MANUAL IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 (“PAIA”)
AS AMENDED BY THE PROTECTION OF PERSONAL INFORMATION ACT, 4 OF 2013 (“POPIA”)
OF
KINGFISHER FRUITS INVESTMENTS (PTY) LIMITED
(Registration Number: 2019/001082/07)
(“Kingfisher Fruits”)
Date of Compilation: 16 August 2021
1. AN INTRODUCTION TO PAIA
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.
PAIA sets out the requisite procedural issues attached to information requests, including the obligation to compile a PAIA Manual.
Section 51 of PAIA obliges private bodies to compile a manual to enable a person to obtain access to information held by such body and stipulates the minimum requirements that the manual has to comply with.
Where a person is desirous of obtaining information from a private body, in terms of PAIA such request must be made in the format as prescribed and described under the private body’s PAIA Manual, and following receipt of the request, such 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.
2. OUR PAIA MANUAL
This Manual constitutes Kingfisher Fruits’ 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 and largely commenced on 1 July 2020. 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.
For purposes of this Manual, we refer to ourselves as “Kingfisher Fruits”, “we”,” us” or “our”.
We have compiled this Manual to inform you of, and guide you through, the procedural and other requirements with which a PAIA request must comply.
3. WHO ARE WE – ABOUT US AND OUR BUSINESS
We are a South African based company and is the holding entity of a group of companies / entities in the wider Kingfisher group, based in South Africa. Our core activities relate to the export of fruit.
If you would like to find out more about us, including our main business activities, our company profile is available at https://kingfisherfruits.co.za/.
4. MAIN SUBSIDIARIES AND ASSOCIATE COMPANIES
Kingfisher Fruits has subsidiaries and associate entities which are detailed in Appendix E.
If you have a PAIA request you would like to submit to any one of them, you should follow the procedures set out in this Manual, as it will also apply to them equally.
5. OUR BOARD OF DIRECTORS
Our directors are:
The Management Committee may change from time to time.
6. OUR CONTACT DETAILS
Our general contact details are as follows:
Postal Address: PO Box 1118, Cape Gate, Western Cape, 7562
Street Address: 2nd Floor, 3 High Street, Rosenpark, Bellville, Western Cape, 7530
Telephone contact number: +27 (0) 21 100 3559
7. DETAILS OF OUR INFORMATION OFFICER AND DEPUTY INFORMATION OFFICERS
The details of our Information Officer and Deputy Information Officer are as follows:
Information Officer:
Name: Johan Taillard
Address: 2nd Floor, 3 High Street, Rosenpark, Bellville, Western Cape, 7530
Telephone number: +27 (0) 21 100 3559
Email: info@kingfisherfruits.co.za
Information Regulator reference number: 05682/2022-2023/IRRTT
Deputy Information Officer:
Name: Estelle van Onselen
Address: 2nd Floor, 3 High Street, Rosenpark, Bellville, Western Cape, 7530
Telephone number: +27 (0) 21 100 3559
Email: info@kingfisherfruits.co.za
Information Regulator reference number: 05682/2022-2023/IRRTT
Correspondence to:
For the attention of the Information Officer / Deputy Information Officer: Johan Taillard / Estelle van Onselen
Phone number for PAIA / POPIA requests: +27 (0) 21 100 3559
Email address for PAIA / POPIA requests: info@kingfisherfruits.co.za
For further details of the Information Officers and Deputy Information Officers and contact information of the subsidiaries and associate entities, please refer to Appendix E.
8. PAIA GUIDE
In order to assist those who are not familiar with PAIA or POPIA, a Guide that contains information to assist you in understanding how to exercise your rights under PAIA (“the Guide”) is available in all the South African official languages.
If you have any queries, or need a copy of the Guide, please contact the Information Regulator directly at:
The Information Regulator (South Africa)
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
P.O Box 31533, Braamfontein, Johannesburg, 2017
Complaints email: PAIAComplaints@inforegulator.org.za
General enquiries email: enquiries@inforegulator.org.za
Members of the public can inspect or make copies of the Guide from the offices of a public and private bodies, including the office of the Regulator, during normal working hours.
The Guide can also be obtained-
A copy of the Guide is also available in the following two official languages, for public inspection at our registered offices and main place of business during normal office hours –
9. INFORMATION THAT IS AUTOMATICALLY AVAILABLE WITHOUT A PAIA REQUEST
The information available on our website, may be automatically accessed by you without having to go through the formal PAIA request process.
