PAIA Manual for Nedsteel (Pty) Ltd

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1. INTRODUCTION

Nedsteel (Pty) Limited conducts business as a Manufacturer and Installer of Steel Gates and Fencing. We are an industry expert, ready to assist any client in any industry needing Steel Gates and Fencing be it security fencing.

2. THE ACT

The Promotion of Access to Information Act, No 2 of 2000 (“The Act” or “PAIA”) was enacted on 3 February 2000, giving effect to the right of access to any information held by Government, as well as any information held by another person who is required for the exercising or protection of any rights. This right is entrenched in the Bill of Rights in the Constitution of South Africa. Where a request is made in terms of The Act, the body to which the request is made is not obliged to release the information, except where The Act expressly provides that the information may or must be released. The Act sets out the requisite procedural issues attached to such request.

3. PURPOSE OF THE MANUAL

In order to promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in terms of The Act in order for them to exercise their rights in relation to public and private bodies.
Section 9 of The Act, however, recognizes that such right to access to information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:
  • Limitations aimed at the reasonable protection of privacy;
  • Commercial confidentiality; and
  • 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.
This PAIA Manual assist you to-
  • 3.1 check the categories of records held by Nedsteel Pty Ltd which are available without a person having to submit a formal PAIA request;
  • 3.2 have a sufficient understanding of how to make a request for access to a record of Nedsteel Pty Ltd, by providing a description of the subjects on which Nedsteel Pty Ltd holds records and the categories of records held on each subject;
  • 3.3 know the description of the records of Nedsteel Pty Ltd which are available in accordance with any other legislation;
  • 3.4 access all the relevant contact details of the Information Officer and Deputy Information Officer(s) who will assist you with the records you intend to access;
  • 3.5 know the description of the guide on how to use PAIA, as updated by the Information Regulator, and how to obtain access to it;
  • 3.6 know if Nedsteel Pty Ltd processes personal information and the purpose of processing of personal information;
  • 3.7 know the description of the categories of data subjects and the information or categories of information relating thereto;
  • 3.8 know the recipients or categories of recipients to whom the personal information may be supplied;
  • 3.9 know if Nedsteel Pty Ltd plans 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
  • 3.10 know whether Nedsteel Pty Ltd has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.

4. CONTACT DETAILS:

Information Officer:
Mrs. Anthea Claassen
Postal Address:
PO Box 273
Kuilsriver, 7579
Physical Address:
2 Trafford Road, Blacheath Industrial
7580
Telephone No:
0219053612
E-mail:
anthea@nedsteel.co.za
Deputy Information Officer:
Mietha Graaff
GENERAL INFORMATION:
Name of Private Body:
Nedsteel Pty Ltd
Registration No:
1994/003433/07
Postal Address:
 PO Box 273 Kuilsriver, 7579
Physical Address (or principal place of business):
2 Trafford Road, Blacheath Industrial 758
Telephone No:
0219053612
E-mail:
anthea@nedsteel.co.za
Website:
www.nedsteel.co.za

5. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE

  • 5.1 The Regulator has, in terms of Section 10(1) of PAIA, as amended, updated and made available the revised Guide on how to use PAIA (“Guide”), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA.
  • 5.2 The Guide is available in each of the official languages and in braille
  • 5.3 The aforesaid Guide contains the description of-
    • 5.3.1 the objects of PAIA and POPIA;
    • 5.3.2 the postal and street address, phone and fax number and, if available, electronic mail address of
      • 5.3.2.1 the Information Officer of every public body, and
      • 5.3.2.2 every Deputy Information Officer of every public and private body designated in terms of Section 17(1) of PAIA and Section 56 of POPIA;
    • 5.3.3 the manner and form of a request for –
      • 5.3.3.1 access to a record of a public body contemplated in Section 11 of PAIA; and
      • 5.3.3.2 access to a record of a private body contemplated in Section 50 of PAIA;
    • 5.3,4 the assistance available from the Information Officer of a public body in terms of PAIA and POPIA;
    • 5.3.5 the assistance available from the Information Regulator in terms of PAIA and POPIA;
    • 5.3.6 all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging
      • 5.3.6.1 an internal appeal;
      • 5.3.6.2 a complaint to the Regulator; and
      • 5.3.6.3 an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;
    • 5.3.7 the provisions of Sections 14 and 51 of PAIA requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual
    • 5.3.8 the provisions of Sections 15 and 52 of PAIA providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
    • 5.3.9 the notices issued in terms of Sections 22 and 54 of PAIA regarding  fees to be paid in relation to requests for access; and
    • 5.3.10 the regulations made in terms of Section 92 of PAIA.
  • 5.4 Members of the public can inspect or make copies of the Guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours.
  • 5.5 The Guide can also be obtained
  • 5.6 A copy of the Guide is also available in two official languages, for public inspection during normal office hours.

