MANUAL PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2 OF 2000, as amended (“PAIA”) as amended by the Protection of Personal Information Act, 4 of 2013 (“POPIA”) OF COCA‑COLA AFRICA PROPRIETARY LIMITED
(REG. NO.:1986/003669/07)
(“CCA”) 

Date of Compilation: 22 June 2021
Date of Revision: 26 January 2024

1.  An introduction to PAIA

1.1.  South Africa’s system of government, before 27 April 1994, resulted in a secretive and unresponsive culture within public and private bodies, which often led to an abuse of power and human rights violations.

1.2.  PAIA, together with all relevant legislation, provides you with the right of access to information held by public and private bodies when you request such information in accordance with the provisions of PAIA, for the exercise or protection of any of your or another person’s rights.

1.3.  If you make such a request, a public or private body must release the information unless PAIA or any other relevant law states that the records containing such information may not be released.

1.4.  For purposes of this Manual, we refer to ourselves as “CCA”, “we”, “us” or “our”.

1.5.  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.

2.  About our business

CCA is a wholly subsidiary of The Coca‑Cola Company (“TCCC”), which is a total beverage company with around 200 brands.  If you would like to find out more about us, including our main business activities, our company profile is available at https://www.coca-cola.com/za/en

3. Our contact details^[1]

PAIA requires us to provide you with certain contact details.  We have set out our contact details immediately below.

4.  Where to get guidance regarding submitting a PAIA request^[2]

4.1.  The Information Regulator (“Regulator”), in terms of section 10(1) of PAIA, has 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. 

The Guide is currently available in all the official languages of South Africa. It also contains description of, among others, the objects of PAIA and POPIA, the manner and form of request for access to a record, assistance available from the Regulator.

4.2.  The Guide is made available for inspection by the public at the offices of the Information Regulator at JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001, telephone number: 010 023 5200, email address enquiries@inforegulator.org.za. The Guide may also be accessed at the head office of CCA as provided above.

4.3.  PAIA prescribes the appointment of the Information Officer for both private and public bodies.  The head of a private body is automatically the Information Officer unless that role is authorised to another person.  The Information Officer has the responsibility to deal with any requests made in terms of PAIA and is also responsible for ensuring compliance with POPIA.  CCA has opted to appoint an Information Officer.  The contact details of the Information Officer are:

5.  Information that is automatically available without a PAIA request^[3]

5.1.  PAIA tries to make access to information easier for everyone.  It does this by suggesting that entities, such as CCA, voluntarily compile categories of documents and information (records) that you may request, without having to go through the formal PAIA request process.^[4]

5.2.  Information on the CCA website is automatically available and does not need to be formally requested in terms of the PAIA request process.  Our brochures, press releases, publications and marketing material are also automatically available and can be made available upon request.

6.  Records kept in terms of the other legislation^[5]

6.1.  We are subject to various laws and regulations, some of which require us to keep certain records.  We have set out, below, laws that we may be subject to, and which may require us to keep certain records.

• Basic Conditions of Employment Act 75 of 1997
• Broad Based Black Economic Empowerment Act 53 of 2003 and Codes of Good Practice
• Companies Act 71 of 2008
• Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
• Competition Act 89 of 1998
• Copyright Act 98 of 1978
• Consumer Protection Act 68 of 2008
• Electronic Communications Act 36 of 2005
• Employment Equity Act 55 of 1998
• Financial Intelligence Centre Act 38 of 2001
• Income Tax Act 58 of 1962
• Insolvency Act No. 24 of 1936
• Labour Relations Act 66 of 1995
• National Credit Act 34 of 2005
• Occupational Health & Safety Act 85 of 199
• Pension Funds Act 24 of 1956
• POPIA
• Skills Development Act 97 of 1998
• Skills Development Levies Act 9 of 1999
• Standards Act 8 of 2008
• Trade Marks Act No. 194 of 1993
• Value Added Tax Act 89 of 1991

6.2.   We have used our best endeavours to provide a list of applicable legislation. However please note that the above list may not be exhaustive.  In the event where existing or new legislation allows a requester access on a basis other than as set out in PAIA, we will update the list accordingly.  If you believe that a right of access to a record exists in terms of other legislation listed above or any other legislation, you are required to indicate what legislative right the request is based on, to allow the Information Officer the opportunity to consider the request in light thereof.

7.  A description of subjects we hold records on and categories of records ^[6]

7.1.  PAIA requires us to make access to our records easier.  To do so, we have described below, some of the key subjects on which we hold records, divided into categories:

8.  Information on how you can make a PAIA request to us^[7]

8.1.  If you would like to make a PAIA request to CCA, you may do so on the request Form 2 of Annexure A provided in the Regulations relating to the Promotion of Access to Information, 2021 published in Government Notice No. R.757 dated 27 August 2021 or on a substantially similar form.  We have, for your convenience attached the form to this Manual. It is attached as Annexure 1 (Form 2) and a link to the form is provided on the last page of this Manual.

