PAIA Manual

Table of Contents

1. Introduction
2. The Act
3. Purpose of the Manual
4. Contact Details
5. Guide on How to Use PAIA
6. Records Automatically Available
7. Records of the Private Body
8. Records Required in Terms of Legislation
9. Processing of Personal Information
10. Request Procedure
11. Fees
12. Grounds for Refusal
13. Decision

1. Introduction

Good Food Distributors (Pty) Ltd is a leading B2B food distribution company serving the South African market. We are a regional distributor that supplies FMCG products and supply chain solutions to wholesalers, retailers, forecourts, and traders across 9 provinces.

This manual has been prepared in accordance with Section 51 of the Promotion of Access to Information Act, No 2 of 2000 ("PAIA") and serves as a guide for requesters who wish to access information or records held by Good Food Distributors (Pty) Ltd.

2. The Act

The Promotion of Access to Information Act, No 2 of 2000 ("The Act") was enacted on 3 February 2000, giving effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights.

Where a request is made in terms of The Act, the body to which the request is made is obliged to release the information, except where The Act expressly provides that the information may or must not be released. The Act sets out the requisite procedural requirements attached to such requests.

This constitutional right is subject to justifiable limitations, including limitations aimed at the reasonable protection of privacy, commercial confidentiality, and effective, efficient, and good governance.

3. Purpose of the Manual

In order to promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in terms of The Act in order for them to exercise their rights in relation to public and private bodies.

Section 9 of The Act recognizes that such right to access to information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:

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

This balance must be struck in a manner that balances the right to access information with any other rights, including such rights contained in the Bill of Rights in the Constitution.

Wherever reference is made to "Private Body" in this manual, it refers to Good Food Distributors (Pty) Ltd.

4. Contact Details

5. Guide on How to Use PAIA and How to Obtain Access to the Guide

5.1 Official PAIA Guide

The Information Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available the revised Guide on how to use PAIA ("Guide"), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA.

The Guide is available in each of the official languages and in braille.

5.2 Contents of the Guide

The aforesaid Guide contains descriptions of:

• The objects of PAIA and POPIA;
• The contact details of Information Officers of public and private bodies;
• The manner and form of requests for access to records;
• The assistance available from the Information Officer and the Regulator;
• All remedies available regarding acts or failures to act in respect of rights or duties conferred or imposed by PAIA and POPIA, including internal appeals, complaints to the Regulator, and court applications;
• The provisions requiring public and private bodies to compile manuals;
• The provisions for voluntary disclosure of records;
• Notices regarding fees; and
• Regulations made in terms of section 92 of PAIA.

5.3 How to Obtain the Guide

Members of the public can inspect or make copies of the Guide from:

• The offices of public and private bodies during normal working hours;
• The office of the Information Regulator during normal working hours;
• Upon request to our Information Officer;
• From the website of the Regulator: https://www.justice.gov.za/inforeg/

6. Records Automatically Available to the Public

The following records are automatically available without the need to submit a formal PAIA request:

Note: Records marked as "Available on Request" require you to contact our Information Officer directly. No formal PAIA request is necessary for these records if you are the subject of the information.

7. Records of the Private Body

This section serves as a reference to the records that the Private Body holds in order to facilitate a request in terms of The Act. The information is classified and grouped according to records relating to the following subjects and categories:

Important Note: It is recorded that the accessibility of the documents listed herein may be subject to the grounds of refusal set out in Section 12 of this Manual.

8. Records Required in Terms of Legislation

Records are kept in accordance with legislation applicable to Good Food Distributors (Pty) Ltd, which includes but is not limited to the following:

Note: Reference to the above-mentioned legislation shall include subsequent amendments and secondary legislation to such legislation.

9. Processing of Personal Information

9.1 Purpose of Processing Personal Information

We only process personal information for specific, explicitly defined, and lawful purposes, including:

• To gather contact information for business communications;
• To confirm and verify your identity or to verify that you are an authorized user for security purposes;
• For the detection and prevention of fraud, crime, money laundering or other malpractice;
• To process orders, invoices, and payments;
• To manage customer accounts and credit facilities;
• To conduct market or customer satisfaction research or for statistical analysis;
• For audit and record keeping purposes;
• In connection with legal proceedings;
• To comply with legal and regulatory obligations.

9.2 Categories of Data Subjects and Information Processed

9.3 Recipients of Personal Information

9.4 Planned Transborder Flows of Personal Information

Personal information may be transferred to recipients in foreign jurisdictions, including cloud service providers and international payment processors. In accordance with Chapter 9 of POPIA, we ensure that adequate safeguards are in place to protect your personal information. For more details, please refer to our Privacy Notice.