10. RECORDS KEPT IN TERMS OF THE OTHER LEGISLATION
Kingfisher Fruits is subject to many laws and regulations, some of which require us to keep certain records.
These laws are detailed below:
Agricultural Act 36 of 1947
Basic Conditions of Employment Act 57 of 1997
Banks Act 94 of 1990
Broad-based Black Economic Empowerment Act 53 of 2003
Civil Aviation Act 13 of 2009
Collective Investment Schemes Control Act 45 of 2002
Companies Act 71 of 2008
Competition Act 89 of 1998
Close Corporations Act 69 of 1984
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Copyright Act 98 of 1978
Currencies and Exchanges Act 9 of 1993
Electronic Communications and Transactions Act 25 of 2002
Employment Equity Act 55 of 1998
Financial Intelligence Centre Act 38 of 2001
Financial Institutions (Protection of Funds) Act 28 of 2001
Financial Services Board Act 97 of 1990
Financial Advisory and Intermediary Services Act 37 of 2002
Financial Markets Control Act 55 of 1989
Income Tax Act 58 of 1962
Inspection of Financial Institutions Act 80 of 1998
Insolvency Act 24 of 1936
Labour Relations Act 66 of 1995
Occupational Health and Safety Act 85 of 1993
Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002
Prescription Act 40 of 1969
Prevention of Organised Crime Act 121 of 1998
Prevention and Combating of Corrupt Activities Act 12 of 2004
Promotion of Access to Information Act 2 of 2000
Protection of Private Information Act 4 of 2013
Protected Disclosures Act 26 of 2000
Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004
National Payment System Act 78 of 1998
National Minimum Wage Act 9 of 2018
Skills Development Act 97 of 1998
Skills Development Levy Act 9 of 1999
Securities Transfer Tax Act 25 of 2007
Securities Transfer Tax Administration Act 26 of 2007
Tobacco Control Act 83 of 1993
Trade Marks Act 194 of 1993
Trust Property Control Act 57 of 1988
Unemployment Insurance Act 30 of 1966
Unemployment Insurance Contributions Act 4 of 2002
Value Added Tax Act 89 of 1991
Income Tax Act 58 of 1962
Tax Administration Act 28 of 2011
Administration of Estates Act 66 of 1965
National Credit Act 34 of 2005
This list is not exhaustive.
11. A DESCRIPTION OF SUBJECTS WE HOLD RECORDS ON AND CATEGORIES OF RECORDS
Described below are the records which we hold, divided into categories for ease of reference:
Companies Act Records
Financial Records
Income Tax Records
Personnel Documents and Records
12. INFORMATION RELATED TO POPIA
Introduction
POPIA requires us to provide you with certain information relating to how personal information that we process is, amongst others, used, disclosed and destroyed.
We have set out the required information below.
Information on how you can request your personal information under POPIA
Requests for personal information under POPIA must be made in accordance with the provisions of PAIA. This process is outlined in paragraph 13 below.
If we provide you with your personal information, you have the right to request the correction, deletion or destruction of your personal information, in the prescribed form. You may also object to the processing of your personal information in the prescribed form.
We have attached the prescribed forms to this Manual for your convenience.
We will give you a written estimate of the fee for providing you with your personal information, before providing you with the services. We may also require you to provide us with a deposit for all or part of the fee prior to giving you the requested personal information.
Purpose of processing
POPIA provides that personal information may only be processed lawfully and in a reasonable manner that does not infringe your (the data subject’s) privacy.
The type of personal information that we process will depend on the purpose for which it is collected. We will disclose to you why the personal information is being collected and will process the personal information for that purpose only.
Personal information that is processed; category of data subject; and category of personal information
The information provided under this section refers to broad categories of information.
This list is not exhaustive.
Clients – Natural persons: names; contact details; physical and postal addresses; date of birth; ID number; tax related information; nationality; gender; confidential correspondence.
Clients – Juristic persons / entities: names of contact persons; name of legal entity; physical and postal address and contact details; financial information; registration number; founding documents; tax related information; authorised signatories; beneficiaries; ultimate beneficial owners.
