PAIA & POPIA Manual

1. Introduction and Purpose

Oevicon (Pty) Ltd is also known as “Illimis wines”. Illimis is the Latin word for clarity, which signifies our crystal clear winemaking philosophy. Wine should be a window to where its vineyard is rooted. Illimis intends to honestly harness what nature offers, and follows a minimal intervention principle as far as possible, allowing the wine to express its origin with clarity, finesse and complexity.

We believe that everything starts with the vines. Every vintage is unique, and our hope is that every wine is a tribute to the endless pursuit of refining the potential of each site the Illimis wines are made from.

The manual has been prepared, as required by section 51 of the Promotion of Access to Information Act, No. 2 of 2000 (“PAIA”) as well as in accordance with the Protection of Personal Information Act No. 4 of 2013 (“POPIA”). PAIA gives effect to the constitutional rights of access to any information held by a public or private body that is required for the exercise of protection of any rights. POPIA on the other hand promotes the protection of Personal Information processed by public and private bodies and introduces certain conditions so as to establish minimum requirements for the Processing of Personal Information.

Illimis wines is committed to ensuring that all business is conducted in accordance with good business practice and relevant legislation. In order to promote effective governance, it is necessary to ensure that all affected parties are educated and empowered to understand and access their rights in terms of PAIA, where applicable.

Where a request is made in terms of PAIA, Illimis wines is obliged to release the information, except where PAIA expressly provides that the information may or must not be released.

The objective of this PAIA Manual is to outline a suitable approach and response to requests to access information and the essential procedural requirements attached to such requests. This PAIA Manual should be read in conjunction with (“POPIA”) and the Companies’ policies in respect of POPIA, where applicable.

This PAIA Manual informs requesters of procedural and other requirements, as prescribed by PAIA. It is important to note that Section 9 of PAIA recognises certain limitations to the right of access to information, including, but not limited to:

• Limitations aimed at the reasonable protection of privacy;
• Commercial confidentiality; and
• Effective, efficient and good governance.

Further to this, PAIA recognises the act of balancing a right to request information with any other rights, including such rights as contained in the Bill of Rights.

2. Company contact details (Section 51(1)(a) of PAIA)

All requests for information in terms of the Companies PAIA Manual must be directed to:

Company details:
Illimis Wines
Registration number: 2015/348667/07
Address: Suite 222, Private Bag X3, Somerset West, Western Cape, South Africa, 7129

Managing Director and Information Officer:
Lucinda Heyns
Address: Suite 222, Private Bag X3, Somerset West, Western Cape, South Africa, 7129
Tel: 084 370 4282
E-mail: lucinda@illimiswines.com

3. Access to records (Section 51(1)(b) of PAIA)

PAIA grants a requester access to certain records of a private body if the said records    are required to exercise or protect any rights of the requester. Should a public body lodge such a request; it must be acting in the interest of the public.

Any request for information in terms of PAIA, must be made in accordance with the prescribed form and manner, at the rates provided. The prescribed form, manner and the tariff are dealt with in sections 6 and 7 respectively.

The Information Regulator has the power to perform regulatory mandate functions relating to PAIA.

Contact details of the Information Regulator

Postal Address:
Information Regulator of South Africa
P.O Box 31533,
Braamfontein,
Johannesburg, 2017

Physical Address
JD House,
27 Stiemens Street,
Braamfontein,
Johannesburg,
2001

Complaints can be directed to the Information Regulator of South Africa:
Complaints email: complaints.IR@justice.gov.za

4. Policy Records available in terms of other legislation (Section 51(1)(c) of PAIA)

In terms of other legislation, policy records are available that have been amended, as relevant, from time to time. A list of “other legislation” is provided below and where applicable:

• Protection of Personal Information Act 4 of 2014 (the “POPI Act”)
• Promotion of Access to Information Act 2 of 2000 (the “PAIA”)
• The Companies Act 71 of 2008,
• Compensation of Occupational Injuries and Diseases Act 130 of 1993
• Occupational Health and Safety Act 85 of 1993
• Unemployment Insurance Act 63 of 2001,
• Income Tax Act 58 of 1962
• Electronic Communications and Transactions Act 25 of 2002
• Telecommunications Act 103 of 1996
• Electronic Communications Act 36 of 2005
• Consumer Protection Act 68 of 2008
• National Credit Act 34 of 2005
• Disaster Management Act 57 of 2002
• Tax Administration Act 28 of 2011
• Value Added Tax Act 89 of 2001
• Constitution of the Republic of South Africa, 1996 (the “Constitution”).

