MANUAL FOR ACCESS TO INFORMATION

(Prepared in accordance with section 51 of the Promotion of Access to Information Act, No: 2 of 2000 and The Protection of Personal Information Act, No: 4 of 2013) 

TABLE OF CONTENTS

  1. Introduction 3
  1. Purpose of THIS Manual 3
  1. Availability of THIS Manual 3
  1. request for access to information 3
  1. Guide in terms of section 10 of PAIA 4
  1. Records available in terms of any OTHER legislation 4
  1. Records held by emira 5
  1. Availability of Records without Request 6
  1. Request Procedures 7
  1. Fees 7
  1. Information or Records not found 8
  1. PERSONAL INFORMATION 8
  1. Objection to the Processing of Personal Information 9
  1. Request for correction or deletion of Personal Information 9
  1. Updating of AND AMENDMENTS TO this Manual 9
  1. Amendments 10

1. Introduction 

  1. Emira Property Fund Limited (“Emira”) is a diversified real estate investment trust company. The Company is listed on the Johannesburg Stock Exchange, in the real estate investment trusts sector.
  2. The Promotion of Access to Information Act, No: 2 of 2000 (“PAIA”) gives effect to the constitutional right of natural and juristic persons (“Persons”) to access to information held by public or private bodies that is required for the exercise or protection of any of their rights, and to enforce a culture of transparency and accountability. 
  3. The Protection of Personal Information Act, No: 4 of 2013 (“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. POPIA amends certain provisions of PAIA, balancing the need for access to information against the need to ensure the protection of personal information. 
  4. Section 51 of PAIA obliges private bodies (including Emira) to compile a manual to enable a Person to obtain access to information held by such private body and stipulates the minimum requirements that this Manual has to comply with.
  5. This manual constitutes Emira’s PAIA manual (this “Manual”). This Manual is compiled in accordance with section 51 of PAIA, as amended by POPIA. This Manual also includes information on the submission of objections to the processing of Persons’ personal information and requests to delete or destroy personal information or records thereof in terms of POPIA.

 

  • Purpose of THIS Manual

 

The purpose of this Manual is to inform and assist Persons requesting access to information or records held by Emira with regards to the procedure to be followed and the criteria to be applied when such a request is made, as well as to advise them on how Emira processes personal information.

  1. Availability of THIS Manual 

This Manual will be updated as required or when the relevant legislation is amended. The most recent version of this Manual is available on Emira’s website, which can be accessed at www.emira.co.za. Alternatively, a copy of this Manual can be requested from Emira’s Information Officer.

  1. request for access to information

All requests for access to information or records in terms of PAIA and this Manual must be in writing and must be addressed to Emira’s Information Officer as follows:

Postal address: Physical address:  

PO Box 69104 First Floor, Block A, Knightsbridge

Bryanston, 2021 33 Sloane Street

Bryanston, 2191

Telephone: +27 11 028 3100

Fax: +27 11 484-0582

Website: www.emira.co.za

E-mail: omadikela@emira.co.za

  1. Guide in terms of section 10 of PAIA 
    1. In terms of section 10 of PAIA, the South African Human Rights Commission (“SAHRC”) published a guide to assist persons wishing to exercise their rights in terms of PAIA.
    2. The aforementioned guide can be accessed through the SAHRC’s website on www.sahrc.org.za or queries can be directed to: 

The South African Human Rights Commission: PAIA Unit

The Research and Documentation Department

Postal address: Physical address:  

