Access to Information Manual (PAIA)
Core Gaming Systems Proprietary (Company) t/a Nintendo Distributor South Africa
Registration number: 2007/019058/07
Manual prepared in terms of section 51 of the Promotion of Access to Information Act (ACT 2 OF 2000) (PAIA) and updated in accordance with the Protection of Personal Information Act (ACT 4 OF 2013) (POPIA) (MANUAL).Purpose
- PAIA is an Act that was passed to give effect to the constitutional right, held by everyone in South Africa, of access to information which is held by the State or by another person and which is required for the exercise or protection of any right. Where a request is made in terms of PAIA, the body to which the request is made is obliged to give access to the requested information, except where the Act expressly provides that the information may or must not be released.
- It is important to note that PAIA recognises certain limitations to the right of access to information, including, but not exclusively, limitations aimed at the reasonable protection of privacy, commercial confidentiality, and effective, efficient and good governance, and in a manner which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.
- POPIA was enacted in November 2013, to promote the protection of personal information processed by public and private bodies. POPIA amended certain provisions of PAIA, balancing the need for access to information with the need to ensure the protection of personal information.
- One of the main requirements specified in PAIA is the compilation of an information manual that provides information on both the types and categories of records held by a private body. This document serves as the Company’s information manual. This Manual is compiled in accordance with section 51 of PAIA and the Schedule to POPIA. It is intended to give a description of the records held by and on behalf of the Company; to outline the procedure to be followed and the fees payable when requesting access to any of these records in the exercise of the right of access to information, with a view of enabling requesters to obtain records which they are entitled to in a quick, easy and accessible manner.
- This Manual is available for public inspection:
- at the physical address of the Company, recorded in paragraph 4 below, free of charge; and
- on this website, free of charge; and
- on request by any person (along with payment of a prescribed fee).
- The Manual is available from the designated Information Officer, whose details appear below.
- The responsibility for administration of, and compliance with, PAIA and POPIA have been delegated to the Information Officer.
- Requests pursuant to the provisions of PAIA and/or POPIA should be directed to the Information Officer as follows:
P.O. Box 781935
1 Sandton Drive
Description of Information Regulators Guide
- The South African Human Rights Commission (SAHRC) has compiled a guide in terms of Section 10 of PAIA (Guide). It contains information required by a person wishing to exercise any right, as contemplated by PAIA and POPIA. It is available in all of the official languages.
- The Guide is available for inspection, inter alia, at the office of the offices of the Human Rights Commission at 1 Sandton Drive, Sandton, 2146 and at www.sahrc.org.za
- For further information please contact the SAHRC:
- E-mail: email@example.com
- Website: www.sahrc.org.za
- Head office address: The South African Human Rights Commission Braampark Forum 3, 33 Hoofd Street, Braamfontein
- Telephone: +27 11 877-3750
Records Automatically Available
No notice has been submitted to the Minister of Justice and Constitutional Development regarding the categories of records, which are available without a person having to request access in terms of Section 52(2) of PAIA. However, the information on the website of the Company is automatically available without having to request access in terms of PAIA. The only fee for access to these records may be a prescribed fee for reproduction.
Records Available in Terms of Other Legislation
Records available in terms of other legislation are as follows:
- Basic Conditions of Employment Act, No 57 of 1997Broad Based Black Economic Empowerment Act, No 53 of 2003
- Companies Act, No 71 of 2008
- Compensation for Occupational Injuries and Diseases Act, No 130 of 1993
- Constitution of the Republic of South Africa Act, No 108 of 1996
- Consumer Protection Act, No 68 of 2008
- Copyright Act, No 98 of 1978
- Electronic Communications and Transactions Act, No 25 of 2002
- Employment Equity Act, No 55 of 1998
- Financial Intelligence Centre Act, No 38 of 2001
- Income Tax Act, No 58 of 1962
- Labour Relations Act, No 66 of 1995
- National Building Regulations and Buildings Standards Act, No 103 of 1977
- National Credit Act, No 34 of 2005
- Occupational Health and Safety Act, No 85 of 1993
- Promotion of Access to Information Act, No 2 of 2000
- Promotion of Equality & Prevention of Unfair Discrimination Amendment Act, No 52 of 2002
- Protected Disclosures Act, No 26 of 2000
- Protection of Personal Information Act, No 4 of 2013
- Skills Development Act, No 97 of 1998
- Skills Development Levy Act, No 9 of 1999
- Tax Administration Act, 28 of 2011
- Unemployment Insurance Act, No 30 of 1966
- Value Added Tax Act, No 89 of 1991
The above is not an exhaustive list of statutes that may require the Company to keep records.
Subjects and Categories of Records
- General information about the Company can be accessed via the website on www.store.nintendo.co.za which is available to all persons who have access to the internet.
- The subjects on which the private body holds records and the categories on each subject in terms of Section 51(1)(e) are as listed in Annexe A hereto. Please note that a requester is not automatically allowed access to these records and that access to them may be refused in accordance with Sections 62 to 69 of the Act.