Clients – Foreign persons / entities: names; contact details; physical and postal, financial information addresses; date of birth; passport number tax related information; nationality; gender; confidential correspondence; registration number; founding documents; tax related information; authorised signatories, beneficiaries, ultimate beneficial owners
Contracted Service Providers: Names of contact persons; name of legal entity; physical and postal address and contact details; financial information; registration number; founding documents; tax related information; authorised signatories, beneficiaries, ultimate beneficial owners
Intermediary / Advisor: Names of contact persons; name of legal entity; physical and postal address and contact details; financial information; registration number; founding documents; tax related information; authorised signatories, beneficiaries, ultimate beneficial owners
Employees / Directors / Potential Personnel / Shareholders / Volunteers / Employees’ family members / Temporary Staff: gender, pregnancy; marital status; race, age, language, education information; financial information; employment history; ID number; next of kin; children’s name, gender, age, school, grades; physical and postal address; contact details; opinions, criminal behaviour and/or criminal records; well-being; trade union membership; external commercial interests; medical information.
Website end-users / Application end-users: names, electronic identification data: IP address; log-in data, cookies, electronic localization data; cell phone details, GPS data.
Categories of recipients for purposes of processing personal information
We may supply personal information to these potential recipients:
We may disclose personal information we collected to any of our overseas subsidiaries, associate entities or third-party service providers, with whom we engage in business or whose services or products we elect to use, including cloud services hosted in international jurisdictions.
We endeavour to enter into written agreements to ensure that other parties comply with our confidentiality and privacy requirements. Personal information may also be disclosed where we have a legal duty or a legal right to do so.
Actual or planned trans-border flows of personal information
We may disclose personal information we collected to our shareholders, any of our subsidiaries, overseas associate entities or third-party service providers, with whom we engage in business or whose services or products we elect to use, including cloud services hosted in international jurisdictions.
We endeavour to enter into written agreements to ensure that other parties comply with our confidentiality and privacy requirements. Personal information may also be disclosed where we have a legal duty or a legal right to do so.
General description of information security measures
Kingfisher Fruits employs appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of personal information and unlawful access to or processing of personal information. These measures include:
13. REQUEST PROCEDURE
Completion of the prescribed form
Any request for access to a record from a public body in terms of PAIA must substantially correspond with the form attached hereto marked Appendix A – FORM 2 – Request for access to record of private body (Section 53(1) of PAIA) [Regulation 10].
A request for access to information which does not comply with the formalities as prescribed by PAIA will be returned to you.
Payment of the prescribed fees
A Fee may be payable, depending on the type of information requested, as described under Appendix B – Fees in respect of private bodies.
There are two categories of fees which are payable:
Section 54 of PAIA entitles Kingfisher Fruits 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 Regulation 9(2)(c) promulgated under PAIA.
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.
POPIA provides that a data subject may, upon proof of identity, request Kingfisher Fruits 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, Kingfisher Fruits 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.
14. OBJECTION
POPIA provides that a data subject may object, at any time, to the processing of personal information by Kingfisher Fruits, 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 Appendix C – FORM 1 – Objection to the processing of personal information in terms of section 11(3) of POPIA Regulations relating to the protection of personal information, 2018 [Regulation 2] and submit it to the Information Officer at the postal or physical address, facsimile number or electronic mail address set out above.
15. CORRECTION
A data subject may also request Kingfisher Fruits 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 Kingfisher Fruits 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, facsimile number or electronic mail address set out above on the form attached hereto as Appendix D – FORM 2 – Request for correction or deletion of personal information or destroying or deletion of record of personal information in terms of section 24(1) of POPIA’s Regulations relating to the protection of personal information, 2018 [Regulation 7].
16. PROOF OF IDENTITY
Proof of identity is required to authenticate your identity and the request. You will, in addition to this prescribed form, be required to submit acceptable proof of identity such as a certified copy of your identity document or other legal forms of identity.
17. 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.
Should an extension be required, you will be notified, together with reasons explaining why the extension is necessary.
18. 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:
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.
19. REMEDIES AVAILABLE TO A REQUESTER ON REFUSAL OF ACCESS
If the Information Officer decides to grant a requester access to the particular record, such access must be granted within 30 (thirty) days of being informed of the decision.
There is no appeal procedure to be followed after a request to access information has been refused.
In such an instance you are entitled to apply to the Information Regulator or a court of competent jurisdiction to take the matter further.
