1. Introduction

1.1. This Promotion of Access to Information Manual (Manual”) provides an outline of the type of records and the personal information it holds, and explains how to submit requests for access to these records in terms of the Promotion of Access to Information Act 2 of 2000 (PAIA Act”). In addition, it explains how to access, or object to, personal information held by Noordetech International Holdings (Pty) Ltd, or request correction of the personal information, in terms of paragraphs 23 and 24 of the Protection of Personal Information Act 4 of 2013 (POPI Act”).

1.2. This Manual is compiled in accordance with section 51 of PAIA as amended by the Protection of Personal Information Act, 2013 ("POPIA"). POPIA promotes the protection of personal information processed by public and private bodies, including certain conditions so as to establish minimum requirements for the processing of personal information.

1.3. The aim of this manual is to facilitate the requests for access to records of the company as provided for in the Act.

2. Definitions

2.1. Data Subject”means an individual who is the subject of personal data. In other words, the data subject is the individual whom particular personal data is about. The Act does not count as a data subject individual who has died or who cannot be identified or distinguished from others.

2.2. Noordetech International Holdings (Pty) Ltd” means duly registered company incorporated within the laws of the Republic of South Africa, registration number: 2021/162863/07.

2.3. Requester” means the person or entity requesting the information from Noordetech International Holdings (Pty) Ltd.

2.4. The Act”means Promotion Access to Information Act, 2 of 2000.

3. About Noordetech International Holdings (Pty) Ltd

3.1. Noordetech International Holdings (Pty) Ltd conducts business as a business consulting service, providing a broad range of products, services and solutions to its diversified clients. This Website is owned and operated by Noordetech International Holdings (Pty) Ltd.

3.2. Company Contact Details

Noordetech International Holdings (Pty) Ltd

Information Officer: Mr. Mzwandile Bopha

Postal Address: 58 Kings Ave, Robin Hills, Randburg, 2194

Street Address: 58 Kings Ave, Robin Hills, Randburg, 2194

Telephone Number: +2711 568 8214

Fax Number: +27 866 736 736

Email: bophanm@noordetech.com

4. Information Regulators Guide

An official Guide has been compiled which contains information to assist a person wishing to exercise a right of access to information in terms of PAIA and POPIA. This Guide is made available by the Information Regulator (established in terms of POPIA). Copies of the updated Guide are available from Information Regulator in the manner prescribed. Any enquiries regarding the Guide should be directed to:

Postal Address: 33 Hoofd Street Forum III, 3rd Floor Braampark Braamfontein, Johannesburg

Telephone Number: +27 (0)10 023 5200

Email Address: inforeg@justice.gov.za

Website: https://www.justice.gov.za/inforeg/

5. Purpose Of This Manual

5.1. The purpose of this manual is to facilitate access to records held by Noordetech International Holdings (Pty) Ltd;

5.2. to set out the requirements and process with regard to who may request information in terms of PAIA as well as the grounds on which a request may be denied;

5.3. to describe the manner and form in which a request for information must be submitted; and 5.4. to comply with the additional requirements imposed by POPIA.

6. Entry Point For Requests

6.1. PAIA provides that a person may only make a request for information, if the information is required for the exercise or protection of a legitimate right.

6.2. Information will therefore not be furnished unless a person provides sufficient particulars to enable Noordetech International Holdings (Pty) Ltd to identify the right that the requester is seeking to protect as well as an explanation as to why the requested information is required for the exercise or protection of that right. The exercise of an individual’s rights is subject to justifiable limitations, including the reasonable protection of privacy, commercial confidentiality and effective, efficient and good governance.

6.3. PAIA and the request procedure contained in this Manual may not be used for access to a record for criminal or civil proceedings, nor should information be requested after the commencement of such proceedings.

6.4. The Information Officer has been delegated with the task of receiving and co-ordinating all requests for access to records in terms of PAIA, in order to ensure proper compliance with PAIA and POPIA.