8.2.  It is important that you address any requests for access to records to the Information Officer at the address, or e-mail address provided above in this Manual. It is important that you provide us with sufficient detail on the request form to enable us to identify you and the record you need from us.  You must also indicate in what form you would like to access the records, for example hardcopy printouts or electronic format.  Please also let us know whether, in addition to a written response, you would like us to contact you in some other way, for example by telephone or email.  If so, please provide us with your additional contact details.

8.3.  It is vital that you identify the right that you want to exercise or protect and provide us with an explanation of why the requested record is required for the exercise or protection of that right.

8.4.  If you are making a request on behalf of another person, you must submit proof of the capacity and/or authority upon which you make the request.  This proof will be subject to the satisfaction of the Information Officer.

8.5.  If you do not use the standard form (in Annexure 1 to this Manual), your request may be rejected for lack of procedural compliance, refused (if sufficient information is not provided or otherwise) or delayed.

8.6.  Please note that you will also be required to pay the prescribed fees.  The list of prescribed fees in respect of requests, and in respect of access to records (if the request is granted) is set out in Annexure 2 to this Manual

8.7.  If you are requesting records that are not related to a personal request, we will first notify you of the prescribed fee (if any) before processing the request any further. You may lodge an internal appeal or an application to Court, against our requirement that you pay a request fee.

8.8.  We will then make a decision on the request and notify you in the required form.

8.9.  If your request is granted, then a further access fee must be paid for the reproduction and search and preparation of the record, and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.

8.10.  Please note that we will evaluate and consider all requests which we receive in accordance with PAIA.  It is important to remember that, even though we have published this Manual and described the categories and subject matter of information or records that we hold, this does not give you any rights to access such information or records, except in terms of PAIA.  Records that you may not be entitled to include those of third parties who are natural persons (i.e. humans), the commercial information of third parties, the safety of individuals or protection of property, those that are privileged from production or publication in terms of legal proceedings, the commercial information of a private body and research information of a third party and a private body.

9.  Information related to POPIA^[8]

9.1.  Introduction

POPIA requires us to provide you with certain information relating to how personal information that we process is, amongst others, used, disclosed and secured.  We have set out the required information below.

9.2.  Information on request made under POPIA

9.2.1.  POPIA provides that you may, upon proof of identity, request us to confirm, free of charge, whether or not we hold any personal information about you.  You may also request the record or description of the personal information about you, including information about the identity of third parties who have or have had access to such information.

9.2.2.  Requests for personal information under POPIA must be made in accordance with the provisions of POPIA and PAIA.^[9] . This process is outlined in paragraph 8 above.  We will give you a written estimate of the fee for providing you with your personal information, before providing you with the service.  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.^[10]

9.2.3.  You have the right to request the correction, and under certain circumstances, the deletion or destruction of your personal information, in the prescribed form^[11] . If you wish to request correction, deletion or destruction of personal information, you 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 Annexure 3.

9.2.4.  Under certain circumstances, you may also object to the processing of your personal information on reasonable grounds relating to your situation in the prescribed form^[12].  If you wish to object, you must complete the prescribed form attached as Annexure 4 and submit it to the Information Officer at the postal or physical address or electronic mail address set out above^[13].

9.3.  Purpose of processing^[14]

9.3.1.  POPIA provides that personal information must be processed for a specified purpose.

9.3.2.  The purpose for which information is processed will depend on the type of personal information that we collect and our relationship with you as a data subject.  The purpose for which your information is processed is ordinarily disclosed, explicitly or implicitly at the time of collection.   Please also refer to CCA’s Privacy Policy for further information, available at the following link: https://www.coca-cola.com/za/en/legal/privacy-policy

9.4.  Personal Information that is processed^[15]

9.5.  Categories of recipients for purposes of processing personal information^[16]

9.5.1.  We may supply personal Information to these potential recipients:

• Entities within the TCCC group of companies;
• Management;
• Employees;
• Temporary Staff; and
• Sub-contracted Operators

9.5.2.  We may disclose personal information we collected to any of our 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.

9.5.3.  We may disclose personal information with any Regulatory and governmental authorities or ombudsmen, or other authorities, including tax authorities.

9.5.4.  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.

9.6.  General description of information security measures^[17]

CCA 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:

• Firewalls;
• Virus protection software and update protocols;
• Physical access control;
• Secure setup of hardware and software making up our information technology infrastructure.

