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.
Name of Body | Coca‑Cola Africa Proprietary Limited |
Head of Body | Sergio Vieira |
Email address | dpoafrica@coca-cola.com |
Postal Address | Building 1, Oxford & Glenhove Road, Houghton Estate, 2198, Johannesburg PO Box 9999 |
Street Address | Building 1, Oxford & Glenhove Road, Houghton Estate, 2198, Johannesburg |
Telephone contact number | 0860112526 |
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:
Information Officer | Mpumelelo Mazibuko (Mr.) |
Physical Address | Building 1, Oxford & Glenhove Road, Houghton Estate, 2198, Johannesburg |
Telephone Number | 0860112526 |
Email address | dpoafrica@coca-cola.com |
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.
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]
Category of Data Subject | Category of Personal Information |
Natural persons | Names; contact details; physical and postal addresses; date of birth; age ID number; tax related information; nationality; gender; banking details; personal views and opinions; and confidential correspondence. |
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. |
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; physical and postal address; contact details; opinions, criminal behaviour and/or criminal records; well-being; 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. |
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"
____Request is made in my own name | ____Request is made on behalf of another person |
PERSONAL INFORMATION | |
Full Names |
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Identity Number |
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Capacity in which request if made (when made on behalf of another person) |
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Postal Address |
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Street Address |
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Email Address |
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Contact Numbers | Tel (B): Facsimile: Cellular: |
Full names of person on whose behalf request is made (if applicable): |
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Identity Number |
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Postal Address |
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Street Address |
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Email Address |
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Contact Numbers | Tel (B): Facsimile: Cellular: |
PARTICULARS OF RECORD REQUESTED Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located. (If the provided space is inadequate, please continue on a separate page and attach it to this form. All additional pages must be signed.)
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Description of record or relevant part of the record:
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Reference number, if available
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Any further particulars of record
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TYPE OF RECORD (Mark the applicable box with an "X") | |
Record is in written or printed form |
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Record comprises virtual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc) |
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Record consists of recorded words or information which can be reproduced in sound |
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Record is held on a computer or in an electronic, or machine-readable form |
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Printed copy of record (including copies of any virtual images, transcriptions and information held on computer or in an electronic or machine-readable form) |
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Written or printed transcription of virtual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc) |
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Transcription of soundtrack (written or printed document) |
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Copy of record on flash drive (including virtual images and soundtracks) |
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Copy of record on compact disc drive(including virtual images and soundtracks) |
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Copy of record saved on cloud storage server |
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MANNER OF ACCESS (Mark the applicable box with an "X") | |
Personal inspection of record at registered address of public/private body (including listening to recorded words, information which can be reproduced in sound, or information held on computer or in an electronic or machine-readable form) |
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Postal services to postal address |
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Postal services to street address |
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Courier service to street address |
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Facsimile of information in written or printed format (including transcriptions) |
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E-mail of information (including soundtracks if possible) |
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Cloud share/file transfer |
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Preferred language (Note that if the record is not available in the language you prefer, access may be granted in the language in which the record is available) |
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PARTICULARS OF RIGHT TO BE EXERCISED OR PROTECTED If the provided space is inadequate, please continue on a separate page and attach it to this Form. The requester must sign all the additional pages. | |
Indicate which right is to be exercised or protected
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Explain why the record requested is required for the exercise or protection of the aforementioned right:
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FEES | |
a) A request fee must be paid before the request will be considered. b) You will be notified of the amount of the access fee to be paid. c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record. d) If you qualify for exemption of the payment of any fee, please state the reason for exemption
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Reason |
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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:
Postal address | Facsimile | Electronic communication (Please specify) |
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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
Item | Description | Amount |
1. | The request fee payable by every requester | R140.00 |
2. | Photocopy/printed black and 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 a flash drive (to be provided by requestor)
| R40.00 |
| For a copy in a computer-readable form on a compact disc if provided by requestor
| R40.00 |
| For a copy in a computer-readable form on a compact disc if provided to the requestor | 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 | Service to be outsourced. Will depend on quotation from service provider. |
7. | Transcription of an audio record, per A4 size page | R24.00 |
8. | Copy of an audio record on flash drive (to be provided by requestor) | R40.00 |
| Copy of an audio record on compact disc if provided by requestor
| R40.00 |
| Copy of an audio record on compact disc if provided to the requestor | 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
| R145.00 |
| To not exceed a total cost of | 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. |
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.
A | DETAILS OF THE DATA SUBJECT |
Name(s) and surname / registered name of data subject: |
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Unique identifier/ Identity Number: |
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Residential, postal or business address |
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Code ( ) | |
Contact number(s): |
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Fax number/E-mail address: |
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B | DETAILS OF RESPONSIBLE PARTY |
Name(s) and surname / registered name of responsible party: |
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Residential, postal or business address: |
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Code ( ) | |
Contact number(s): |
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Fax number/ E-mail address: |
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C | INFORMATION TO BE CORRECTED/DELETED/ DESTRUCTED/ DESTROYED |
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D | REASONS FOR *CORRECTION OR DELETION OF THE PERSONAL INFORMATION ABOUT THE DATA SUBJECT IN TERMS OF SECTION 24(1)(a) WHICH IS IN POSSESSION OR UNDER THE CONTROL OF THE RESPONSIBLE PARTY; and or REASONS OR *DESTRUCTION OR DELETION OF A RECORD OF PERSONAL INFORMATION ABOUT THE DATA SUBJECT IN TERMS OF SECTION 24(1)(b) WHICH THE RESPONSIBLE PARTY IS NO LONGER AUTHORISED TO RETAIN. (Please provide detailed reasons for the request) |
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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.
A | DETAILS OF THE DATA SUBJECT |
Name(s) and surname/ registered name of data subject: |
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Unique identifier/ Identity Number: |
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Residential, postal or business address |
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Code ( ) | |
Contact number(s): |
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Fax number/E-mail address: |
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B | DETAILS OF RESPONSIBLE PARTY |
Name(s) and surname/ Registered name of responsible party: |
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Residential, postal or business address: |
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Code ( ) | |
Contact number(s): |
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Fax number/ E-mail address: |
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C | REASONS FOR OBJECTION IN TERMS OF SECTION 11(1)(d) to (f) (Please provide detailed reasons for the objection) |
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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