6. RECORDS AUTOMATICALLY AVAILABLE TO THE PUBLIC

To date no notice in terms 52(2) of the Act has been published regarding the categories of Records that are automatically available without having to request access.

7. RECORDS OF THE PRIVATE BODY

This clause serves as a reference to the records that Nedsteel Pty Ltd holds in order to facilitate a request in terms of The Act.
It is recorded that the accessibility of the documents listed herein below, may be subject grounds if refusal set out hereinafter.
Subjects on which the body holds records Categories of records
Human Resources HR policies and procedures Advertised posts Employee records UIF records PAYE records Employment contracts SDL records
Clients VAT numbers Quotations Invoices Tender documents
Suppliers Quotations Invoices Credit applications

8. RECORDS REQUIRED IN TERMS OF LEGISLATION

Records are kept in accordance with legislation applicable to Nedsteel Pty Ltd, which includes but is not limited to, the following
  • Companies Act 71 of 2008
  • Income Tax Act 58 of 1962
  • Tax Administration Act, 2011
  • Securities Transfer Tax Act, 2007
  • Securities Transfer Tax Administration Act, 2007
  • Labour Relations Act, 66 of 1995
  • Employment Equity Act, 55 of 1998
  • Electronic Communications and Transactions Act 36 of 2005
  • Basic Conditions of Employment Act, 75 of 1997
  • Broad Based Economic Empowerment Act, 53 of 2003
  • Constitution of the Republic of South Africa, 108 of 1996
  • Companies Act, 61 of 1973
  • Consumer Protection Act, 68 of 2008
  • Value Added Tax Act, 89 of 1991
  • Income Tax Act, 58 of 1962
  • Financial Intelligence Centre Act, 38 of 2001
  • Protection of Personal Information Act, 4 of 2013
Reference to the above-mentioned legislation shall include subsequent amendments and secondary legislation to such legislation.

9. PROCESSING OF PERSONAL INFORMATION

  • 9.1 Purpose of Processing Personal Information
    • Record keeping purposes;
    • Compliance purposes;
    • Staff administration and job applicants;
    • Service delivery purposes;
    • Handling complaints;
    • Procurement process;
    • Health and Safety purposes;
    • Monitor access, secure and manage our premises and facilities;
    • Help improve quality products and services;
    • To administer legal contractual purposes;
    • To recover debt;
    • To transact with suppliers.
  • 9.2 Description of the categories of Data Subjects and of the information or categories of information relating thereto 
Categories of Data Subjects Personal Information that may be processed
Customers / Clients Name, Address, Contact details, Registration numbers, VAT numbers, Bank details
Suppliers Names, Registration numbers, VAT numbers Address, Contact details, Product details, Bank details
Employees Address, Qualifications Gender and race, Banking details, Tax numbers, Identity numbers, Contact details
  • 9.3 The recipients or categories of recipients to whom the personal information may be supplied
    • Payroll administrators
      Training providers
      Clock in system administrators
      Verification agencies
      Provident fund administrators
      Auditing
      Criminal checks agencies
      Information Security service providers
  • 9.4 Planned transborder flows of personal information
  • We don’t transfer information to other countries:
  • 9.5 General description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information
  • The Company has implemented the following Information Security Measures to ensure the confidentiality, integrity and availability of all information residing on our IT Systems: Confidentiality of all information is accomplished by limiting authorized access on all information to specified personnel only. This is done by means of secure logins by employees only from The Company managed devices. All backups of data are encrypted. The server physical access is limited to IT personnel only. Integrity is maintained with user access controls to limit all actions with data. We have local and cloud backups that is fully encrypted. The backups can only be accessed by authorized personnel. DLP (Data Loss Prevention) policies are in place to prevent misuse of data. Availability is achieved through advanced failover cluster servers, DR site and Cloud backups, and a local NAS containing all the backups. The Company is making use of ESET AntiVirus on all Computers and Servers. The firewall has IDS (Intrusion Detection system) and IPS (Intrusion prevention system) in place that protects the servers from being hacked and any data loss.

