The Promotion of Access to Information Act, 2000 ("PAIA") came into operation on 9 March 2001. PAIA seeks, among other things, to give effect to the Constitutional right of access to any information held by the State or by any other person where such information is required for the exercise or protection of any right and gives natural and juristic persons the right of access to records held by either a private or public body, subject to certain limitations, in order to enable them to exercise or protect their rights. Where a request is made in terms of PAIA to a private body, that private body must disclose the information if the requester is able to show that the record is required for the exercise or protection of any rights, and provided that no grounds of refusal contained in PAIA are applicable. PAIA sets out the requisite procedural issues attached to information requests.
Section 51 of PAIA obliges private bodies to compile a manual to enable a person to obtain access to information held by such private body and stipulates the minimum requirements that the manual has to comply with.
This Manual constitutes SFC’s PAIA manual. This Manual is compiled in accordance with section 51 of PAIA as amended by the Protection of Personal Information Act, 2013 ("POPIA"), which gives effect to everyone’s Constitutional right to privacy. 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 by providing for the establishment of an Information Regulator to exercise certain powers and perform certain duties and functions in terms of POPIA and PAIA, providing for the issuing of codes of conduct and providing for the rights of persons regarding unsolicited electronic communications and automated decision making in order to regulate the flow of personal information and to provide for matters concerned therewith.
This PAIA manual also includes information on the submission of objections to the processing of personal information and requests to delete or destroy personal information or records thereof in terms of POPIA.
Stellenbosch Football Club is a South African football club situated in Stellenbosch in the Western Cape. Stellenbosch Football Club is based at the Stellenbosch Academy of Sport, an all- encompassing world-class sport facility.
| Name of Body: | Stellenbosch Football Club |
|---|---|
| Designated Information Officer: | Robert Benadie |
| Email address of Information Officer: | privacy@stellenboschfc.com |
| Postal address: | 1 Krige Street,
Stellenbosch 7600 |
| Street address: | 1 Krige Street,
Stellenbosch 7600 |
| Phone number: | +27 21 861 7800 |
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:
The objectives of this Manual are:
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.
Information will therefore not be furnished unless a person provides sufficient particulars to enable SFC 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. 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.
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.
The Information Officer will facilitate the liaison with the internal legal team on all of these requests.
All requests in terms of PAIA and this Manual must be addressed to the Information Officer using the details in paragraph 3 above.
Information that is obtainable via the SFC website about SFC is automatically available and need not be formally requested in terms of this Manual.
The following categories of records are automatically available for inspection, purchase or photocopying:
SFC may collect information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to-
SFC holds information and records on the following categories of data subjects:
(This list of categories of data subjects is non-exhaustive.)
Depending on the category of personal information which is collected, the purposes for processing may include:
Depending on the nature of the personal information, SFC may supply information or records to the following categories of recipients:
(This list of categories of data subjects is non-exhaustive. Also refer to our Privacy Policy)
SFC takes appropriate technical and organisational measures designed to ensure that personal information remains confidential and secure against unauthorised or unlawful processing and against accidental loss, destruction or damage
Information is available in terms of certain provisions of the following legislation to the persons or entities specified in such legislation:
SFC maintains records on the categories and subject matters listed below. Please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of PAIA.
Please note further that many of the records held by SFC are those of third parties, such as clients and employees, and SFC takes the protection of third party confidential information very seriously. In particular, where SFC acts as professional advisors to clients, many of the records held are confidential and others are the property of the client and not of SFC. For further information on the grounds of refusal of access to a record please see paragraph 11.5 below. Requests for access to these records will be considered very carefully. Please ensure that requests for such records are carefully motivated.
| Category of records | Records |
|---|---|
| Internal records
The records listed pertain to SFC's own affairs |
|
| Personnel records
For the purposes of this section, “personnel” means any person who works for or provides services to or on behalf of SFC and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of SFC. This includes partners, directors, all permanent, temporary and part-time staff as well as consultants and contract workers. |
|
| Client-related records |
|
| Other third party records
Records are kept in respect of other parties, including without limitation joint ventures and consortia to which SFC is a party, contractors and sub-contractors, suppliers, service providers, and providers of information regarding general market conditions. In addition, such other parties may possess records which can be said to belong to SFC. |
|
| Other records |
|
Any request for access to a record in terms of PAIA must substantially correspond with Form C of Annexure B to Government Notice No. R.187 dated 15 February 2002 and should be specific in terms of the record requested. (See appendix C hereto.)
A request for access to information which does not comply with the formalities as prescribed by PAIA will be returned to you.
POPIA provides that a data subject may, upon proof of identity, request the SFC 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.
POPIA also provides that where the data subject is required to pay a fee for services provided to him/her, SFC 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.
Grounds for refusal of the data subject’s request are set out in PAIA and are discussed below.
POPIA provides that a data subject may object, at any time, to the processing of personal information by SFC, 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 2 and submit it to the Information Officer at the postal or physical address, facsimile number or electronic mail address set out above.
A data subject may also request SFC 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 SFC is no longer authorised to retain records in terms of POPIA's retention and restriction of records provisions.
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.
Proof of identity is required to authenticate your identity and the request. You will, in addition to this prescribed form, be required to submit acceptable proof of identity such as a certified copy of your identity document or other legal forms of identity.
There are two categories of fees which are payable:
Section 54 of PAIA entitles SFC 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.
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.
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.
Should an extension be required, you will be notified, together with reasons explaining why the extension is necessary.
There are various grounds upon which a request for access to a record may be refused. These grounds include:
Section 70 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.
If 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.
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.
There is no internal appeal procedure that may be followed after a request to access information has been refused. The decision made by the Information Officer is final. In the event that you are not satisfied with the outcome of the request, you are entitled to apply to a court of competent jurisdiction to take the matter further.
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.
A person has the right to lodge a complaint to the Regulator and request the contact details of the Regulator from the Information Officer if they feel that this Manual does not comply with the applicable laws.
Copies of this Manual are available for inspection, free of charge, at the offices of SFC and at 1 Krige street, Stellenbosch, 7600.