6.5. The Information Officer will facilitate the liaison with the internal legal team on all of these requests.

6.6. All requests in terms of PAIA and this Manual must be addressed to the Information Officer using the details in paragraph 3.2 above.

7. Information that is obtainable via the Noordetech International Holdings (Pty) Ltd website is automatically available and need not be formally requested in terms of this Manual.

7.1. The following categories of records are automatically available for inspection, purchase or photocopying:

7.1.1. brochures

7.1.2. press releases

7.1.3. publication; and

7.1.4. various other marketing and promotional material.

8. Information Available In Terms Of Popia In terms of POPIA, personal information must be processed for a specified purpose. The purpose for which data is processed by Noordetech International Holdings (Pty) Ltd will depend on the nature of the data and the particular data subject. Please also refer to the Noordetech International Holdings (Pty) Ltd Privacy Policy on https://www.noordetech.co.za/privacypolicy.

9. The purpose of processing personal information The type of personal information that we process will depend on the purpose for which it is collected. We will disclose to you why the personal information is being collected and will process the personal information for that purpose only.

10. Categories of Data subjects and personal information processed

10.1. Noordetech International Holdings (Pty) Ltd holds information and records on the following categories of data subjects:

10.1.1. employees or staff of Noordetech International Holdings (Pty) Ltd;

10.1.2. contractors of the Noordetech International Holdings (Pty) Ltd;

10.1.3. suppliers of the Noordetech International Holdings (Pty) Ltd;

10.1.4. service providers of the Noordetech International Holdings (Pty) Ltd; and

10.1.5. Customers of Noordetech International Holdings (Pty) Ltd.

11. The recipients or categories of recipients to whom the personal information may be supplied

11.1.Depending on the nature of the personal information, Noordetech International Holdings (Pty) Ltd may supply information or records to the following categories of recipients:

11.1.1. statutory oversight bodies, regulators or judicial commissions of enquiry making request for data;

11.1.2. any court, administrative or judicial forum, arbitration making a request for data or discovery in terms of the applicable rules (i.e. South African Revenue Services or another similar authority and anyone making a successful application for access in terms of PAIA; and

11.1.3. any person who conducts business with Noordetech International Holdings (Pty) Ltd, in the ordinary course of business.

12. Trans-border flow of personal information

12.1. Noordetech International Holdings (Pty) Ltd will only transfer personal information across South African borders if the relevant business transaction or situation requires trans-border processing, and do so only in accordance with South African legislative requirements; or if the data subject consents to transfer of their personal information to third parties in foreign countries.

12.2. We will take steps to ensure that operators are bound by laws, binding corporate rules or binding agreements that provide an adequate level of protection and uphold principles for reasonable and lawful processing of personal information, in terms of the POPI Act.

12.3. Noordetech International Holdings (Pty) Ltd will takes extensive information security measures to ensure the confidentiality, integrity and availability of personal information in our possession. Noordetech International Holdings (Pty) Ltd takes appropriate technical and organisational measures designed to ensure that personal data remains confidential and secure against unauthorised or unlawful processing and against accidental loss, destruction or damage.

13. Personal information received from third parties When we receive personal information from a third party on behalf of a data subject, we require confirmation that they have written consent from the data subject that they are aware of the contents of this PAIA manual and the Noordetech International Holdings (Pty) Ltd’s Privacy Policy, and do not have any objection to our processing their information in accordance with this policy.