Purpose of Processing of Personal Information
- To support engagement with funders and donors
- To support engagement the media
- To support engagement with service providers
- To support engagement with the general public
- To support engagement with industry bodies
- To support recruitment and management of staff
- To support relationships with statutory and other authorities
- To support sales and marketing activities
- To support servicing tenant requirements
- To support visits to/by international exchange partners
- Employees: record of employee life cycle
- Funders and donors: records as maintained by the Company Secretary
- General public: tracking general enquiries and web site visits
- Media: records of media interactions
- Service providers: record of service provider life cycle
- Statutory and other authorities: contact details
- Employee pension fund
- Financial institutions
- Funders and donors
- Industry bodies
- Law enforcement
- Operators (service providers)
- Statutory authorities
Planned Trans-Border Flows of Personal Information
- Flows to operators (service providers)
- Flows to donors and funders
- Flows through the use of social media
- Flows to international exchange partners
Security Measures to Protect Personal Information
- Physical security measures
- Access controls
- Home and mobile measures
- Internal security measures
- Cyber security measures
- Anti-spam measures
- Anti-virus measures
- Password control
- Training in information securitySelective training of key staff
- Policies in information security
- Comprehensive coverage of all IT-related issues
- Audits of information security
- The requester must complete Form C and submit this form together with a request fee, to the person delegated to deal with requests (for “the designated head”). The form must be submitted using any of the methods noted below:
- Postal Address of Company: PO Box 781935, Sandton, 2146
- Street Address of Company: 1 Sandton Drive, Sandton, 2146
- Tel. No of Company: 087 057 5500
- E-mail address of the delegated designated head: firstname.lastname@example.org
Form of request:
- The requester must use the prescribed form, as attached in terms of Article 8 of this Manual, to make the request for access to a record. This must be made to the designated head. This request must be made to the address, or electronic mail address of the body concerned [s 53(1)].
- The requester must provide sufficient detail on the request form to enable the designated head to identify the record and the requester.
- The requester should indicate which form of access is required.
- The requester should indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c)].
- The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2)(d)].
- If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the designated head of the private body [s 53(2)(f)].
- A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee.
- Every other requester, who is not a personal requester, must pay the required request fee.The designated head of the private body must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)].
- The fee that the requester must pay to a private body is currently R50,00. The requester may lodge an application to the court against the tender or payment of the request fees 54(3)(b)].
- After the designated head of the private body has made a decision on the request, the requester must be notified in the required form.
- If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].
Grounds for refusing a request
The Company has the right to reject any request for information submitted in terms of Sections 62 to 70 of Chapter 4 of the PAIA Act.
Availability of the manual
This Manual is available for inspection at the office of the Company free of charge; from the SAHRC.
Fees in respect of Private Bodies
- The following is a breakdown of the fees structure for the purposes of determining the manner in which fees relating to a request for access to a record of a private body are to be calculated:
- Part III of Regulation 187 published in the Government Gazette on the 15 February 2002:
- The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof.
- The fees for reproduction referred to in regulation 11(1) are as follows:
- For every photocopy of an A4-size page or part thereof R1,10
- For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form R0, 75
- For a copy in a computer-readable form on - (i) stiffy disc R 7, 50; (ii) compact disc R 70,00
- (i) For a transcription of visual images, for an A4-size page or part thereof R 40,00, (ii) For a copy of visual images R 60,00
- (i) For a transcription of an audio record, for an A4-size page or part thereof R 20,00; (ii) For a copy of an audio record R 30,00
- The request fee payable by a requester, other than a personal requester, referred to in Regulation 11(2) is R50,00.
- The access fees payable by a requester referred to in Regulation 11(3) are as follows:
- For every photocopy of an A4-size page or part thereof R 1,10;
- For every printed copy of an A4-size page or part; thereof held on a computer or in electronic or machine-readable form R 0,75;
- For a copy in a computer-readable form on - (i) stiffy disc R 7,50; (ii) compact disc R 70,00
- (i) For a transcription of visual images, for an A4-size page or part thereof R 40,00;
- For a copy of visual images R 60,00
- (i) For a transcription of an audio record, for an A4-size page or part thereof R 20,00;
- For a copy of an audio record R 30,00
- To search for and prepare the record for disclosure, R30,00; for each hour or part of an hour reasonably required for such search and preparation.
- For purposes of section 54(2) of the Act, the following applies:
- Six hours as the hours to be exceeded before a deposit is payable; and
- one third of the access fee is payable as a deposit by the requester.
- The actual postage is payable when a copy of a record must be posted to a requester.
- BBBEE compliance
- Internal auditing and risk
- Legislation compliance
- Regulatory reports
- Policies and procedures
- Membership with industry bodies
- Corporate Governance
- Annual reports
- Board and sub-committee administration
- Company directorships
- Company registrations
- Strategic management
- Audit management
- Creditors control
- Debtors control
- Funders and donors
- Management accounts
- Salary administration
- Tax management
- Treasury management
- Utilities management
- Human Resources
- Disciplinary actions
- International exchange visits/partnerships
- Job profiles
- Performance management
- Staff benefits and incentives
- Staff list
- Training and skills development
- Information Technology
- Information systems
- Network security
- Software licences
- Technology assets
- Compliance documentation of service providers
- Procurement committee administration
- Procurement proposals and tenders
- Service provider records
- A library has been established which include research reports, books and journals relating to the social housing industry.
- Revenue Management
- Leasing administration and agreements
- Tenant personal information
- Marketing and promotions
- Market research and surveys