Private Bag 2700 29 Princess of Wales Terrace

Telephone: +27 11 484-8300 cnr York and St Andrews Streets

Fax: +27 11 484-0582Houghton, 2041

Website: www.sahrc.org.za Parktown

E-mail: PAIA@sahrc.org.za JOHANNESBURG

  1. Records available in terms of any OTHER legislation
    1. Emira keeps records in accordance with the following legislation:  
      1. Basic Conditions of Employment Act, No. 75 of 1997; 
      2. Broad-Based Economic Empowerment Act No. 53 of 2003; 
      3. Companies Act, No. 71 of 2008; 
      4. Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993; 
      5. Competition Act, No. 89 of 1998; 
      6. Constitution of the Republic of South Africa Act, No. 108 of 1996; 
      7. Consumer Protection Act, No. 68 of 2008; 
      8. Deeds Registries Act, No. 47 of 1937; 
      9. Electronic Communications and Transactions Act, No. 25 of 2002; 
      10. Employment Equity Act, No. 55 of 1998; 
      11. Financial Intelligence Centre Act, No. 38 of 2001; 
      12. Financial Markets Act, No. 19 of 2012;
      13. Income Tax Act, No. 58 of 1962; 
      14. Insider Trading Act, No. 135 of 1998; 
      15. Labour Relations Act, No. 66 of 1995; 
      16. National Buildings Regulations and Standards Act, No. 103 of 1977; 
      17. National Environment Management Act, No. 107 of 1998; 
      18. Occupational Health and Safety Act, No. 85 of 1993; 
      19. Prevention of Combating of Corrupt Activities Act, No. 12 of 2004; 
      20. Prevention of Organised Crime Act, No. 121 of 1998; 
      21. Promotion of Equality and Prevention of Unfair Discrimination Act, No. 4 of 2000; 
      22. Property Practitioners Act, No. 22 of 2019;
      23. Rental Housing Act, No. 50 of 1999;
      24. Skills Development Act, No. 97 of 1998; 
      25. Skills Development Levies Act, No. 9 of 1999; 
      26. South African Revenue Services Act, 34 of 1997; 
      27. Tobacco Products Control Act, No. 83 of 1993; 
      28. Trademarks Act, No. 194 of 1993; 
      29. Unemployment Insurance Contributions Act, No. 4 of 2002; 
      30. Unemployment Insurance Fund Act, No. 63 of 2001; 
      31. Value-Added Tax Act, No. 89 of 1991.
  2. Records held by emira

Emira keeps records with information falling in the following categories: 