5.  Schedule of records (Section 51 (1)(d))

The accessibility of the documents listed below may be subject to the grounds of refusal set out in this manual.

5.1. Records that are available without having to submit a request in terms of PAIA:

• Marketing material
• Pamphlets

5.2 Records that must be formally requested in terms of PAIA include:

• Records of Incorporation
• Certificates to Commence Business
• Copies of forms lodged with the Companies and Intellectual Properties Commission
• Company Register documents
• Annual Financial Statements
• Tax Returns
• Accounting Records
• Banking Records
• Asset Register
• Rental Agreements
• Invoices
• UIF
• Private Body records
• Client related records and associated documentation and reports
• Other records protected by way of confidentiality/non-disclosure agreements
• Commercial activities of the Business

In addition to the above, the Company may refuse a request for information made in terms of clause 5.2 on the following basis:

• 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;
• Mandatory protection of the commercial information of a third party, if the record contains:
• Trade secrets of that third party;
• Financial, commercial, or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party; and
• Information disclosed in confidence by a third party to the Company if the disclosure could place that third party at a
• Mandatory protection of confidential information of third parties if it is protected in terms of any agreement or legislation;
• Mandatory protection of the safety of individuals and the protection of property;
• Mandatory protection of records which would be regarded as privileged in legal proceedings;
• Mandatory protection of records of a personal nature as defined in terms of POPIA;
• The commercial activities of the Company, which includes but is not limited to trade secrets, financial, commercial or technical information as well as software platforms or programmes exclusively developed for the Company.

Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused.

6. Personal Information

Illimis wines may hold Personal Information of the following types of Data Subjects: employees, clients, suppliers, service providers or other legal entities and natural persons.

a) Data Subject Rights

Data Subjects has the right to access their information. Data Subjects also have the right to ask us to update, correct or delete your Personal Information They have the right to request a copy of the Personal Information Illimis wines holds about them. To do this, simply contact Illimis wines at lucinda@illimiswines.com and specify what information you require.

Please note that any such access request may be subject to a payment of a legally allowable fee.

Data Subjects have the right to correction and deletion of their personal information. Data Subjects has the right to request an update, correction, or deletion of their Personal Information.

Any complaint by the Data Subjects, where the Data Subject feel that Illimis wines is not dealing with their Personal Information fairly and lawfully, may complain to the Information Regulator.

b) Special Personal Information

At Illimis wines we do not collect any Special Personal Information. Should we however need to collect Special Personal Information, we will only collect it if its collection is reasonably necessary for, or directly related to, one or more of our functions or activities or the collection is required or authorised by law.

We collect Personal Information in order to provide clients with newsletters. We make use of Payfast for easy, secure and instant payment processing and we do not store any of your payment / banking details at Illimis wines.

We may collect personal information from a variety of sources. This includes:

• Personal information you give us directly such as your name, surname, telephone number, address and email address,
• Personal information we collect automatically, such as website usage and other technical data such as details of your visits to our websites or information collected through cookies and other tracking technologies, and
• Personal information we collect from other sources.

c) Lawful processing of Personal Information

Illimis wines, as the Responsible Party or as the Operator, will adhere to the 8 conditions for the lawful Processing of Personal Information:

• Accountability – The responsible party must ensure that the conditions and all the measures set out in POPIA that give effect to such conditions, are complied with at the time of the determining the purpose and means of the processing.
• Processing limitation – Personal Information may only be processed in a fair and lawful manner and only with the consent of the Data Subject.
• Purpose specific – Personal Information may only be processed for specific, explicitly defined and legitimate reasons.
• Further processing limitation – Personal Information may not be processed for a secondary purpose unless that processing is compatible with the original purpose.
• Information quality – The responsible party must take reasonably steps to ensure that the personal information collected is complete, accurate, not misleading and updated where necessary.
• Openness – The data subject whose information is collected must be aware that his/her/its Personal Information is collected and for what purpose the information will be used.
• Security safeguards – Personal Information must be kept secure against the risk of loss, unlawful access, interference, modification, unauthorised destruction and disclosure.
• Data subject participation – Data subjects may enquire about the Personal Information that is held about them and may request the correction and/or deletion of such personal information.

