Legal
Promotion of Access to Information Act Manual
Prepared in terms of Section 51 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”).
1. Introduction
This Manual is published in terms of Section 51 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”).
PAIA gives effect to the constitutional right of access to information contained in Section 32 of the Constitution of the Republic of South Africa, 1996.
This Manual also addresses the relevant requirements of the Protection of Personal Information Act (POPIA) insofar as it relates to the protection and processing of personal information.
2. Details of the private body
Eastgate Logistics Express (Pty) Ltd (“EG-EXPRESS”)
Registration Number: 2015/135158/07
Physical & postal address
15 Van Wyk RdBrentwood ParkBenoni1501South AfricaTelephone: +27 (0) 83 229 8037
General email: prem@eg-express.co.za
3. Information Officer details
In terms of POPIA and PAIA, the Chief Executive Officer is the default Information Officer of the organisation.
Prem Naidoo — Chief Executive Officer
Email: prem@eg-express.co.za
Telephone: +27 83 229 8037
Requests for access to information and all POPIA-related enquiries must be directed to the Information Officer.
4. Guide on how to use PAIA
A guide on how to use PAIA is available from the Information Regulator (South Africa). The guide contains information on:
- the purpose of PAIA;
- how to access records;
- how to lodge requests;
- applicable fees;
- remedies available where requests are refused.
Contact details of the Information Regulator
JD House27 Stiemens StreetBraamfonteinJohannesburg2001Website: inforegulator.org.za
Email: PAIAComplaints@inforegulator.org.za
Telephone: 010 023 5200
5. Applicable legislation
Records are held in accordance with, but not limited to, the following legislation:
- Companies Act 71 of 2008
- Promotion of Access to Information Act 2 of 2000
- Protection of Personal Information Act 4 of 2013
- Electronic Communications and Transactions Act 25 of 2002
- Income Tax Act 58 of 1962
- Nonprofit Organisations Act 71 of 1997
- Labour Relations Act 66 of 1995
- Basic Conditions of Employment Act 75 of 1997
6. Categories of records held by EG-EXPRESS
6.1 Records automatically available without formal request
The following records may be accessed without submitting a formal PAIA request, subject to operational requirements:
- Public website content
- Published policies
- Public media statements
- Public reports
- Marketing and promotional material
6.2 Records available upon formal request
Company and governance records:
- Memorandum of Incorporation
- Registration certificates
- Director registers
- Minutes and resolutions
Financial records:
- Financial statements
- Accounting records
- Banking records
- Tax records
- Invoices and payment records
Operational records:
- Contracts and agreements
- Supplier records
- Service provider agreements
- Project documentation
Human resources records:
- Employment contracts
- Personnel records
- Leave records
- Payroll information
Information technology records:
- Software agreements
- System implementation records
- Security and disaster recovery plans
Intellectual property records:
- Licences
- Trademark or branding records
7. Processing of personal information (POPIA)
EG-EXPRESS processes personal information in accordance with POPIA.
Categories of personal information processed
- Names and surnames
- Contact details
- Identity / passport numbers
- Employment details
- Financial information
- Electronic communication records
Purpose of processing
Personal information may be processed for:
- service delivery;
- administration;
- legal compliance;
- communication;
- recruitment;
- contractual obligations.
Data subject rights
Data subjects have the right to:
- request access to personal information;
- request correction or deletion;
- object to processing;
- lodge complaints with the Information Regulator.
8. Request procedure under PAIA
A requester seeking access to records must complete the prescribed PAIA request form. The applicable form for private bodies is Form 2: Request for Access to Record. The form must be submitted to the Information Officer using the contact details in this Manual.
8.1 Required information
The requester must provide:
- sufficient details to identify the requested record;
- proof of identity;
- contact details;
- the form of access required;
- the right sought to be exercised or protected;
- reasons why the requested information is required.
8.2 Fees
Applicable request and access fees may apply in accordance with the PAIA Regulations. A requester will be notified if any fees are payable before processing.
8.3 Response time
EG-EXPRESS will respond within the statutory period prescribed by PAIA, unless an extension is lawfully required.
9. Grounds for refusal of access
Access to records may be refused on lawful grounds, including:
- protection of personal privacy;
- protection of commercial information;
- confidential third-party information;
- legally privileged information;
- protection of safety and security;
- protection of research information.
10. Remedies available to requesters
If a request is refused, the requester may:
- lodge a complaint with the Information Regulator;
- apply to a competent court for appropriate relief.
11. Availability of this manual
This Manual is available:
- on the EG-EXPRESS website;
- at the offices of EG-EXPRESS;
- upon request from the Information Officer.
12. Prescribed forms
The following prescribed forms should accompany this Manual:
- Form 2 — Request for Access to Record
- PAIA Fee Structure (where applicable)
The latest prescribed forms are available from the Information Regulator at inforegulator.org.za/paia-forms.