1. PURPOSE
Section 51 of the Promotion of Access to Information Act No.2 of 2000, (“the Act”), as amended by the Protection of Personal Information Act no. 4 of 2013 (“POPIA”) requires that Warshay Investments (Pty) Ltd t/a KWV and its subsidiaries, hereafter referred to “KWV”, as a private body must compile a manual giving information to the public regarding the procedure to be followed in requesting information from KWV for the purpose of exercising or protecting rights in accordance with data protection constraints.

2. SCOPE

2.1 KWV specialises in the manufacturing and trading of alcohol products.
2.2 This manual documents the categories of information held by KWV and aims to assist potential requestors in requesting access to information from KWV as contemplated under the Act.
2.3 The following words or expressions bear the following meanings in this manual:
2.3.1 “the Act” means the Promotion of Access to Information Act No.2 of 2000, together with the regulations and rules published in terms of this Act;
2.3.2 “Manual” means this manual together with its annexures, as amended from time to time, made available at the offices of KWV;
2.3.3 “SAHRC” means the South African Human Rights Commission.

2.4 Company Details

Warshay Investments (Pty) Ltd t/a KWV and its subsidiaries
Registration Number: 2021/018 792/07
Registered Address: 57 Main Road, Southern Paarl, Paarl, 7646
Street Address: 57 Main Road, Southern Paarl, Paarl, 7646
Postal Address: 57 Main Road, Southern Paarl, Paarl, 7646
Tel: 021 807 3911
Information Officer: Daniël Smit
Email: popiainfo@kwv.co.za
Website: https://www.kwv.co.za

3. REFERENCES
None

4. ABBREVIATIONS AND DEFINITIONS
None

5. RESPONSIBILITY

Roles and responsibilities

All personal Information must have an owner including what information should be collected, and how it should be used, managed and secured.
The information owner must ensure that the information is secured according to its sensitivity and that access rights and provisions are in place for the information

6. STEPS

6.1 A guide on how to use the Act has been compiled by the SAHRC in terms of section 10 of the Act and can be viewed on the SAHRC website and the website of the Information Regulator. (The transfer of functions of the Act from the South African Human Rights Commission to the Information Regulator effective from 30 June 2021.)
6.2 Any queries should be directed to:
6.2.1 The South African Human Rights Commission:
6.2.2 PAIA Unit
6.2.3 The Research and Documentation Department
6.2.4 Physical address: Braampark Forum 3, 33 Hoofd Street, Braamfontein, South Africa
6.2.5 Postal Address: Private Bag X2700, Houghton, 2041, Johannesburg, South Africa Telephone: +27 (0)11 877 3600
6.2.6 Fax: +27 (0)11 403 0668
6.2.7 Website: https://www.sahrc.org.za/index.php/understanding-paia
6.2.8 Email: info@sahrc.org.za

6.3 The Information Regulator (South Africa)

JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
P.O Box 31533, Braamfontein, Johannesburg, 2017
Website: https://www.justice.gov.za/inforeg/index.html
Email: inforeg@justic.gov.za

6.4 Availability of Manuals

6.4.1 This manual is available for inspection by the general public upon request, during office hours and free of charge, at the offices of KWV.
6.4.2 Copies of the manual may be made, subject to the prescribed fees, and
6.4.2.1 May be requested from the South African Human Rights Commission (“SAHRC”);
6.4.2.2 May be made available to the Information Regulator upon request.
6.4.3 The manual is also posted on KWV’s website at https://www.kwv.co.za/

6.5 The Processing of Personal Information

6.5.1 KWV collects information from our business or our website which information may be personal information and which information is protected under the Protection of Personal Information Act (POPIA).
6.5.2 KWV collects personal information where it has obtained the consent of the person to whom the information belongs and where:
6.5.2.1 Processing complies with an obligation imposed by law on KWV;
6.5.2.2 KWV has a legitimate requirement to use or process such information; or
6.5.2.3 KWV meets its responsibilities to customers, employees and other natural or juristic persons.

6.6 KWV may disclose personal information lawfully to:
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6.6.1 Any regulatory authority and the regulators they appoint;
6.6.2 Comply with any regulation passed under the relevant legislation, or any legal process;
6.6.3 Protect and defend KWV’s rights and property (including its intellectual property);
6.6.4 Protect public interest;
6.6.5 Legal advisors or similar service providers with the appropriate undertakings to protect the information; or
6.6.6 Group companies and subsidiaries.

6.7 KWV may supply employee personal information to:

6.7.1 Pension/provident fund and/or their trustees;
6.7.2 Medical Aid funds/medical Insurances;
6.7.3 Recruitment companies; or
6.7.4 Credit Bureaus.
6.7.5 Government institutions
6.7.6 Training Institutions
6.7.7 Relevant third parties

6.8 Where KWV uses the services of third parties to process personal information, KWV will ensure that the necessary contractual measures are in place to protect against loss or disclosure of such personal information.