7. Form of a request for information (Section 51(1)(e) of PAIA)

A requester must use the prescribed form “Form C” to request access to the information as set out above. Form C can be downloaded from the following URL: https://www.justice.gov.za/forms/paia/J752_paia_Form 20C.pdf

The request must be addressed to the Information Officer as indicated in section 2.

The requester must provide sufficient detail on Form C to enable the contact person of the Company to establish who the requester of the said information is, as well as what   information is being requested and in what format.

The requester must provide enough detail in respect of his/her contact details and if the requester wishes to be informed of the decision of the Company in any specific manner (in  addition to written), the manner and particulars thereof.

The right which the requester is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right.

After the Company has reached a conclusion with regard to the request, the requester   will be notified in the required format.

If the request is granted, a further access fee must be paid for the search, reproduction,   preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.

The Company does not have internal appeal procedures; therefore, the decision made by the Information Officer of the Company is final. Requesters who are dissatisfied with a decision of the Company will have to exercise external remedies at their disposal.

A dissatisfied requester or a Third Party, may within 30 days of notification of the decision, apply to an appropriate court for relief.

8. Prescribed fees (Section 51(1)(f) of PAIA)

A requester who seeks access to a record containing personal information about that requester (a personal requester) is not required to pay a request fee subject to the volume of documentation requested being reasonable in nature and at the Company’s reasonable discretion; alternatively, the requester must pay the required request fee, as prescribed from time to time.

Every other requester, who is not a personal requester, must pay the required request  fee, as prescribed from time to time.

If the preparation of the record requested requires more than the prescribed hours, a deposit shall be paid (of not more than one third of the access fee which would be payable if the request was granted). A requestor may lodge an application with a court   against the tender/payment of the request fee and/or deposit.

Records may be withheld until the fees have been paid.

Fees:

Documents	Fees
The fee for a copy of the manual as contemplated in regulation 9 (2) (c) – every photocopy of an A4-size page or part thereof	R1,10
The fees for reproduction referred to in regulation 11 (1) are as follows:
For every photocopy of an A4-size page or part thereof	R 1,10
For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable	form R 0,75
For a copy in a computer-readable form on compact disc	R 70,00
For a transcription of visual images (where applicable), for an A4-size page or part thereof	R 40,00
For a copy of visual images	R 60,00
For a transcription of an audio record, for an A4-size page or part thereof	R 20,00
For a copy of an audio record	R 30,00
The request fee payable by a requester, other than a personal requester, referred to in regulation 11 (2)	R50,00

The fees herein are subject to change so you undertake to confirm the fees applicable to your request with the said contact person of the Company as per Clause 2 prior to requesting the information you wish to request where a fee will be charged.

9. Availability of the manual (Section 51(3) of PAIA)

This manual is available for inspection at the offices of the Company free of charge upon prior arrangement with the said contact person of the Company as per Clause 2 or alternatively as contained below.

A copy will also be made available on the website of the Company should the Company have a website.

10. Information or records not found

If all reasonable steps have been taken to find a record, and such a record cannot be found or if the records do not exist, the Information Officer shall notify the requester, by   way of an affidavit or affirmation, that it is not possible to provide access to the requested records.

The affidavit or affirmation shall provide a full account of all the steps taken to find the   requested records or to determine the existence thereof, including details of all  communications by the Information Officer with every person who conducted the search.

If the record in question should later be found, 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.

The attention of the requester is drawn to the provisions of Chapter 4 of Part 3 of PAIA    in terms of which the Company may refuse, on certain specified grounds, to provide information to a requester.

11. Information requested about a Third Party (Section 71 to 74 of PAIA)

Section 71 of PAIA makes provision for a request of information or records about a Third Party.

In considering such a request, the Company will adhere to the provisions of section 71 to 74 of PAIA.

The attention of the requester is drawn to the provisions of Chapter 5 of Part 3 of PAIA  in terms of which the Company is obliged, in certain circumstances, to advise Third Parties of requests lodged in respect of information applicable to or concerning such Third Parties.

Should you have any queries kindly contact the Information Officer.