14. Applicable Legislation

Basic Conditions of Employment Act 75 of 1997 Companies Act 71 of 2008

Compensation of Occupational Injuries and Diseases Act 130 of 1993

Cybercrimes Act 19 of 2020

Electronic Communications and Transaction Act 25 of 2002

Employment Equity Act55 of 1998

Income Tax Act 95 of 1967

Labour Relations Act 66 of 1995

Non-Profit Organisation Amendment Act 17 of 2000

Occupational Health and Safety Act 85 of 1993

Skills Development Levy Act 97 of 1998

Promotion of Access to Information Act 2 of 2000

Protection of Personal Information Act 4 of 2013

Unemployment Contributions Act 4 of 2002

Unemployment Insurance Act 63 of 2001

Value Added Tax Act 89 of 1991

15. Records available upon request

15.1. Noordetech International Holdings (Pty) Ltd maintains records on the categories and subject matters listed below. Take note that these are records which are maintained by Noordetech International Holdings (Pty) Ltd but does not imply that the requester request for access to this information will be accepted. All requests shall be assessed on a case by case basis in accordance with PAIA.

15.2. The records which are held are mainly of third parties, ie. Clients and employees and protections of these third party confidential information is taken very seriously.

15.3. Noordetech International Holdings (Pty) Ltd provides professional advice to clients and many records which are held are confidential and others are the property of the client and not of Noordetech International Holdings (Pty) Ltd.

16. Categories of Information

16.1.Noordetech International Holdings (Pty) Ltd’s documentation includes the following:  

Shareholders agreement, 

memorandum of incorporation,

financial records;

operational records; 

Intellectual property;

Marketing records;

Internal correspondence;

Service records;

Statutory records;

Internal policies and procedures; and

Minutes of meetings.

16.2. Employee/ staff records

For the purposes of this section, employee or staff” means any person who works for or provides services to or on behalf of Noordetech International Holdings (Pty) Ltd and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Noordetech International Holdings (Pty) Ltd.

This includes partners, directors, all permanent, temporary and part-time staff as well as consultants and contract workers.

Any personal records provided to us by our employee/staff;

Any records a third party has provided to us about any of their personnel;

Conditions of employment and other personnel-related contractual records;

Employment policies and procedures;

Internal evaluation and disciplinary records; and other internal records and correspondence.

16.3.Client-related records

Contracts with the client and between the client and other persons.

Other third party records

16.4.Records are kept in respect of other parties Including without limitation contractors and sub-contractors; personnel, client, or Noordetech International Holdings (Pty) Ltd records which are held by another party as opposed to being held by Noordetech International Holdings (Pty) Ltd; and records held by Noordetech International Holdings (Pty) Ltd pertaining to other parties, including financial records, correspondence, contractual records, records kept by contractors, suppliers, service providers. In addition, such other parties may possess records which can be said to belong to Noordetech International Holdings (Pty) Ltd.

16.5.Other records

Information relating to Noordetech International Holdings (Pty) Ltd; and research information belonging to Noordetech International Holdings (Pty) Ltd.

17. Procedure To Request

17.1. Completion of the prescribed form.

17.2. Any request for access to a record in terms of PAIA must substantially correspond with Form C of Appendix B to Government Notice No. R.187 dated 15 February 2002 and should be specific in terms of the record requested. Please refer to Appendix B.

17.3. A request for access to information which does not comply with the formalities as prescribed by PAIA will be returned to you.

17.4. POPIA provides that a data subject may, upon proof of identity, request the Noordetech International Holdings (Pty) Ltd to confirm, free of charge, all the information it holds about the data subject and may request access to such information, including information about the identity of third parties who have or have had access to such information.

17.5. POPIA also provides that where the data subject is required to pay a fee for services provided to him/her, Noordetech International Holdings (Pty) Ltd must provide the data subject with a written estimate of the payable amount before providing the service and may require that the data subject pays a deposit for all or part of the fee.

18. Grounds for refusal of the data subject’s request

18.1. POPIA provides that a data subject may object, at any time, to the processing of personal information by Noordetech International Holdings (Pty) Ltd, on reasonable grounds relating to his/her particular situation, unless legislation provides for such processing. The data subject must complete the prescribed form attached hereto as Appendix C and submit it to the Information Officer at the postal or physical address, facsimile number or electronic mail address set out above.