10. AVAILABILITY OF MANUAL. A copy of this manual is available at https://www.coca-cola.com/za/en or at our head office at Building 1, Oxford & Glenhove Road, Houghton Estate, 2198, Johannesburg. A fee for a copy of the Manual, as contemplated in annexure B of the Regulations, shall be payable per each A4-size photocopy made.

11. UPDATING THE MANUAL: This Manual will be updated on a regular basis. 

ANNEXURE 1

FORM 2

REQUEST FOR ACCESS TO RECORD

[Regulation 7]

NOTE:

1.Proof of identity must be attached by the requester.
2.If requests made on behalf of another person, proof of such authorisation, must be attached to this form.

TO: The Information Officer
______________________
______________________
______________________
______________________

(Address)

E-mail address:_____________________________

Fax number: _____________________________

Mark with an "X"

You will be notified in writing whether your request has been approved or denied and if approved the costs relating to your request, if any. Please indicate your preferred manner of correspondence:

Signed at ____________________ this ___________ day of ________________ 20 _________

________________________________________________________

Signature of Requester / person on whose behalf request is made

FOR OFFICIAL USE

• Reference number:
• Request received by:

(State Rank, Name and Surname of Information Officer)

• Date received:
• Access fees:
• Deposit (if any):

____________________________

Signature of Information Officer

ANNEXURE 2

FEES IN RESPECT OF PRIVATE BODIES IN TERMS OF PAIA

ANNEXURE 3

REQUEST FOR CORRECTION OR DELETION OF PERSONAL INFORMATION OR DESTROYING OR DELETION OF RECORD OF PERSONAL INFORMATION IN TERMS OF SECTION 24(1) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)

REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018

[Regulation 3]

Note:

1.  Affidavits or other documentary evidence as applicable in support of the request may be attached.

2.  If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.

3.  Complete as is applicable.

Mark the appropriate box with an "x".

Request for:

Correction or deletion of the personal information about the data subject which is in possession or under the control of the responsible party.

Destroying or deletion of a record of personal information about the data subject which is in possession or under the control of the responsible party and who is no longer authorised to retain the record of information.
 

Signed at .......................................... this ...................... day of ...........................20………...

...........................................................................

Signature of data subject/ designated person

ANNEXURE 4

OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION IN TERMS OF SECTION 11(3) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)

REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018

[Regulation 2]

Note:

1.  Affidavits or other documentary evidence as applicable in support of the objection may be attached.

2.  If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.

3.  Complete as is applicable.
 

Signed at .......................................... this ...................... day of ...........................20………...

...........................................................................

Signature of data subject/ designated person

^[1]Section 51(1)(a) of PAIA

^[2]Section 51(1))b)(i) of PAIA once amended by section 110 of POPIA.

^[3]Stion 51(1)(b)(ii) of PAIA once amended by section 110 of POPIA.

^[4]This is set out in section 52(2) of PAIA.

^[5]Section 51(1)(b)(ii) of PAIA once amended by section 110 of POPIA.

^[6]Section 51(1)(b)(iv) of PAIA once amended by section 110 of POPIA.

^[7]Section 51(1)(b)(iv) of PAIA once amended by section 110 of POPIA and section 53 of PAIA.

^[8]Section 51(1)(c) of PAIA once amended by section 110 of POPIA.

^[9]Section 25 of POPIA.

^[10]Section 23(3)(a) and (b) of POPIA.

^[11]Section 23(2) and 24 of POPIA.

^[12]Section 11(3)(a) of POPIA.

^[13]Form 2 of the Regulations Relating to the Protection of Personal Information.

^[14]Section 51(1)(c)(i) of PAIA once amended by section 110 of POPIA.

^[15]Section 51(1)(c)(ii) of PAIA once amended by section 110 of POPIA. The information provided under this section refers to broad categories of information. This list is not exhaustive.

^[16]Section 51(1)(c)(iii) of PAIA once amended by section 110 of POPIA.

^[17]Section 51(1)(c)(v) of PAIA once amended by section 110 of POPIA.

LINKS TO IMPORTANT FORMS UNDER PAIA:

FORM 2 (REQUEST FOR ACCESS TO RECORD) https://inforegulator.org.za/wp-content/uploads/2020/07/InfoRegSA-PAIA-Form02-Reg7.pdf

FORM 3 (OUTCOME OF REQUEST AND OF FEES PAYABLE) https://inforegulator.org.za/wp-content/uploads/2020/07/Form-3-PAIA.pdf

FORM 4 (INTERNAL APPEAL FORM) https://inforegulator.org.za/wp-content/uploads/2020/07/InfoRegSA-PAIA-Form04-Reg9.pdf