Manual in Terms of the Promotion of Access to Information Act

1. INTRODUCTION

1. This manual is published pursuant to sections 14 and 51 of the Promotion of Access to Information Act 2 of 2000 (the “Act”) which was promulgated in order to nurture an ethos which promotes transparency, accountability and effective governance of all private and public bodies. This Act gives effect to section 32 of the Constitution of the Republic of South Africa, 1996, which provides for the right of access to information in a manner that affords persons a means/platform to obtain the records of private and public bodies as promptly and as efficiently as reasonably possible to endorse, including but not limited to, mechanisms and procedures that empower and educate all persons.

2. Chapter two of the Act provides for the requisite compilation of a publication and availability of certain public records. In essence, it is incumbent on the head of a private body to compile a manual that provides information, as provided for in this manual, on the types and categories of records that are held by a public or private body.

3. In light of the promulgation of the Protection of Personal Information Act 4 of 2013 (“POPIA”) and the amendments made to section 10 thereof, the Information Regulator must, if necessary, make available, update and publish a guide at intervals not exceeding two years. This guide must comprise information, in an effortlessly coherent form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in this Act and POPIA.

4. The purpose of POPIA is to give effect to the constitutional right to privacy by safeguarding personal information when processed by a responsible party, subject to justifiable limitations and other rights – in this instance, the right of access to information.

5. The following words will bear the following meaning in this manual –

1. 5.1. “Act” – the Promotion of Access to Information Act, No. 2 of 2000, together with all relevant regulations published;

1. 5.2. “Information Officer” – the person that is responsible for discharging the duties and responsibilities assigned to the “head” of the private institution in terms the Act;

1. 5.3. “manual” – this manual together with all annexures thereto as available at the offices of Nova Life from time to time;

1. 5.4. “Personal Requester” – means a requester seeking access to a record containing personal information about the requester;

1. 5.5. “Nova Life” – refers collectively to Nova Life Proprietary Limited and its Group Affiliates namely Nova Gold Proprietary Limited, IPS Health and Wellness Proprietary Limited, The Box Fashion International Proprietary Limited, Isabella Garcia International Proprietary Limited, The Hobby Group and Besige Brientjies Proprietary Limited; “

1. 5.6. Republic” – the Republic of South Africa; and

1. 5.7. “Requester” – means any person making a request for access to a record whether or not such record contains personal information relating to him/her.

6. This policy must be read in conjunction with the Privacy Policy of Nova Life.

2. CONTACT DETAILS OF NOVA LIFE'S INFORMATION OFFICER

1. If there is any person who wishes to request any information from Nova Life in order to protect and exercise a right, that person may do so by contacting the Information Officer. The contact details of the Information Officer of Nova Life are as follows –

2. Name: Mr. Dakin Parker

3. Designation: General Manager

4. Physical address: Forum Building, corner Govan Mbeki and Totius Streets, Potchefstroom, 2520

5. Tel: 010 140 0308

6. Email: einfo@novalifesales.co.za

3. GUIDE IN TERMS OF SECTION 10 OF THE ACT

1. Section 10 of the Act provides that the South African Human Rights Commission (“SAHRC”) must publish a Guide to assist users in the interpretation of the Act, which Guide will contain such information which will be reasonably be required by a person who wishes to exercise any right in terms of the Act.

2. The Guide contains information relating to, amongst others, the purpose of the Act, particulars of the Information Officer of every public body, particulars of private bodies, the manner and form of a request for access to information held by a body, the Regulations in terms of the Act and legal remedies.

3. A copy of the Guide is available on the SAHRC website and any queries regarding this Guide should be directed to:

THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION
THE PAIA UNIT
Physical address: 2nd Floor Braampark Forum 3, 33 Hoofd Street, Braampark Office Park, Braamfontein
Tel: 011 877 3627
Website: www.sahrc.org.za
Contact: Chantelle Kisoon
Email: ckisoon@sahrc.org.za

4. THE TYPES OF RECORDS HELD BY NOVA LIFE THAT MAY BE REQUESTED

1. Nova Life processes records relating to identification and contact information, financial information, medical and health information, telephone recordings, special personal information and other marketing information. However, please note that requesting a category or subject matter of information in this Manual does not imply that a request for access to such records would be granted. All requests for access will be evaluated on a case-by-case basis in accordance with the provisions of the Act.