18.2. A data subject may also request Noordetech International Holdings (Pty) Ltd to correct or delete personal information about the data subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or destroy or delete a record of personal information about the data subject that Noordetech International Holdings (Pty) Ltd is no longer authorised to retain records in terms of POPIA's retention and restriction of records provisions.

18.3. A data subject that wishes to request a correction or deletion of personal information or the destruction or deletion of a record of personal information must submit a request to the Information Officer at the postal or physical address, facsimile number or electronic mail address set out above on the form attached hereto as Appendix D.

18.4. Proof of identity Proof of identity is required to authenticate your identity and the request. In addition to the prescribed form, you will be required to submit acceptable proof of identity such as a certified copy of your identity document or other legal forms of identity.

19. Prescribed fees

19.1. There are two categories of fees which are payable:

19.1.1. The request fee: R50

19.1.2. The access fee: This is calculated by taking into account reproduction costs, search and preparation costs, as well as postal costs. These fees are set out in Appendix B.

19.1.3. Section 54 of PAIA entitles Noordetech International Holdings (Pty) Ltd to levy a charge or to request a fee to enable it to recover the cost of processing a request and providing access to records. The fees that may be charged are set out in Regulation 9(2)(c) promulgated under PAIA.

19.1.4. Where a decision to grant a request has been taken, the record will not be disclosed until the necessary fees have been paid in full.

20. Timeframes for consideration of a request for access

20.1.Requests will be processed within 30 (thirty) days, unless the request contains considerations that are of such a nature that an extension of the time limit is needed.

20.2. Should an extension be required, you will be notified, together with reasons explaining why the extension is necessary.

21. Grounds for refusal of access and protection of information

21.1.There are various grounds upon which a request for access to a record may be refused. These grounds include:

21.1.1. the protection of personal information of a third person (who is a natural person) from unreasonable disclosure;

21.1.2. the protection of commercial information of a third party (for example: trade secrets; financial, commercial, scientific or technical information that may harm the commercial or financial interests of a third party);

21.1.3. if disclosure would result in the breach of a duty of confidence owed to a third party;

21.1.4. if disclosure would jeopardise the safety of an individual or prejudice or impair certain property rights of a third person;

21.1.5. if the record was produced during legal proceedings, unless that legal privilege has been waived;

21.1.6. if the record contains trade secrets, financial or sensitive information or any information that would put Noordetech International Holdings (Pty) Ltd (at a disadvantage in negotiations or prejudice it in commercial competition); and/or

21.1.7. if the record contains information about research being carried out or about to be carried out on behalf of a third party or by Noordetech International Holdings (Pty) Ltd.

21.2. Section 70 of PAIA contains an overriding provision. Disclosure of a record is compulsory if it would reveal (i) a substantial contravention of, or failure to comply with the law; or (ii) there is an imminent and serious public safety or environmental risk; and (iii) the public interest in the disclosure of the record in question clearly outweighs the harm contemplated by its disclosure. The request for access to information affects a third party, then such third party must first be informed within 21 (twenty one) days of receipt of the request. The third party would then have a further 21 (twenty one) days to make representations and/or submissions regarding the granting of access to the record.

22. Remedies available to a requester on refusal of access

22.1.If the Information Officer decides to grant you access to the particular record, such access must be granted within 30 (thirty) days of being informed of the decision.

22.2.Noordetech International Holdings (Pty) Ltd does not have internal appeal procedures regarding PAIA and POPI Act requests. As such, the decision made by the Information Officer, is final. If a request is denied, the requestor is entitled to apply to a court with appropriate jurisdiction, or the Information Regulator to take it further.

22.3.Where a third party is affected by the request for access and the Information Officer has decided to grant you access to the record, the third party has 30 (thirty) days in which to appeal the decision in a court of competent jurisdiction. If no appeal has been lodged by the third party within 30 (thirty) days, you must be granted access to the record.

23. Availability of this manual

Copies of this Manual are available for inspection, free of charge, at the offices Noordetech International Holdings (Pty) Ltd.

Click the link below to open Paia Forms:

PAIA FORMS