemployment Insurance Act (Act 63 of 2001)
  • Unemployment Contributions Act (Act 4 of 2002)
  • Value Added Tax Act (Act 89 of 1991)

3.2. VOLUNTARY DISCLOSURE OF RECORDS

The following records and information are freely available on request:

  • General information about our operations;
  • Everything that appears on our website at www.vdmv.co.za.

3.3. OTHER RECORDS

We also hold the following records, which are not automatically accessible. If you require access to any of them, you will need to follow the procedure in section 4 of this manual:

  • Correspondence
    • general correspondence
  • Financial
    • company account records
    • tax records
    • receipts issued
  • Financial Intelligence
    • verification records
    • reports (if any) submitted to the Financial Intelligence Centre
  • Meetings
    • minutes of meetings
  • Legal
    • records of legal matters
  • Personnel
    • personnel files for current employees and agents
    • personnel files for ex-employees and agents who left during the past three years

4. ACCESS TO OUR RECORDS

4.1. YOUR RIGHT OF ACCESS

The Promotion of Access to Information Act 2 of 2000 (“the Act”) entitles you to have access to our records, provided that:

  • you need access to exercise or protect any of your rights;
  • you apply for access according to the procedure set out in this manual, and
  • we do not have grounds for refusing you access.

4.2. OUR RIGHT TO REFUSE ACCESS

We have the right to refuse you access to our records if any of the following grounds apply:

  • the record would unreasonably disclose personal information about a third party, including a deceased individual (unless that third party or a representative of the deceased gives written permission for access),
  • the record contains (a) trade secrets, or (b) financial, commercial, scientific or technical information, or (c) information about research by a third party, which could put that third party at a disadvantage in a negotiation or prejudice him in competition (unless that third party gives written permission for access),
  • access would put us in breach of a duty of confidence which we owe to a third party (unless that third party gives written permission for access),
  • access could reasonably be expected to (a) endanger someone’s life or physical safety, or (b) prejudice or impair the security of a building, structure, system, means of transport or other property,
  • the record is privileged from being produced as evidence in legal proceedings (unless the person protected by the privilege has waived that protection);
  • access would contravene our obligations under the Protection of Personal Information Act 4 of 2013.

4.3 NOTICE IN TERMS OF SECTION 52 OF THE ACT

We have not gazetted any notices in terms of Section 52 of the Act. This means that, except for those items listed in sections 3.1 and 3.2 of this manual, we will grant access to our records only in terms of this manual.

4.4 SOUTH AFRICAN HUMAN RIGHTS COMMISSION: SECTION 10 GUIDE

This PAIA Manual complies with the requirements of guide mentioned in section 10 of PAIA and recognises 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 private and public bodies

5. HOW TO APPLY FOR ACCESS

5.1. FILL IN A REQUEST FORM

If you want to obtain access to any of the records listed in this manual, you should fill in the application form contained in section 7 of this manual.

5.2 SUBMIT THE FORM AND THE REQUEST FEE

Hand in your completed application form, and a non-refundable request fee of R50.00 + VAT at our office. If you are an employee or ex-employee requesting access to your personnel record, then you don’t have to pay the request fee.

If you cannot visit our office in person, you can post the form and fee to us, or you can contact us to make alternative arrangements.

5.3 WE WILL RESPOND

We will consider your request and let you know our decision, in writing, not more than 30 days after we receive your request.

Our response will probably be one of the following:

  • Your application does not contain enough information to enable us to search for the record you want. Please provide additional details.
  • It is going to take us more than six hours to search through our records, and before we do so you must pay us a deposit of R60.00 (plus VAT).
  • We have found the record you’re looking for, and you may have access to it, on payment of:
    • An access fee of R30.00 (+ VAT) per hour for the time that it took us to find the record (less any deposit which you have already paid), and
    • A reproduction fee for making photocopies or printouts or copying the record onto a stiffy disc or CD – the fees are set out in section 6 of this manual
      • Note: we will not charge fees to an employee or ex-employee requesting access to his/her personnel record.
  • You may not have access to the record you want, for reasons which we will state in our reply. If you have paid a deposit, we will refund it (but not the request fee).
  • We have searched for the record and cannot find it. We will give you an affidavit explaining what steps we took to try and find the record. Should the missing record later come to light, we will notify you.