PAIA - Remgro Limited

Remgro Limited / PAIA

(This Manual pertains to Remgro Limited and the group companies listed in Annexure A hereto hereinafter collectively referred to as “Remgro”)

THE PROMOTION OF ACCESS TO INFORMATION MANUAL (“MANUAL”)

1. PREAMBLE

The Promotion of Access to Information Act, 2000 (“PAIA“) came into operation on 9 March 2001. PAIA seeks, among other things, to give effect to the Constitutional right of access to any information held by the State or by any other person where such information is required for the exercise or protection of any right and gives natural and juristic persons the right of access to records held by either a private or public body, subject to certain limitations, in order to enable them to exercise or protect their rights. Where a request is made in terms of PAIA to a private body, that 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, and provided that no grounds of refusal contained in PAIA are applicable. PAIA sets out the requisite procedural issues attached to information requests.

Section 51 of PAIA obliges private bodies to compile a manual to enable a person to obtain access to information held by such private body and stipulates the minimum requirements that the manual has to comply with.

This Manual constitutes Remgro’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“), which gives effect to everyone’s Constitutional right to privacy. POPIA promotes the protection of personal information processed by public and private bodies, including certain conditions so as to establish minimum requirements for the processing of personal information. POPIA amends certain provisions of PAIA, balancing the need for access to information against the need to ensure the protection of personal information by providing for the establishment of an Information Regulator to exercise certain powers and perform certain duties and functions in terms of POPIA and PAIA, providing for the issuing of codes of conduct and providing for the rights of persons regarding unsolicited electronic communications and automated decision making in order to regulate the flow of personal information and to provide for matters concerned therewith.

This PAIA manual also includes information on the submission of objections to the processing of personal information and requests to delete or destroy personal information or records thereof in terms of POPIA.

2. ABOUT REMGRO

Originally established in the 1940s by the late Dr Anton Rupert, Remgro’s investment portfolio has evolved substantially and currently includes more than 30 investee companies. The Company is listed on the Johannesburg Securities Exchange (JSE), operated by the JSE Limited in South Africa under the “Industrial – Diversified Industrial” sector (as at 19 September 2019), with the share code “REM”.

3. CONTACT DETAILS

Name of Body:	Remgro Limited (and the companies listed in Annexure A hereto) (“Remgro”)
Designated Information Officer:	Luché Joubert
Email address of Information Officer:	privacy@remgro.com
Postal address:	PO Box 456 Cape Town 8000
Street address:	Millennia Park 16 Stellentia Avenue Stellenbosch 7600
Phone number:	+27 21 888 3000

4. INFORMATION REGULATORS GUIDE

An official Guide has been compiled which contains information to assist a person wishing to exercise a right of access to information in terms of PAIA and POPIA. This Guide is made available by the Information Regulator (established in terms of POPIA). Copies of the updated Guide are available from Information Regulator in the manner prescribed. Any enquiries regarding the Guide should be directed to:

Postal Address:	JD House 27 Stiemens Street Braamfontein Johannesburg, 2001
E-mail Address:	inforeg@justice.gov.za
Website:	https://www.justice.gov.za/inforeg/

5. OBJECTIVES OF THIS MANUAL

The objectives of this Manual are:

to provide a list of all records held by Remgro;
to set out the requirements with regard to who may request information in terms of PAIA as well as the grounds on which a request may be denied;
to define the manner and form in which a request for information must be submitted; and
to comply with the additional requirements imposed by POPIA.

6. ENTRY POINT FOR REQUESTS

PAIA provides that a person may only make a request for information, if the information is required for the exercise or protection of a legitimate right.

Information will therefore not be furnished unless a person provides sufficient particulars to enable Remgro to identify the right that the requester is seeking to protect as well as an explanation as to why the requested information is required for the exercise or protection of that right. The exercise of an individual’s rights is subject to justifiable limitations, including the reasonable protection of privacy, commercial confidentiality and effective, efficient and good governance. PAIA and the request procedure contained in this Manual may not be used for access to a record for criminal or civil proceedings, nor should information be requested after the commencement of such proceedings.

The Information Officer has been delegated with the task of receiving and co-ordinating all requests for access to records in terms of PAIA, in order to ensure proper compliance with PAIA and POPIA.

The Information Officer will facilitate the liaison with the internal legal team on all of these requests.

All requests in terms of PAIA and this Manual must be addressed to the Information Officer using the details in paragraph 3 above.

7. AUTOMATICALLY AVAILABLE INFORMATION

Information that is obtainable via the Remgro website about Remgro is automatically available and need not be formally requested in terms of this Manual.

