PAIA

PAIA

PURPOSE

This document serves as the information manual as required by Section 51(1) of the Promotion of Access to Information Act, No. 2 of 2000 (the “Act”). It provides information on the records held and the process that is to be followed to request access to such records.

DOCUMENTATION

Please take note that each S51 manual needs to comply with the minimum sections of PAIA as indicated above in red.

Manuals that do not comply with the minimum requirements will not be accepted and will need to be redone and re submitted to the SAHRC.

This however does not limit the contents of the manual to just those sections and each S 51 may go further to provide other information as deemed necessary.

 

INTRODUCTION

Crossroads offers specialised logistics and comprehensive services in General Freight, Fuel & Bulk Liquids, Gases, Chemicals and Explosives. We service the entire value chain, applying the highest safety standards, proven methodologies, and industry best practices.

PARTICULARS IN TERMS OF SECTION 51

CEO: Pieter Hendrik Vermeulen (CEO) , who for the purposes of this manual will be called the Information Officer.

Postal and Street address of Information Officer: PO Box 8841, Edenglen, 1613 / 118 Setter Road, Commercia Industrial Park, Midrand

Contact number for Information officer: Tel: +27 11 651 8800

Email address of the Information officer: Rene Nienaber, Chief Financial officer:  rene.nienaber@crossroads.africa

Website: https://www.crossroads.africa

Governance Structure :


THE ACT

The ACT grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest. Requests in terms of the ACT shall be made in accordance with the prescribed procedures, at the rates provided.

The forms and tariff are dealt with in paragraphs 6 and 7 of the Act. Requesters are referred to the Guide in terms of Section 10 which has been compiled by the South African Human Rights Commission, which will contain information for the purposes of exercising Constitutional Rights.

The Guide is available from the SAHRC. The contact details of the Commission are: 27 Stiemens Street, Braamfontein Tel: 011 877 3600 (Switchboard) Website: www.sahrc.org.za.

Summarised guide available on:   

https://www.sahrc.org.za/home/21/files/SAHRC%20PAIA%20Section%2010%20Guide%202020%20FINAL%20WEB.pdf

APPLICABLE LEGISLATION

Crossroads holds information/documents in accordance with, amongst other, the following legislation:

  • Basic Conditions of Employment No. 75 of 1997.
  • Companies Act No. 61 of 1973.
  • Compensation for Occupational Injuries and Health Diseases Act No.130 of 1993.
  • Employment Equity Act No. 55 of 199.
  • Finance Act No. 35 of 2000.
  • Income Tax Act No. 95 of 1967 5.
  • Labour Relations Act No. 66 of 1995.
  • Occupational Health & Safety Act No. 85 of 1993.
  • Pension Funds Act No. 24 of 1956.
  • Skills Development Levies Act No. 9 of 1999.
  • Skills Development Act No. 97 of 1998.
  • Unemployment Contributions Act No. 4 of 2002.
  • Unemployment Insurance Act No. 63 of 2001.
  • Value Added Tax Act No. 89 of 1991

The Full Legal Register is maintained by Environmental Legal Services and the full list is available on request from our Information Officer.

PERSONAL INFORMATION PROCESSED

Personal Crossroads processes personal information of several categories of data subjects for several purposes as set out below:

Categories of data subjects:

  • Service providers and suppliers.
  • Debtors and creditors.
  • Directors and shareholders.

Purpose of processing:

  • To conclude contracts with customers and manage customers in general.
  • To recruit, employ and manage employees in general.
  • Manage service providers, suppliers, and contractors’ contracts in general.

Categories of Personal Information:

  • Contact details – physical and postal addresses, phone numbers and email addresses.
  • Personal details – names, identity numbers, nationality, banking details.
  • Employees, the following information, is processed in addition to the aforementioned race, gender, marital status, next of kin, curriculum vitae, education, skills and employment history.
  • Information required to conclude contracts with a customer, employee, service provider, contractor.

SCHEDULE OF RECORDS

Records Freely Available:

The following records are freely available on the CROSSROADS’ website at www.crossroads.africa without having to request access in terms of the PAIA Act section 52(2):

Requested Records:

The following records may be requested:

 Corporate Records:

  • Registers required in terms of the Companies Act.
  • Financial Records and Management Accounts.
  • Audit Statements and Tax Records.
  • Legal and Contractual Records.
  • Corporate Policies and Procedures.
  • Purchasing Records.
  • Employee Records.
  • Skills Development and Training Records.
  • Pension Fund and Medical Aid Records.

Operational Records:

  • Client Records.
  • Supplier Records.
  • Minutes and Correspondence.
  • Billing Records.

FORM OF REQUEST

To facilitate the processing of your request, kindly email datasubjectrequest@crossroads.africa: 

Provide sufficient details to enable Crossroads to identify:

  • The record(s) requested.
  • The requester (and if an agent is lodging the request, proof of capacity).
  • The form of access required.
  • The postal address or fax number of the requester.
  • If the requester wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof.
  • The right which the requestor is seeking to exercise or protect with an explanation of the reason the records is required to exercise or protect the right.

MANDATORY DISCLOSURE IN PUBLIC INTEREST

The responsible party will only grant a request for access to the record where:

  • It is an unreasonable disclosure of personal information of a third party or deceased person.
  • It contains trade secrets of a third party.
  • Disclosure will be a breach of confidentiality.
  • Disclosure will endanger the life and physical safety.
  • Record contains information on research of a third party or private body.

 IF:

Disclosure of the record would reveal:

  • Contravention or failure to comply with the law.
  • Imminent and serious public safety or environmental risk.
  • Public interest in the disclosure of the record outweighs the harm.

 

NOTICE TO THIRD PARTIES

The responsible party considering a request for access to a record shall inform them:

  • Privacy of a natural person.
  • Commercial information.
  • Confidential information of a third party.
  • Research information of a third party.

 The responsible party will inform the third party:

  • Soon as reasonably possible or within 21 days from request.
  • Fastest means possible.

 The responsible party shall inform the third party in writing stating:

  • Name of requester.
  • Details of request.
  • Third party has 21 days to object to request to access.

  

REPRESENTATIONS AND CONSENT BY THIRD PARTIES

Third party can within 21 days after receiving notice of request:

  • Written or oral of refusal.
  • Written consent.

 Third party can state:

  • Why request should be refused or consent granted.

 

DECISIONS ON REPRESENTATIONS

  • The head of the private body within 30 days after the third party is informed:
  • Decide whether to grant access.
  • Inform third party before decision is made.
  • Notify requestor of decision.

 

PRESCRIBED FEES

A requestor is required to pay the prescribed fees of R50.00 for a public body and R35.00 for public body before a request will be processed.

The detailed fee structure is available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za. (SAHRC PAIA Sections10 Guide).

INFORMATION REGULATOR CONTACT DETAILS