6.9 Categories of Data Subjects and Personal Information Processed by the Company.

Categories of data subjects and personal information processed by the Company include the following:

6.10 Categories of Information Insofar as the Act is concerned

The list of subjects and categories of information held by the Company includes the following:
6.10.1 Statutory Company Information

6.10.1.1 Memorandum and Articles of Association/Memorandum of Incorporation
6.10.1.2 Certificates issued by the Registrar of Companies
6.10.1.3 Company resolutions
6.10.1.4 Proxy forms
6.10.1.5 Company forms lodged with the Registrar in terms of the Companies Act, Minute books
6.10.1.6 Share registers
6.10.1.7 Director’s attendance registers
6.10.1.8 Shareholder agreements

6.10.2 Accounting Records

6.10.2.1 Annual financial statements
6.10.2.2 Books of account
6.10.2.3 Fixed Asset Registers
6.10.2.4 Client Invoices
6.10.2.5 Supplier Invoices and Auditor’s reports
6.10.2.6 Income Tax returns
6.10.2.7 Value Added Tax returns

6.10.3 Banking Details

6.10.3.1 Bank facilities and account details
6.10.3.2 Overdraft facilities
6.10.3.3 Bank statements
6.10.3.4 Bank signatory forms
6.10.3.5 Other banking records and agreements

6.10.4 Human Resources / Employment Records

6.10.4.1 Pay as You Earn (PAYE) records
6.10.4.2 Contracts of employment
6.10.4.3 Personnel files
6.10.4.4 Disciplinary records
6.10.4.5 Schedule of shares
6.10.4.6 Employee benefit records
6.10.4.7 Salary and wage register
6.10.4.8 Provident fund agreement, rules and actuarial valuation reports
6.10.4.9 Minutes of meetings of trustees and members of provident fund
6.10.4.10 Provident fund contribution reports
6.10.4.11 Attendance and leave registers
6.10.4.12 Expense accounts
6.10.4.13 Group life
6.10.4.14 Human resource policies and codes of conduct
6.10.4.15 Training manual
6.10.4.16 Medical Aid Administration

6.10.5 Client Information

6.10.5.1 Documentation and other information received from clients.
6.10.5.2 Documentation and other information received from third parties.
6.10.5.3 Correspondence with clients.
6.10.5.4 Correspondence with third parties.
6.10.5.5 Information prepared by employees for clients, including opinions, memoranda and reports.
6.10.5.6 Other information relating to, or held on behalf of, clients

6.10.6 Insurance Records

6.10.6.1 Insurance policies taken out for the benefit of KWV and its employees.

6.10.7 Immovable And Movable Property

6.10.7.1 Agreements of lease of immovable property occupied by KWV.
6.10.7.2 Credit sale agreements and/or hire purchase agreements.
6.10.7.3 Other agreements for the purchase, ordinary sale, conditional sale or hire of assets.

6.10.8 Information Technology

6.10.8.1 Computer software, support and maintenance agreements.
6.10.8.2 Other documentation pertaining to computer systems and computer programmes held by KWV.

6.10.9 Sales And Marketing

6.10.9.1 Brochures, Newsletters and Advertising Materials.
6.10.9.2 Marketing agreements.

6.10.10 Miscellaneous Agreements

6.10.10.1 Loans from third parties (including banks).
6.10.10.2 Loans to third parties.
6.10.10.3 Suretyship agreements.
6.10.10.4 Security agreements, guarantees and indemnities.
6.10.10.5 Agency, management and distribution agreements.
6.10.10.6 Agreements with suppliers.
6.10.10.7 Confidentiality and/or non-disclosure agreements.
6.10.10.8 Any other relevant agreements.

6.11 Records Available in terms of Other Legislation
Records are kept in accordance with such other legislation as is applicable to KWV which includes, but is not limited to, the following:

6.11.1 Income Tax Act 58 of 1962
6.11.2 Financial Advisory and Intermediary Services Act 37 of 2002
6.11.3 Financial Intelligence Centre Act, 38 of 2001
6.11.4 Value Added Tax Act 89 of 1991
6.11.5 Occupational Health and Safety Act 85 of 1993
6.11.6 Labour Relations Act 66 of 1995
6.11.7 Basic Conditions of Employment Act 75 of 1997
6.11.8 Employment Equity Act 55 of 1998
6.11.9 Prevention of Organised Crime Act 121 of 1998
6.11.10 Protection of Constitutional Democracy against Terrorism and Related Activities Act No. 33 of 2004
6.11.11 Protection of Personal Information Act no. 4 of 2013
6.11.12 Medical Schemes Act 131 of 1998
6.11.13 Skills Development Levies Act 9 of 1999
6.11.14 Unemployment Insurance Act 63 of 2001
6.11.15 Unemployment Insurance Contributions Act 4 of 2002
6.11.16 Companies Act 71 of 2008