The following categories of records are automatically available for inspection, purchase or photocopying:

SENS Announcements
Company Press Releases
Interim Financial Statements
Annual Financial Statements
Website Remgro: www.remgro.com. The Remgro website is available to anybody who accesses the Internet.

8. INFORMATION AVAILABLE IN TERMS OF POPIA

In terms of POPIA, personal information must be processed for a specified purpose. The purpose for which data is processed by Remgro will depend on the nature of the data and the particular data subject. This purpose is ordinarily disclosed, explicitly or implicitly, at the time the data is collected. Please also refer to the Remgro Privacy Policy for further information.

8.1.

Categories of data subjects and personal information collected by Remgro

Categories of data subjects	Categories of Personal Information collected
Shareholders	Shareholder personal information
Clients (including potential and previous clients)	personal/special personal information
	contact information
	bank details, e.g. account number, etc.
	biometric information
	surveillance information (e.g. CCTV footage)
	client contracts
	location information
	data collected through cookies and tracking technologies
	data collected through surveys
	third-party information, such as from credit bureaux and the Companies and Intellectual Property Commission (CIPC).
Suppliers, service providers, or contractors	Supplier or supplier representative personal information
	Supplier contracts
	Supplier bank details
	Biometric information of supplier representatives
	Surveillance information of supplier representatives (e.g. CCTV footage)
	third-party information, such as from credit bureaux and the Companies and Intellectual Property Commission (CIPC).
Employees (prospective, previous and existing employees)	Employee personal information
	Employee education and psychometrics records
	Employee medical information
	Employee disability information
	Employee biometric information
	Employee pension and provident fund information
	Employee bank details
	Employee tax and financial information
	Employee contracts
	Employee beneficiary information
	Employee performance records
	Payroll records
	Electronic access records
	Physical access records
	Surveillance records
	Health and safety records
	Training records
	Background checks
	Criminal checks
	Employment history
	Employee vehicle registration
Job applicants	Curriculum vitae and application forms
	Criminal checks
	Background checks
Family members of Employees	Personal information
	Medical and disability information
	Personal information acquired for processing travel documents
Children of Employees	Child’s personal information processed e.g. birth certificate, etc.
	Child’s medical information and disability information
	Child’s information acquired for processing travel documents
Visitors	Physical access records
	Electronic access records, scans and photographs
	Surveillance records (e.g CCTV footage)
	Biometric information

8.2.

The purpose of processing personal information

Depending on the category of personal information which is collected, the purposes for processing may include:

1.1.1.	to provide you with a service which you have requested from Remgro;
1.1.2.	communication with data subjects;
1.1.3.	to improve our services;
1.1.4.	conducting research and compiling research reports;
1.1.5.	provision of support services to data subjects;
1.1.6.	preparing aggregated and anonymised reports;
1.1.7.	to manage accounts, receive services and process payments;
1.1.8.	to assess the suitability of job applicants for employment;
1.1.9.	meeting legal obligations in respect of employment equity and to comply with other applicable laws.

8.3.

The recipients or categories of recipients to whom the personal information may be supplied

Depending on the nature of the personal information, Remgro may supply information or records to the following categories of recipients:

companies in the Remgro group;
business partners;
statutory oversight bodies, regulators or judicial commissions of enquiry making a request for data;
any court, administrative or judicial forum, arbitration making a request for data or discovery in terms of the applicable rules (i.e. South African Revenue Services, or another similar authority) and anyone making a successful application for access in terms of PAIA; and
any person who conducts business with the Remgro, in the ordinary course of business;
companies that provide services to Remgro or act on its behalf may have access to information about data subjects; and
third parties where the data subject provides consent.

8.4.

Planned transborder flows of personal information

8.4.1.	Remgro may need to transfer a data subject’s information to service providers in countries outside South Africa, in which case Remgro will fully comply with applicable data privacy and protection legislation. This may happen if the Remgro’s servers or suppliers and service providers are based outside South Africa, or if the Remgro’s services are hosted in systems or servers outside South Africa and/or if a data subject uses Remgro’s services while visiting countries outside this area. These countries may not have data-protection laws which are similar to those of South Africa.
8.4.2.	If Remgro transfers personal information outside of South Africa, Remgro will make sure that the information is protected in the same way as if it was being used in South Africa. Remgro will use one of the following safeguards:
	transfer to another country whose privacy legislation ensures an adequate level of protection of personal information similar or equivalent to South Africa;  or put in place a contract with the third-party that means they must protect personal information to the same standards as South Africa.