5. DOCUMENTS AVAILABLE IN ACCORDANCE WITH OTHER LEGISLATION

1. Nova Life keeps information/documents in accordance with the following legislation (please note that this is not an exhaustive list):

1. 1.1. Basic Conditions of Employment Act 75 of 1997;

1. 1.2. Labour Relations Act 66 of 1995;

1. 1.3. Employment Equity Act 55 of 1998;

1. 1.4. Consumer Protection Act 68 of 2008;

1. 1.5. Companies Act 61 of 1973;

1. 1.6. Skills Development Levies Act 66 of 1995;

1. 1.7. Financial Intelligence Centre Act 38 of 2001;

1. 1.8.Value Added Tax 89 of 1991;

1. 1.9. Unemployment Insurance Act 63 of 2001; and

1. 1.10. Compensation for Occupational Injuries and Diseases Act 130 of 1993.

6. ACCESS TO RECORDS HELD BY NOVA LIFE

1. Records held by Nova Life may be accessed by a Requester once the prerequisite requirements for access have been met. The Act provides that a Requester must be given access to any record of Nova Life if:

1. 1.1. That record is required for the exercise or protection of any rights;

1. 1.2. That person complies with the procedural requirements in the Act relating to a request for access to that record; and

1. 1.3. Access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of the Act.

2. In addition to the requirements referred to above, when a public body requests access to a record of a private body for the exercise or protection of any rights, other than its rights, it must be acting in the public interest.

3. A request contemplated above includes a request for access to a record containing personal information about the Requester or the person on whose behalf the request is made.

7. PRESCRIBED FORM OF REQUEST

1. A request for the access to any record of Nova Life must be made in the prescribed form to Nova Life at the address or e-mail address that has been provided for above. Please refer to the requisite form, Annexure A which provides for the request for access to records held by a private body. Further to the above, Requesters must:

1. 1.1. Provide sufficient particulars to enable the Information Officer at Nova Life to identify the Requester as well as the record/s being requested;

1. 1.2. Indicate which form of access is required;

1. 1.3. Specify a postal address or e-mail address of the Requester in the Republic;

1. 1.4. Identify the right that the Requester is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right;

1. 1.5. If the Requester wishes to be informed of the decision on the request in any other manner, to state such manner and the necessary particulars to be so informed; and

1. 1.6. If the request is made on behalf of a person, to submit proof of the capacity in which the Requester is making the request, to the reasonable satisfaction of Information Officer.

8. FEES

1. The Act provides for two types of fees, namely:

1. 1.1. A request fee, which will be a standard non-refundable administration fee, payable prior to the request being considered; and

1. 1.2. An access fee, payable when access is granted which must be calculated by taking into account reproduction costs, search and preparation time and cost, as well as postal costs.

2. Subsequent to a request being made, the Information Officer, shall by notice require the Requester, excluding personal Requester, to pay the prescribed request fee (if any), before further processing of the request.

3. If the search for and preparation for disclosure of the record has been made, including arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, Nova Life will request the Requester to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted.

4. Nova Life may withhold a record until the Requester has paid the fees as indicated in Annexure B.

5. A Requester whose request has been granted must pay the applicable access fee for reproduction, search, 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 request form.

6. A request for a refund of the deposit may be made if the request for access is refused.

9. CONSIDERATION OF THE REQUEST

1. Nova Life will have deemed to have received your request once all the requirements in respect of the Act have been fulfilled.

2. Nova Life will process the request within 30 days and decide whether to grant or decline the request and give notice with reasons (if required) to that effect. This is subject to any extensions of time in terms of the Act and any special reasons provided by the Requester to extend the time period.

3. The Information Officer’s failure to respond to the Requester within the thirty day period constitutes a deemed refusal of the request.

4. Section 59 of the Act provides that the Information Officer may sever a record and grant access only to that portion which the law does not prohibit access to.

5. The main grounds of refusal for Nova Life to refuse a request for information relate to, amongst others:

1. 5.1. Mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person;

1. 5.2. Mandatory protection of the commercial information of a third party, if the record contains:

1. 1. 5.2.1. Trade secrets of that third party;

1. 1. 5.2.2. Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party; and

1. 1. 5.2.3. Information disclosed in confidence by a third party to Nova Life, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;

1. 5.3. Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;

1. 5.4. Mandatory protection of the safety of individuals and the protection of property;

1. 5.5. Mandatory protection of records which would be regarded as privileged in legal proceedings;

1. 5.6. The commercial activities of Nova Life, which may include:

1. 1. 5.6.1. Trade secrets of Nova Life;

1. 1. 5.6.2. Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of Nova Life;

1. 1. 5.6.3. Information which, if disclosed could put Nova Life at a disadvantage in negotiations or commercial competition; and

1. 1. 5.6.4. A computer program which is owned by Nova Life, and which is protected by copyright.

1. 5.7. The research information of Nova Life or a third party, if its disclosure would disclose the identity of Nova Life, the researcher or the subject matter of the research and would place the research at a serious disadvantage.

10. REMEDIES

1. Nova Life does not have internal appeal procedures. As such, the decision made by Nova Life is final and Requesters will have to exercise external remedies at their disposal to obtain appropriate relief.