    1. Administration and Management
      1. Statutory records
      2. Policies and procedures
      3. Minutes of meetings
      4. Risk insurance and insurance records
      5. Commercial contracts
    2. Financial Records
      1. Annual Financial Statements
      2. Auditor’s reports
      3. Banking records
      4. Creditors and debtors records
      5. Invoices and Statements
      6. Asset Register
    3. Operational Records
      1. PAYE Records
      2. Documents issued to employees for income tax purposes
      3. Records of payment made to SARS on behalf of employees.
      4. VAT records
      5. Skills development levies
      6. Records of Unemployment Insurance Fund contributions
      7. Workmen’s compensation records
    4. Employee Records
      1. List of Employees
      2. Appointment records and employment contracts
      3. Payroll records
      4. Health and Safety records
      5. Internal policies and administrative forms
      6. Training schedules
      7. Employee medical aid contribution records
      8. Employee pension fund contribution records
      9. Personnel records including personal details, disciplinary records, performance and assessment records.
    5. Information Technology 
      1. Computer software
      2. User statistics
      3. Software licenses.
  1. Availability of Records without Request
    1. Any records that are required to be made available in terms of the provisions of the Companies Act, No. 71 of 2008 and the listing requirements laid down by the JSE, as amended from time to time, shall be made available for inspection by interested Persons. 
    2. However, certain records are available on the Emira website at www.emira.com.  The records include: 
      1. Marketing Brochures 
      2. Publications
      3. Press releases
      4. Integrated Annual Report 
      5. Investor Reports
  2. Request Procedures
    1. A request for access to records held by Emira in terms of section 50 of PAIA must be made on the form contained in the Regulations regarding the Promotion of Access to Information, 2002 (Form C).  A copy of the form is attached as Appendix 1 to this Manual. The request must be made to the Information Officer at the address, fax number or email address, specified above.
    2. The requester must provide sufficient detail on the prescribed form to allow Emira to identify the record or records which have been requested and to identify the requester. If a request is made on behalf of another person or entity, the requester must submit details and proof of the capacity in which the requester is making the request, which must be reasonably satisfactory to Emira. The requester is also required to indicate the form of access to the relevant record that is required, and to provide his, her or its contact details in the Republic of South Africa.
    3. The requester is required to identify the right he, she or it is seeking to exercise or protect by accessing records held by Emira and to explain why the particular record or records requested is or are required for the exercise or protection of that right. 
    4. Emira may, and must in certain instances, refuse access to records on any of the grounds set out in Chapter 4 of Part 3 of PAIA which includes that access would result in the unreasonable disclosure of personal information about a third party.
    5. Emira is required to inform a requester in writing of its decision in relation to a request. If the requester wishes to be informed of Emira’s decision in another reasonable manner as well, this manner must be set out in the request and the relevant details must be included to allow Emira to inform the requester in the preferred manner.
    6. Emira will make a decision in relation to a request for access to records within 30 (thirty) days of receipt of the request, unless third parties are required to be notified of the request or the thirty day period is extended as provided for in PAIA and will notify the requester accordingly.
    7. A requester aggrieved by the Information Officer’s decision either to refuse a request for access, a decision regarding the payment of an access fee, or a decision regarding the form of access to be granted, may apply to court within 180 (one hundred and eighty) days of being informed of the decision in question for an appropriate order. The Court may confirm, amend or set aside the decision complained of and make certain ancillary orders.
    8. A requester must pay the prescribed fee before processing of the request will take place.
  3. Fees
    1. 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.
    2. The request fee payable by a requester, other than a personal requester, is R50.00.
    3. The Information Officer will notify the requester (other than a personal requester) by notice, to pay the prescribed fee (if any) before further processing the request.
    4. The fees for the reproduction of a record as prescribed by the Minister of Justice are set out in Appendix 2 to this Manual.
    5. The access fee payable for searching for the record for disclosure is R30.00 for each hour or part of an hour reasonably required for such search.
    6. If the Information Officer is of the opinion that six hours will be exceeded to search, reproduce and or prepare the information requested, a deposit is payable equal to one third of the access fee referred to in paragraph 9.5 above.
    7. Single persons whose annual income after permissible deductions does not exceed R14 712.00, as well as married persons or persons in a life partnership whose joint annual income after permissible deductions does not exceed R27 902.00, are exempted from paying access fees.
  4. Information or Records not found
    1. If all reasonable steps have been taken to find a record and such a record cannot be found or if the records sought do not exist, then the Information Officer shall inform the requester, by way of an affidavit or affirmation, that it is not possible to give access to the record requested.
    2. The affidavit or affirmation shall provide a full account of all steps taken to find the record or to determine the existence thereof, including the details of all communications by the Information Officer with the persons who conducted the search.
    3. If the record in question is be found at a later stage, the requester shall be given access to the record in the manner stipulated by the requester in the prescribed form unless access is refused by the Information Officer.
  5. PERSONAL INFORMATION 
    1. Emira may collect information relating to an identifiable, living, natural person or an identifiable existing juristic person, including, but not limited to: 
      1. 12.1.1.information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; 
      2. 12.1.2.information relating to the education or the medical, financial, criminal or employment history of the person; 
      3. 12.1.3.any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person; 
      4. 12.1.4.the biometric information of the person; 
      5. 12.1.5.the personal opinions, views or preferences of the person; 
      6. 12.1.6.correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; 
      7. 12.1.7.the views or opinions of another individual about the person; and 
      8. 12.1.8.the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person. 
    2. In terms of POPIA, personal information must be processed for a specified purpose. The purpose for which personal information is processed by Emira will depend on the nature of the information. This purpose is ordinarily disclosed, explicitly or implicitly, at the time the information is collected. Emira however generally process personal information on-boarding tenants and suppliers or service providers, records management, security, employment and related matters. Please also refer to Emira’s Privacy Policy at www.emira.co.za for further information.
    3. Emira holds information and records on the following categories of persons (data subjects): 
      1. 12.3.1.tenants of Emira; 
      2. 12.3.2.employees of Emira; 
      3. 12.3.3.independent contractors of Emira;  
      4. 12.3.4.suppliers/service providers of Emira; and 
      5. 12.3.5.any third party with whom Emira conducts business. 
    4. Depending on the nature of the personal information, Emira may supply information or records to the following categories of recipients: 
      1. 12.4.1.statutory oversight bodies, regulators or judicial commissions of enquiry making a request therefor; 
      2. 12.4.2.any court, administrative or judicial forum, arbitration, statutory commission, or ombudsman making a request for data or discovery in terms of its applicable rules; 
      3. 12.4.3.the South African Revenue Services, or another similar authority; 
      4. 12.4.4.anyone making a successful application for access in terms of PAIA or POPIA; and 
      5. 12.4.5.subject to the provisions of POPIA and other relevant legislation, Emira may share information about a tenant’s creditworthiness with any credit bureau or credit providers industry association. 
    5. Where Emira may need to transfer any personal information to service providers in countries outside South Africa, it shall ensure that such countries can offer such information an “adequate level” of protection.
  6. Objection to the Processing of Personal Information 

