POPI Compliance

Access to Information Manual

We respect your right of access to information. This document will help you exercise that right as required by section 51 of the Promotion to Access of Information Act 2 of 2000 (“PAIA”).

Introduction

We are a hotel which provides accommodation and tourism services to clients. This is our ‘Access To Information Manual’. Its purpose is to help you access our information and any other information that we have.

PAIA requires us to make it available to you so that you:

know what types of information we have; and
can request access to it.

Our details

Our details are as follows:

Company name: Jabulani Collection (Pty) Ltd
Registration number: 2020/920643/07
Postal address: PO Box 25745, Monument Park, 0105
Physical address: Unit 1 Waterkloof forum, 374 Milner Street, Waterkloof, 0181
Phone number: 012 460 5605
Fax number: N/A
Contact email address: admin@jabulanisafari.com
Website: jabulanisafari.com

Further guidance

If you would like further guidance on how you can get access to information under PAIA, you may contact the South African Human Rights Commission (“SAHRC”) to find out more information about PAIA. They have a guide in each official language of South Africa on how to exercise any right under PAIA. Their contact details are as follows:

Phone number: 011 877 3825
Fax number: 011 403 0625
Postal address: Private Bag X2700, Houghton, 2041
Physical address: Braampark Forum 3, 33 Hoofd Street, Braamfontein, Johannesburg Website: https://www.sahrc.org.za/index.php/understanding–paia

Records we hold

We hold the following subjects and categories of records:

Company records;
Business records;
Financial records;
Insurance records;
Personnel records;
Policies and directives;
Agreements or contracts;
Regulatory documents;
Published information;
Customer information; and
Reference materials.

4.1. Company records

Company records are all our records related to the incorporation and administration of our company. Some of them are available from the Companies and Intellectual Property Commission (CIPC).

Memorandum of Incorporation – Automatically available from CIPC
Directors’ names – Automatically available from CIPC
Documents of incorporation – Automatically available from CIPC
Minutes of board of directors’ meetings – Not automatically available
Written resolutions – Not automatically available
Records relating to appointment of directors, auditor, secretary, public officer, or other officers – Not automatically available
Share register and other statutory registers – Not automatically available Other statutory records – Not automatically available

4.2. Business records

Business records include any documents that have economic value to the business.

Operational records – Not automatically available
Databases – Not automatically available
Internal correspondence – Not automatically available
Product records – Not automatically available

4.3. Financial records

Financial records are all our records related to our finances.

Financial statements – Not automatically available (NDA required)
Tax returns – Not automatically available
Other documents relating to taxation of the company – Not automatically available
Accounting records – Not automatically available
Banking records – Not automatically available
Banking details – Automatically available on request
Banking details – Not automatically available
Electronic banking records – Not automatically available
Paid cheques – Not automatically available
Asset register – Not automatically available
Rental agreements – Not automatically available
Invoices – Not automatically available
Financial agreements – Not automatically available

4.4. Insurance records

Insurance records are all our records related to our insurable assets.

Insurance policies held by the company – Not automatically available
Register of all immovable property owned by the company – Not automatically available

4.5. Income tax records

Income tax records are all our records related to our income tax obligations.

PAYE Records – Not automatically available
Corporate tax records – Not automatically available
Documents issued to employees for income tax purposes – Not automatically available
Records of payments made to SARS on behalf of employees- Not automatically available
VAT records – Not automatically available
Regional Services Levies – Not automatically available
Skills Development Levies – Not automatically available
UIF – Not automatically available
Workmen’s Compensation – Not automatically available

4.6. Personnel records

Personnel records are all our records about anyone who works for us, provides services to us, or provides services on our behalf and who receives or is entitled to receive remuneration, including our employees, contractors, and other personnel.

List of employees – Not automatically available
Employee personal information – Not automatically available
Employee employment contracts – Not automatically available
Employment policies and procedures – Not automatically available
Employment Equity Plan – Not automatically available
Medical aid records – Not automatically available
Pension and provident fund records – Not automatically available
Salaries of employees – Not automatically available
Leave records – Not automatically available
Internal evaluations – Not automatically available
Disciplinary records – Not automatically available
Disciplinary codes – Not automatically available
Training records – Not automatically available
Operating manuals – Not automatically available
Personal records provided by personnel – Not automatically available
Other statutory records – Not automatically available
Related correspondence – Not automatically available

4.7. Policies and directives

Policies and directives include both internal and external documents.

Internal relating to employees and the company – Not automatically available
External relating to clients and other third parties – Not automatically available
Information technology systems and documents – Not automatically available

4.8. Agreements or contracts

Agreements or contracts include the documents themselves and all related documents.

Standard Agreements – Not automatically available
Contracts concluded with customers – Not automatically available
NDAs – Not automatically available
Letters of Intent, MOUs – Not automatically available
Third party contracts – Not automatically available
Office management contracts – Not automatically available
Supplier contracts – Not automatically available

4.9. Regulatory documents

Regulatory documents include any documents required to comply with any laws.

Permits – Not automatically available
Licences – Not automatically available
Authorities – Not automatically available

4.10. Published information

Published information includes any document that we prepare and produce.

External newsletters and circulars -Automatically available
Internal newsletters and circulars – Not automatically available
Information on the company published by third parties – Not automatically available

4.11. Customer information

Customer information includes any information about anyone that we provide services to, including our customers, leads, or prospects.