10. REQUEST PROCEDURE FOR OBTAINING INFORMATION

Access to records held by Nedsteel Pty Ltd

Records held by Nedsteel Pty Ltd may be accessed by request only once the prerequisites for access have been met.

The requester must fulfil the prerequisites for access in terms of The Act, including the payment of a requested access fee.

The requester must comply with all the procedural requirements contained in The Act relating to the request for access to a record.

The requester must complete the prescribed Form 2 (Annexure B) and submit same as well as payment of a request fee and a deposit, if applicable, to the Information Officer at the postal or physical address, fax number or electronic mail address as stated herein

The prescribed form must be filled in with enough particulars to at least enable the Information Officer to identify –
  • Therecord or records requested;
  • Theidentity of the requester,
  • Which form of access is required, if the request is granted;
  • Thepostal address or fax number or email address of the requester

The requester must state that they require the information in order to exercise or protect a right, and clearly state what the nature of the right to be exercised or protected is. In addition, the requester must clearly specify why the record is necessary to exercise or protect such a right.

Nedsteel Pty Ltd will process the request within 30 days, unless the requester has stated a special reason that would satisfy the Information Officer that circumstances dictate that the above time periods are not complied with.

The requester shall be informed whether access has been granted or denied in the form of Form 3 (Annexure C). If, in addition, the requester requires the reason for the decision in any other manner, they must state the manner and the particulars so required.

If a request 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.

If an individual is unable to complete the prescribed Form because of illiteracy or disability, such a person may make the request orally.

11. FEES

When the Information Officer receives the request, such Officer shall, by notice, require the requester to pay the prescribed request fee (if any), before any further processing of the request.

If the search for the record has been made in the preparation of the record for disclosure, including arrangements to make it available in the requested form, and it requires more than the hours prescribed in the regulation 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.

The Information Officer shall withhold a record until the requester has paid the Fees as indicated.

A requester, whose request for access to a record has been granted, must pay an access 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 requested form.

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. 

The fees applicable to a request for information are set out in Annexure A hereto.

The requester must pay the prescribed fee before any further processing can take place.

12. GROUNDS FOR REFUSAL OF ACCESS TO INFORMATION

The main grounds for Nedsteel Pty Ltd to refuse a request for information relates to
the:

  • Mandatory protection of the privacy of a third party that is a natural person that would involve the unreasonable disclosure of personal information of that natural person;
  • Mandatory protection of the commercial information of a third party, if the record contains:
    • Trade secrets of that third party;
    • Financial, commercial, scientific or technical information, disclosure of which could likely cause harm to the financial or commercial interests of that third party;
    • Information disclosed in confidence by a third party to the Private Body, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;-
  •  Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
  • Mandatory protection of confidential information of the protection of property;
  • Mandatory protection of records that would be regarded as privileged in legal
    proceedings;
  • The commercial activities of Nedsteel Pty Ltd which may include:
    • Trade secrets of Nedsteel Pty Ltd
    • Financial, commercial, scientific or technical information, disclosure which could likely cause harm to the financial or commercial interest of Nedsteel Pty Ltd ;
    • Information which, if disclosed could put Nedsteel Pty Ltd at a disadvantage in negotiations or commercial competition;
    • A computer program, owned by Nedsteel Pty Ltd and protected by copyright.
  • Theresearch information of Nedsteel Pty Ltd or a third party, if its disclosure would reveal the identity of Nedsteel Pty Ltd, the researcher or the subject matter of the research and would place the research at a serious disadvantage;

Requests for information that are clearly frivolous or vexatious, or which would involve an unreasonable diversion of resources shall be refused.

13. DECISION

Nedsteel Pty Ltd will within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.

The requester shall be informed whether access has been granted or denied in the form of Form 3 (Annexure C). If, in addition, the requester requires the reason for the decision in any other manner, they must state the manner and the particulars so required

The 30 day period within which Nedsteel Pty Ltd has to decide whether to grant or refuse the request, may be extended for further period of not more than 30 days if the request is for a large amount of information, or the request requires a search for information held at another office of Nedsteel Pty Ltd and the information cannot reasonably be obtained within the original 30 day period. Nedsteel Pty Ltd will notify the requester in writing should an extension be sought.

AVAILABILITY OF THE MANUAL
The manual of Nedsteel Pty Ltd is available at the premises of Nedsteel Pty Ltd as well as on the website of Nedsteel Pty Ltd.

Signed by: ___________________________
Date: _______________________________

Downloadable Forms (Annexures A–C)
Please download and complete the relevant form below. Once completed, submit it in accordance with the instructions provided in the form.
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