6.12 Information Automatically Available

6.12.1 The following categories of records are automatically available for inspection, or photocopying without having to be requested in terms of the Act:
6.12.1.1 Newsletters
6.12.1.2 Booklets
6.12.1.3 Pamphlets / Brochures
6.12.1.4 Reports of a public nature
6.12.1.5 Other information intended for public viewing.
6.12.2 The only fee payable for access to the records listed in this clause 6.12 is a prescribed fee for reproduction.
6.13 Information Security Measures to Protect Personal Information
6.13.1 KWV is committed to developing appropriate safeguards to make sure that personal data is kept secure and confidential, and is protected against reasonably anticipated threats to its security or integrity, and against unauthorised access or use that might result in substantial harm or inconvenience to data subjects.
6.13.2 Reasonable technical and organisational measures are implemented for the protection of personal information processed by the Company.
6.13.3 The Company continuously implements and monitors technical and organisational security measures to protect personal information against unauthorised access as well as accident or wilful manipulation, loss or destruction.

6.14 Request Procedures

Any and all records shall only be made available subject to the provisions of the Act.
6.14.1 Form Of Request
6.14.1.1 When making a request to access a record, the requester must use the prescribed form (refer to Annexure B), addressed to the head of the body.
6.14.1.2 The requester must provide sufficient detail on the request form to allow for the identification of the record and the requester. The requester should also indicate which form of access is required and specify a postal address or fax number in the Republic.
6.14.1.3 The requester must identify the right that is sought to be exercised or protected and provide an explanation of why the requested record is required for the exercise or protection of that right.
6.14.1.4 If a request is being made on behalf of another person, the requester must submit proof of the capacity in which the requester is making the request.

6.15 Fees

6.15.1 A requester who seeks access to a record containing personal information about the requester is not required to pay the request fee.
6.15.2 Where fees are payable these are detailed in the request form.
6.15.3 If the request is granted, a further fee will be payable for the search, preparation and reproduction of the record.
6.15.4 The requester may lodge an application to the court against the tender or payment of the request fee or may lodge a complaint with the Information Regulator.

6.15 Decision

6.16.1 The Company will, within 30 days of receipt of a request, decide whether to grant or decline a request, providing reasons to that effect.
6.16.2 The 30-day period within which the Company has to decide whether to grant or refuse a request may be extended for a further period of not more than 30 days if reasonably required under the circumstances.
6.16.3 If the request for access is refused, the requester may lodge an application to court or alternatively, lodge a complaint with the Information Regulator.

6.17 Grounds for Refusal

6.17.1.1 KWV has the right to refuse a request for information based on any of the following grounds:
6.17.1.2 Mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person;
6.17.1.3 Mandatory protection of the commercial information of a third party, if the record contains:
6.17.1.3.1 Trade secrets of that third party;
6.17.1.3.2 Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party; and
6.17.1.3.3 Information disclosed in confidence by a third party, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition.
6.17.1.4 Mandatory protection of confidential information of third parties if it is protected in terms of any agreement or legislation;
6.17.1.5 Mandatory protection of the safety of individuals and the protection of property;
6.17.1.6 Mandatory protection of records which would be regarded as privileged in legal proceedings;
6.17.1.7 The information relates to the commercial activities of KWV, which may include:
6.17.1.7.1 Trade secrets of KWV;
6.17.1.7.2 Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of KWV;
6.17.1.7.3 Information which, if disclosed, could put KWV at a disadvantage in negotiations or commercial competition;
6.17.1.7.4 A computer program which is owned by KWV and which is protected by copyright.
6.17.1.8 The research information of KWV or a third party, if its disclosure would disclose the identity of the institution, the researcher or the subject matter of the research and would place the research at a serious disadvantage;
6.17.2 A request for information that is clearly frivolous or vexatious, or which would involve an unreasonable diversion of resources will be refused.

6.18 Prescribed Fees and Forms in respect of Private Bodies

The prescribed fees and form for requests to private bodies are attached to this manual, marked “Annexure A” and “Annexure B” respectively and are available on the websites of the Information Regulator, https://www.justice.gov.za/inforeg/docs.htmland the SAHRC, www.sahrc.org.za.

7. RECORDS
None

8. ATTACHMENTS
8.1 Annexure A
8.2 Annexure B