Customer details – Not Automatically available
Contact details of individuals within customers – Not automatically available
Communications with customers – Not automatically available
Sales records -Automatically available
Transactional information – Not automatically available
Marketing records – Not automatically available

4.12. Reference materials

Reference materials include any sources of information that we contribute to.

Books – Not automatically available
Newsletters and journals articles -Automatically available
Magazines – Not automatically available
Newspaper articles – Not automatically available

Information we hold to comply with the law

We hold records for the purposes of PAIA in terms of the following main laws, among others:

Basic Conditions of Employment Act 75 of 1997;
Companies Act 61 of 1973;
Companies Act 71 of 2008;
Compensation for Occupational Injuries and Disease Act 130 of 1993;
Consumer Protection Act 68 of 2008;
Electronic Communications Act 36 of 2005;
Electronic Communications and Transactions Act 25 of 2002;
Employment Equity Act 55 of 1998;
Financial Intelligence Centre Act 38 of 2001;
Income Tax Act 58 of 1962;
Labour Relations Act 66 of 1995;
Occupational Health and Safety Act 85 of 1993;
Private Security Industry Regulation Act 56 of 2001;
Protection of Personal Information Act 4 of 2013;
Skills Development Levies Act 9 of 1999; Unemployment Insurance Act 63 of 2001; and
Value Added Tax Act 89 of 1991.

How to request access

We have authorised and designated our information officer to deal with all matters relating to PAIA in order to comply with our obligations in terms of PAIA. To request access to a record, please complete Form C which is available from:

the SAHRC website at this link:

https://www.sahrc.org.za/home/21/files/Form%20C.doc%20August%202013.doc; or

the Department of Justice and Constitutional Development website at this link: https://www.justice.gov.za/forms/paia/J752_paia_Form%20C.pdf.

Please submit the completed form to our information officer together with the relevant request fee (details here) at our information officer’s email address, our physical address, or by fax in terms of our details provided above. Please ensure that the completed form:

has enough information for the information officer to identify you, the requested records, and which form of access you require;
specifies your email address, postal address, or fax number;
describes the right that you seek to exercise or protect;
explains why you need the requested record to exercise or protect that right;
provides any other way you would like to be informed of our decision other than in writing; and
provides proof of the capacity in which you are making the request if you are making it on behalf of someone else (we will decide whether this proof is satisfactory).
If you do not use the standard form, we may:
we may reject the request due to lack of procedural compliance;
refuse it if you do not provide sufficient information; or
delay it.

Grounds for refusal

We may have to refuse you access to certain records in terms of PAIA to protect:

someone else’s privacy;
another company’s commercial information;
someone else’s confidential information;
the safety of individuals and property;
records privileged from production in legal proceedings; or
research information.

We will notify you in writing whether your request has been approved or denied within 30 calendar days after we have received a completed request for access form. If we cannot find any requested record or it does not exist, then we will notify you by way of affidavit that it is not possible to give access to that particular record.

How we will give you access

We will evaluate and consider all requests to us in terms of PAIA. If we approve your request for access to our records, then we will decide how to provide access to you – unless you have asked for access in a specific form. Publication of this manual does not give rise to any rights to access information records, except in terms of PAIA.

How much it will cost you

You must pay us a request fee as required by law when submitting a request for access to information.

The prescribed fees are as set out in the Fee Schedule which is available here.

You must pay us the fees before we will hand over any information. You may have to pay a further access fee if we grant the request for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.

How we process and protect personal information

We process the personal information by various methods, but mainly through capturing personal information of guests who provide such information as part of the booking and feedback processes as part of our services.

10.1. Categories of people

We process the personal information of the following categories of people:

customers or clients;
prospects or leads;
employees;
recruiters providing services related to employees;
contractors, vendors, or suppliers;
debtors and creditors; and
directors and shareholders.

10.2. Purposes

We process the personal information to:

supply our services;
better understand our data subjects’ needs when doing so;
keep our data subject records up-to-date;
manage employees in general;
manage supplier contracts in general;
manage customers in general;
manage customer credit in general;
market to customers;
enforce debts;
market services to prospects; and
process customer requests or complaints.

We generally collect and process personal information for our customers for various purposes including:

to help provide better, more satisfying services to clients during their stay;
to help improve or alter specific or general services provided by us;
to ensure that our services are paid for and that neither we, our service providers or our clients or other guests are defrauded or the victims of illicit activity; or
received and/or provide feedback from/to clients during or after their stay at our accommodation.

10.3. Categories of personal information

We process many different categories of personal information, including:

contact details, such as phone numbers, physical and postal addresses, and email addresses;
personal details, such as names and ages;
demographic details, such as races and age groups;
health information;
biometric information;
account numbers;
background information;
contract information;
credit information;
market intelligence information; and
debt and debtor information.

10.4. Third-party disclosures

We give the following people personal information that we process in the ordinary course of business to fulfil our obligations to our customers or clients:

contractors, vendors, or suppliers;
agents, distributors, or other resellers;
operators, other responsible parties, or co-responsible parties; and
third party vendors (such as software developers) to help us maintain our services.

10.5. Security

We secure our data by maintaining reasonable measures to protect personal information from loss, misuse, and unauthorized access, disclosure, alteration and destruction. We also take reasonable steps to keep personal information accurate, current, complete, and reliable for its intended use.

Other prescribed information

The Minister of Justice and Constitutional Development has not made any regulations prescribing any other information that needs to appear in this manual.