Section 11 (3) of POPIA and regulation 2 of POPIA Regulations provides that a person may, at any time object to the processing of his/her/its personal information in the prescribed form attached to this manual as Appendix 3, subject to exceptions contained in POPIA. 

  1. Request for correction or deletion of Personal Information 

Section 24 of POPIA and regulation 3 of POPIA Regulations provides that a person may request for their personal information to be corrected/deleted in the prescribed form attached as Appendix 4 to this Manual.

  1. Updating of AND AMENDMENTS TO this Manual
    1. Emira may update this Manual every 12 months or at such intervals as may be deemed necessary.
    2. As and when any updates or amendments are effected, the latest version of this Manual will be made public as is stated in clause 20 below.
  2. Amendments 

This Manual may be amended from time to time. 

APPENDIX 1

ACCESS REQUEST FORM RECORD OF PRIVATE BODY

(Section 53(1) of the Promotion of Access to Information Act, 2000)

 [Regulation 10]

COMPLETION OF ACCESS REQUEST FORM

1 The Access Request Form must be completed.

2 Proof of identity is required to authenticate the identity of the requester. Attach a copy of the requesters

identification document.

3 Type or print in BLOCK LETTERS an answer to every question.

4 If a question does not apply, state N/A.

5 If there is nothing to disclose in reply to a question, state nil.

6 When there is insufficient space on a printed form, additional information may be provided on an attached folio, and each answer on such folio must reflect the applicable title.

 1 Particulars of Private body

The Information Officer:

Emira Property Fund Limited

First Floor, Building A, Knightsbridge

33 Sloane Street

Bryanston

Email: omadikela@emira.co.za

2 Particulars of Requester (if natural person)

 

a) The particulars of the person who requests access to the record must be given below.

b) The address and/or fax number in the Republic to which the information is to be sent must be given.

c) Proof of the capacity in which the request is made, if applicable, must be attached.

Full names and surname: ………..…….…...…….…...……...……...…….…...…….…...……...……...….. Identity number: ……...……..……...…….…...…….…...……...……...……...................... Postal adress:.............................................................….. Fax number: ………...…...…..……...…….…...…….…...….................................. Telephone number:......................................................... Email address:.............................................................. Capacity in which request is made, when made on behalf of another person:

……...…….…...…….…...……...…….…….…...…….…...……...……...…….…...…….…...……...……...…….

3           Particulars of Requester (if a legal entity)

a) The particulars of the entity that requests access to the record must be given below.

b) The address and/or fax number in the Republic to which the information is to be sent.

c) Proof of the capacity in which the request is made, if applicable, must be attached.

Name: …................................................................. Registration number: .......................................................... Postal adress:.............................................................….. Fax number: ………...…...…..……...…….…...…….…...……...……...…….…...…….…...……...……...….. Telephone number:.......................................................... Email address:..........................................................…....

4 Particulars of person on whose behalf request is made

This section must be completed ONLY if a request for information is made on behalf of another

person.

Full names and surname: ........................................................ Identity number: ………..…...……...…….…...…….…...……...……...…….…...……..............

 5 Particulars of record

a) 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.

b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.

 1. Description of record or relevant part of the record:

 2. Reference number, if available:

  3. Any further particulars of record

  6 Fees

a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a nonrefundable request fee of R57,00 has been paid.

b) 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.

c) You will be notified of the amount required to be paid as the access fee.

d) If you qualify for exemption of the payment of any fee, please state the reason for exemption.

 Reason for exemption from payment of fees:

  7 Form of access to record

Mark the appropriate box with an X. NOTES:

(a)   Compliance with your request in the specified form may depend on the form in which the record is available.