Where a third party is affected by the request for access and the Information Officer has decided to grant you access to the record, the third party has 30 (thirty) days in which to appeal the decision in a court of competent jurisdiction. If no appeal has been lodged by the third party within 30 (thirty) days, you must be granted access to the record.
20. AVAILABILITY OF THIS MANUAL
Copies of this Manual are available for inspection, free of charge, at the registered offices of Kingfisher Fruits at 2nd Floor, 3 High Street, Rosenpark, Bellville, Western Cape, 7530.
Appendix A
REQUEST FOR ACCESS TO RECORD –
Please download this form: FORM 2
Appendix B
Fees in Respect of Private Bodies
| Item | Description | Amount |
| 1. | The request fee payable by every requester | R140.00 |
| 2. | Photocopy/printed black & white copy of A4-size page | R2.00 per page or part thereof |
| 3. | Printed copy of A4-size page | R2.00 per page of part thereof |
| 4. | For a copy in a computer-readable form on:
(iii) Flash drive (to be provided by requestor) (iv) Compact disc
|
R40.00
R40.00 R60.00 |
| 5. | For a transcription of visual images per A4-size page | Service to be outsourced. Will depend on quotation from Service provider. |
| 6. | Copy of visual images | |
| 7. | Transcription of an audio record, per A4-size page | R24.00 |
| 8. | Copy of an audio record on:
(v) Flash drive (to be provided by requestor) (vi) Compact disc
|
R40.00
R40.00 R60.00 |
| 9. | To search for and prepare the record for disclosure for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation.
To not exceed a total cost of |
R145.00
R435.00 |
| 10. | Deposit: If search exceeds 6 hours | One third of amount per request calculated in terms of items 2 to 8 |
| 11. | Postage, e-mail or any other electronic transfer | Actual expense, if any. |
Appendix C
OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION –
Please download this form: FORM 1
Appendix D
REQUEST FOR:
In terms of Regulation 3 of POPIA
PLEASE INSERT THE CHANGES IN THE FORM BELOW AND SEND BACK TO:
Please download this form: FORM 2
Appendix E
MAIN SUBSIDIARIES AND ASSOCIATE COMPANIES / ENTITIES – IO and DIO Details
KINGFISHER FRUITS (PTY) LTD (2016/353220/07)
Information Officer:
Name: Johan Taillard
Deputy Information Officer:
Name: Estelle van Onselen
Postal Address: PO Box 1118, Cape Gate, Western Cape, 7562
Physical Address: 2nd Floor, 3 High Street, Rosenpark, Bellville, Western Cape, 7530
Tel: 021 100 3559
Email Address: info@kingfisherfruits.co.za
Information Regulator Reference Number: 05722/2022-2023/IRRTT
KINGFISHER GLOBAL (PTY) LTD (2020/517967/07)
Information Officer:
Name: Johan Taillard
Deputy Information Officer:
Name: Estelle van Onselen
Postal Address: PO Box 1118, Cape Gate, Western Cape, 7562
Physical Address: 2nd Floor, 3 High Street, Rosenpark, Bellville, Western Cape, 7530
Tel: 021 100 3559
Email Address: info@kingfisherfruits.co.za
Information Regulator reference number: 05682/2022-2023/IRRTT
KINGFISHER FRUITS PRODUCER TRUST (IT1255/2020(C))
Information Officer:
Name: Johan Taillard
Deputy Information Officer:
Name: Estelle van Onselen
Postal Address: PO Box 1118, Cape Gate, Western Cape, 7562
Physical Address: 2nd Floor, 3 High Street, Rosenpark, Bellville, Western Cape, 7530
Tel: 021 100 3559
Email Address: info@kingfisherfruits.co.za
Information Regulator reference number: 83647/2022-2023/IRRTT
KINGFISHER FRUITS EMPLOYEE TRUST (IT1283/2020(C))
Information Officer:
Name: Johan Taillard
Deputy Information Officer:
Name: Estelle van Onselen
Postal Address: PO Box 1118, Cape Gate, Western Cape, 7562
Physical Address: 2nd Floor, 3 High Street, Rosenpark, Bellville, Western Cape, 7530
Tel: 021 100 3559
Email Address: info@kingfisherfruits.co.za
Information Regulator reference number: 05678/2022-2023/IRRTT
|
2nd floor, 3 High Street, Rosenpark, Bellville, 7530 |