8.5.

A general description of information security measures to be implemented by Remgro

Remgro takes appropriate technical and organisational measures designed to ensure that personal information remains confidential and secure against unauthorised or unlawful processing and against accidental loss, destruction or damage

9. INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION

Information is available in terms of certain provisions of the following legislation to the persons or entities specified in such legislation:

Administration of Estates Act 66 of 1965
Basic Conditions of Employment Act 75 of 1997
Close Corporations Act 69 of 1984
Companies Act 71 of 2008
Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
Employment Equity Act 55 of 1998
Estate Agency Affairs Act 112 of 1976
Income Tax Act 58 of 1962
Insolvency Act No. 24 of 1936
Labour Relations Act 66 of 1995
Occupational Health & Safety Act 85 of 1993
Pension Funds Act 24 of 1956
Skills Development Act 97 of 1998
Skills Development Levies Act 9 of 1999
Stock Exchanges Control Amendment Act 54 of 1995 (and the rules and listing requirements of the JSE Securities Exchange authorised in terms thereof)
Unemployment Contributions Act 4 of 2002
Unemployment Insurance Act 63 of 2001
Value Added Tax Act 89 of 1991

10. CATEGORIES OF RECORDS AVAILABLE UPON REQUEST

Remgro maintains records on the categories and subject matters listed below. Please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of PAIA.

Please note further that many of the records held by Remgro are those of third parties, such as clients and employees, and Remgro takes the protection of third party confidential information very seriously. In particular, where Remgro acts as professional advisors to clients, many of the records held are confidential and others are the property of the client and not of Remgro. For further information on the grounds of refusal of access to a record please see paragraph 11.5 below. Requests for access to these records will be considered very carefully. Please ensure that requests for such records are carefully motivated.

Category of records	Records
Internal records The records listed pertain to Remgro’s own affairs	Memoranda and Articles of Association Financial records Operational records Intellectual property Marketing records; Internal correspondence; Service records; Statutory records; Internal policies and procedures; Minutes of meetings;
Personnel records For the purposes of this section, “personnel” means any person who works for or provides services to or on behalf of Remgro and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Remgro. This includes partners, directors, all permanent, temporary and part-time staff as well as consultants and contract workers.	Any personal records provided to us by our personnel; Any records a third party has provided to us about any of their personnel; Conditions of employment and other personnel-related contractual and quasi legal records; Employment policies and procedures; Internal evaluation and disciplinary records; and Other internal records and correspondence.
Client-related records	Contracts with the client and between the client and other persons;
Other third party records Records are kept in respect of other parties, including without limitation joint ventures and consortia to which Remgro is a party, contractors and sub-contractors, suppliers, service providers, and providers of information regarding general market conditions. In addition, such other parties may possess records which can be said to belong to Remgro.	Personnel, client, or Remgro records which are held by another party as opposed to being held by Remgro; and Records held by Remgro pertaining to other parties, including financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors or suppliers.
Other records	Information relating to Remgro; and Research information belonging to Remgro or carried out on behalf of a third party.

11. REQUEST PROCEDURE

11.1.

Completion of the prescribed form

Any request for access to a record in terms of PAIA must correspond with the PAIA Form 2: Request for Access to Record and should be specific in terms of the record requested. (See PAIA Form 2 hereto.) A request for access to information which does not comply with the formalities as prescribed by PAIA will be returned to you.

POPIA provides that a data subject may, upon proof of identity, request the Remgro to confirm, free of charge, all the information it holds about the data subject and may request access to such information, including information about the identity of third parties who have or have had access to such information.

POPIA also provides that where the data subject is required to pay a fee for services provided to him/her, Remgro must provide the data subject with a written estimate of the payable amount before providing the service and may require that the data subject pays a deposit for all or part of the fee.

Grounds for refusal of the data subject’s request are set out in PAIA and are discussed below.

POPIA provides that a data subject may object, at any time, to the processing of personal information by Remgro, on reasonable grounds relating to his/her particular situation, unless legislation provides for such processing. The data subject must complete the prescribed form attached hereto as POPIA Form 1: Objection to the Processing of Personal Information and submit it to the Information Officer at the postal or physical address or electronic mail address set out above.

A data subject may also request Remgro to correct or delete personal information about the data subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or destroy or delete a record of personal information about the data subject that Remgro is no longer authorised to retain records in terms of POPIA’s retention and restriction of records provisions.