(b) Access in the form requested may be refused under certain circumstances. In such a case you will be informed whether access will be granted in another form.

(c) The fee payable for access to the record, if any, will be determined partly by the

    form in which access is requested.

1. If the record is in written or printed form:

copy of record* inspection of a record

2. If record consists of visual images

(photographs, slides, video recordings, computer-generated images, sketches, etc):

view the images copy of

the images

the images*

transcription of

3. If record consists of recorded information that can be reproduced in sound:

listen to the soundtrack

(audio cassette)

transcription of soundtrack*

(written or printed document)

4. If record is held on computer or in an electronic or machine-readable form:

printed copy of record*

printed copy of copy

information derived from record* or

in computer

readable form* (stiffy compact disc)

*If you are requesting a copy or transcription of a record (above), do

you wish the copy or transcription to be posted to you? Postage is payable

YES

NO

 8 In the event of disability

If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.

Disability: Form in which record is required:

9 Particulars of right to be exercised or protected

If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.

  1.   Indicate which right is to be exercised or protected:

  2.   Explain why the record requested is required for the exercise or protection of the aforementioned right:

  10 Notice of decision regarding request for access

You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

 How would you prefer to be informed of the decision regarding your request for access to the record?

 Signed at on this day of 20 

 SIGNATURE OF REQUESTER/ PERSON ON WHOSE BEHALF THE REQUEST IS MADE

APPENDIX 2

FEES

1 The fee for a copy of this Manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof.

2 The fees for reproduction referred to in regulation 11(1) are as follows:

R

(a)

For every photocopy of an A4-size page or part thereof

1,10

(b)

For every printed copy of an A4-size page or part thereof held on a computer or in

electronic or machine readable form

0,75

(c)

For a copy in a computer-readable form on –

(d)

(i)

For a transcription of visual images, for an A4-size page or part thereof

40,00

(ii)

For a copy of visual images

60,00

(e)

(i)

For a transcription of an audio record, for an A4-size page or part

thereof

20,00

(ii)

For a copy of an audio record

30,00

3 The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2)

is R50,00.

4 The access fees payable by a requester referred to in regulation 11(3) are as follows:

R

(1) (a)

For every photocopy of an A4-size page or part thereof

1,10

(b)

For every printed copy of an A4-size page or part thereof held on a computer

or in electronic or machine readable form

0,75

(c)

For a copy in a computer-readable form on –

(d)

(i)

For a transcription of visual images, for an A4-size page or part

thereof

40,00

(ii)

For a copy of visual images

60,00

(e)

(i)

For a transcription of an audio record, for an A4-size page or part thereof

20,00

(ii)

For a copy of an audio record

30,00

(f)

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.

5 For purposes of section 54(2) of PAIA, the following applies:

5.1 Six hours as the hours to be exceeded before a deposit is payable; and

5.2 one third of the access fee is payable as a deposit by the requester.

6 The actual postage is payable when a copy of a record must be posted to a requester.

APPENDIX 3

OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION IN TERMS OF SECTION 11(3) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013

REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018

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 DATA SUBJECT

Name(s) and surname/ registered name of data subject:

Unique Identifier/ Identity Number

Residential, postal or business address:

Contact number(s):

Fax number / Email address:

B

DETAILS OF RESPONSIBLE PARTY

Name(s) and surname/ registered name of data subject:

Residential, postal or business address:

Contact number(s):

Fax number / Email address:

C

REASONS FOR OBJECTION IN TERMS OF SECTION 11(1)(d) to (f) (Please provide detailed reasons for the objection)

Signed at ..................... this ................ day of ...............20……

……...…….…...…….…...……...……...……. Signature of data subject/designated person

APPENDIX 4

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

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 anx.

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 DATA SUBJECT

Name(s) and surname/ registered name of data subject:

Unique Identifier/ Identity Number

Residential, postal or business address:

Contact number(s):

Fax number / Email address:

B

DETAILS OF RESPONSIBLE PARTY

Name(s) and surname/ registered name of data subject:

Residential, postal or business address:

Contact number(s):

Fax number / Email address:

C

REASONS FOR OBJECTION IN TERMS OF SECTION 11(1)(d) to (f) (Please provide detailed reasons for the objection)

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 FOR *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)