9.5 Security Measures

We implement appropriate technical and organizational security measures to ensure the confidentiality, integrity, and availability of personal information, including:

• Physical security (access controls, surveillance, 24/7 monitoring);
• Computer and network security (firewalls, encryption, intrusion detection);
• Access controls (role-based access, multi-factor authentication);
• Secure communications (SSL/TLS encryption);
• Security in contracting out activities or functions;
• Retention and disposal procedures;
• Acceptable usage policies;
• Governance and regulatory compliance;
• Monitoring and auditing;
• Incident response and investigation.

For comprehensive details on how we process personal information, please refer to our Privacy Notice.

10. Request Procedure for Obtaining Information

10.1 Access to Records Held by the Private Body

Records held by Good Food Distributors may be accessed by request only once the prerequisites for access have been met. The requester must fulfill all requirements set out in The Act, including the payment of applicable fees.

10.2 How to Make a Request

10.3 Information Required in Request

The request form must include sufficient details to enable the Information Officer to identify:

• The record or records requested;
• The identity of the requester;
• Which form of access is required (inspection, copy, transcript, etc.);
• The postal address, fax number, or email address of the requester;
• The right the requester is seeking to exercise or protect and an explanation of why the record is required to exercise or protect that right.

10.4 Special Circumstances

• If a request is made on behalf of another person, the requester must submit proof of capacity to act on behalf of that person;
• If an individual is unable to complete the form due to illiteracy or disability, the request may be made orally;
• The requester must pay the prescribed fee before further processing can take place.

10.5 Processing Timeline

The Private Body will process the request and make a decision within 30 days of receipt, unless the requester has stated special reasons that justify an extension. The requester will be notified in writing whether access has been granted or denied, with reasons provided if required.

The 30-day period may be extended for a further period of not more than 30 days if:

• The request is for a large amount of information;
• The request requires a search for information held at another office; or
• The information cannot reasonably be obtained within the original 30-day period.

The requester will be notified in writing of any extension.

11. Fees

11.1 Request Fee

When the Information Officer receives a request for access, the requester may be required to pay a prescribed request fee before any further processing can take place. The current request fee is R50.00 for manual requests.

11.2 Access Fee and Deposit

If the search for the record and preparation for disclosure requires more than the hours prescribed in the regulations (currently 6 hours), the Information Officer shall notify the requester to pay a deposit of the prescribed portion of the access fee.

The access fee covers:

• Reproduction of the record (photocopying, printing, electronic reproduction);
• Search time and preparation time;
• Time reasonably required in excess of prescribed hours;
• Arrangements to make the record available in the requested form.

11.3 Payment and Refunds

• The Information Officer shall withhold a record until the requester has paid the applicable fees;
• If a deposit has been paid and the request is refused, the Information Officer will refund the deposit to the requester;
• Fees are payable in accordance with the prescribed rates set out in the PAIA regulations.

12. Grounds for Refusal of Access to Information

The main grounds on which Good Food Distributors may refuse a request for information are set out in Chapters 4 and 5 of PAIA and relate to:

13. Decision

Good Food Distributors will, within 30 days of receipt of a request for access to information, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.

13.1 Extension of Timeline

The 30-day period within which we must decide whether to grant or refuse the request may be extended for a further period of not more than 30 days if:

• The request is for a large amount of information;
• The request requires a search for information held at another office of the Private Body;
• The information cannot reasonably be obtained within the original 30-day period;
• Consultation with third parties is necessary.

We will notify the requester in writing should an extension be required, providing reasons for the extension.

13.2 Form of Access

If a request is granted, access will be provided in the form requested by the requester, unless:

• Providing access in that form would interfere unreasonably with the effective administration of the Private Body;
• Providing access in that form would be detrimental to the preservation of the record;
• The form of access requested would result in an infringement of copyright not owned by the state or the Private Body.

13.3 Remedies Available

If a requester is not satisfied with our decision, the following remedies are available:

• Internal Appeal: Not applicable to private bodies;
• Complaint to the Information Regulator: Lodge a complaint with the Information Regulator at complaints.IR@justice.gov.za;
• Court Application: Apply to a court with appropriate jurisdiction for relief within 180 days of the decision or deemed refusal.

Availability of This Manual

This PAIA Manual is available for inspection at the premises of Good Food Distributors (Pty) Ltd during normal business hours (Monday to Friday, 08:00 - 17:00), and is published on our website at www.good-food.co.za/paia.

A copy of this manual has been submitted to the Information Regulator as required by Section 51(3) of PAIA.

Good Food Distributors (Pty) Ltd

Registration Number: 2024/123456/07 | VAT Number: 4567890123

8 Willow Street, Kempton Park, 1449, South Africa

Phone: +27 82 371 7258 | Email: info@good-food.co.za

© 2024 Good Food Distributors (Pty) Ltd. All rights reserved.
This PAIA Manual was last updated in October 2024.