A data subject that wishes to request a correction or deletion of personal information or the destruction or deletion of a record of personal information must submit a request to the Information Officer at the postal or physical address or electronic mail address set out above on the form attached hereto as POPIA Form 2: Request for Correction or Deletion of Personal Information.

11.2.

Proof of identity

Proof of identity is required to authenticate your identity and the request. You will, in addition to this prescribed POPIA Form 2, be required to submit acceptable proof of identity such as a certified copy of your identity document or other legal forms of identity.

11.3.

Payment of the prescribed fees

There are two categories of fees which are payable:

The request fee: R140
The access fee: This is calculated by taking into account reproduction costs, search and preparation costs, as well as postal costs. These fees are set out in PAIA Access Fees.

Section 54 of PAIA entitles Remgro to levy a charge or to request a fee to enable it to recover the cost of processing a request and providing access to records. The fees that may be charged are set out in the PAIA Regulations.

Where a decision to grant a request has been taken, the record will not be disclosed until the necessary fees have been paid in full.

11.4.

Timelines for consideration of a request for access

Requests will be processed within 30 (thirty) days, unless the request contains considerations that are of such a nature that an extension of the time limit is needed.

The Information Officer will inform the requester of the decision, and the fees payable (if applicable) on a form that corresponds with PAIA Form 3: Outcome of Request and of Fees Payable promulgated under the PAIA Regulations.

Should an extension be required, you will be notified, together with reasons explaining why the extension is necessary. See PAIA Form 3: Outcome of Request and of Fees Payable hereto.

11.5.

Grounds for refusal of access and protection of information

There are various grounds upon which a request for access to a record may be refused. These grounds include:

the protection of personal information of a third person (who is a natural person) from unreasonable disclosure;
the protection of commercial information of a third party (for example: trade secrets; financial, commercial, scientific or technical information that may harm the commercial or financial interests of a third party);
if disclosure would result in the breach of a duty of confidence owed to a third party;
if disclosure would jeopardise the safety of an individual or prejudice or impair certain property rights of a third person;
if the record was produced during legal proceedings, unless that legal privilege has been waived;
if the record contains trade secrets, financial or sensitive information or any information that would put Remgro (at a disadvantage in negotiations or prejudice it in commercial competition); and/or
if the record contains information about research being carried out or about to be carried out on behalf of a third party or by Remgro.

Section 70 of PAIA contains an overriding provision. Disclosure of a record is compulsory if it would reveal (i) a substantial contravention of, or failure to comply with the law; or (ii) there is an imminent and serious public safety or environmental risk; and (iii) the public interest in the disclosure of the record in question clearly outweighs the harm contemplated by its disclosure.

If the request for access to information affects a third party, then such third party must first be informed within 21 (twenty one) days of receipt of the request. The third party would then have a further 21 (twenty one) days to make representations and/or submissions regarding the granting of access to the record.

12. REMEDIES AVAILABLE TO A REQUESTER ON REFUSAL OF ACCESS

If the Information Officer decides to grant you access to the particular record, such access must be granted within 30 (thirty) days of being informed of the decision.

There is no internal appeal procedure that may be followed after a request to access information has been refused. The decision made by the Information Officer is final. In the event that you are not satisfied with the outcome of the request, you are entitled to lodge an internal appeal, a complaint to the Information Regulator by using PAIA Form 4: Internal Appeal Form, or apply to a court of competent jurisdiction to take the matter further.

A person has the right to lodge a complaint to the Regulator and request the contact details of the Regulator from the Information Officer if they feel that this Manual does not comply with the applicable laws.

13. AVAILABILITY OF THIS MANUAL

Copies of this Manual are available for inspection, free of charge, at the offices of Remgro at Millennia Park, 16 Stellentia Avenue, Stellenbosch, 7600.

Annexure A
Remgro Group Companies:

Remgro Limited
Remgro Management Service Limited
Invenfin Proprietary Limited
Falconair Proprietary Limited
Historical Homes of South Africa Limited
Entek Investments Proprietary Limited

Please note that this list is not exhaustive and may be updated from time to time as required.

PAIA FORM 1: Request for a Copy of the Guide from an Information Officer [Regulation 3]

PAIA FORM 2: Request for Access to Record [Regulation 7]

PAIA FORM 3: Outcome of Request and Fees Payable [Regulation 8]

PAIA FORM 4: Internal Appeal Form [Regulation 9]

PAIA Access Fees

POPIA FORM 1: Objection to the Processing of Personal Information

POPIA FORM 2: Request for Correction or Deletion of Personal Information