PAIA

PROMOTION OF ACCESS TO INFORMATION MANUAL
(hereinafter referred to as the “Manual”) for STORMERS RUGBY (PTY) LIMITED
A private company with limited liability (hereinafter referred to as “Stormers Rugby”)

prepared and publish in accordance with section 51 of the Promotion of Access to Information Act, No. 2 of 2000 (hereinafter referred to as “the Act”).

The purpose of this Manual is, inter alia, to assist a requester with the process of requesting access to information held by Stormers Rugby.

Updated December 2024

INTRODUCTION

This Manual is published in terms of Section 51 of the Act, and contains the processes and procedures to be followed in relation to requests for access to records held by Stormers Rugby (“this Manual”). This Manual should be read together with the relevant provisions of the Act and of the Protection of Personal Information Act, No. 4 of 2013 (“POPI”).

The Act aims to gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information. This is information held by the State but also information held by any another person. A person that is entitled to exercise a right or who needs information for the protection of any right, is entitled to access that information, subject to certain restraints.

Section 51 of the Act creates a general legal obligation on all citizens and juristic persons to provide information. There is no other duty to provide information unless an individual, for example, contracts to provide information or a specific act, such as the Companies Act, creates an obligation to provide information.

The Act further stipulates the procedures to be followed in order to request access to personal information held by or on behalf of private or public bodies, as such term is defined in POPI, and the grounds upon which access to such personal information may be granted or denied.

References in this Manual to terms as defined in the Act and/or POPI shall bear the meaning ascribed in such Acts.

PURPOSE

The purpose of this Manual is to facilitate requests for access to information of Stormers Rugby. This Manual does not comprehensively deal with every procedure provided for in the Act.

Requesters are advised to familiarise themselves with the provisions of the Act before making any requests to Stormers Rugby in terms of the Act.

Stormers Rugby makes no representation and gives no undertaking or warranty that the information in this Manual or any information provided by it to a requester is complete or accurate, or that such information is fit for any purpose. All users of such information shall use such information entirely at their own risk, and Stormers Rugby shall not be liable for any loss, expense, liability or claims, howsoever arising, resulting from the use of this Manual or of any information provided by Stormers Rugby or from or any error therein.

All users and requesters irrevocably agree to submit to the law of the Republic of South Africa and to the exclusive jurisdiction of the Courts of South Africa in respect of any dispute arising out of the use of this Manual or any information provided by Stormers Rugby.

INFORMATION REQUIRED UNDER SECTION 51(1)(a) OF THE ACT

Details of the Information Officer

Head of the Company or Designated
Information Officer
Gavin Lewis
Physical address
DHL Stadium, Foyer F, Level 4
Fritz Sonnenberg Road, Green Point, Cape Town 8051
Email address
[email protected]
Telephone number
0828852121
Details of Stormers Rugby

Company Reg No.
2016/223694/07
Physical address
DHL Stadium, Foyer F, Level 4
Fritz Sonnenberg Road, Green Point, Cape Town 8051
Email
[email protected]
Website
www.stormers.co.za

STORMERS RUGBY OVERVIEW

Stormers Rugby believes in the precepts of transparency, accountability, integrity.

DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10: SECTION 51(1)(b)

The guide described in section 10 of the Act was published by the South African Human Rights Commission and contains the information as prescribed in the Act. The guide and further information regarding the Act can be found at https://www.sahrc.org.za/index.php/understanding-paia. The guide and the South African Human Rights Commissions’ website contains relevant information which will assist any person who wishes to exercise any right contemplated in the Act.

Please note that as from 30 June 2021 the Information Regulator (as established in terms of POPI) took over the regulatory mandate functions relating to the Act. Any enquiries in this regard should thus be directed directly to the Information Regulator at [email protected] and further information regarding PAIA can be accessed at https://www.justice.gov.za/inforeg.

NOTICE IN TERMS OF SECTION 52(1) and (2) OF THE ACT:

No notice has been published in terms of section 52(2) of the Act, and no documents and information held by Stormers Rugby are voluntarily made available automatically pursuant to 52(1) of the Act: a person must request access in terms of and subject to the provisions of the Act.

RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION: SECTION 51(1)(d)

The following legislation creates the obligation to keep certain records:
Basic conditions of Employment No. 75 of 1997
Broad Based Black Economic Empowerment Act No. 53 of 2003
Companies Act No. 71 of 2008
Compensation for Occupational Injuries and Health Diseases Act No. 130 of 1993
Employment Equity Act No. 55 of 1998
Income Tax Act No. 95 of 1967
Labour Relations Act No. 66 of 1955
Occupational Health and Safety Act No. 85 of 1993
Skills Development Act No. 97 of 1998
Unemployment Insurance Act No. 63 of 2001
Value Added Tax Act No. 89 of 1991

SUBJECTS AND CATEGORIES OF RECORDS HELD BY STORMERS RUGBY: SECTION 51(1)(e)

The Act requires that sufficient detail be provided to facilitate a request for access to a record of Stormers Rugby. A description of the subjects on which Stormers Rugby holds records and the categories of the records held by each subject can be found in Annexure “A” of this Manual. This list of subjects and categories of records that can be found in Annexure “A” forms an integral part of this Manual.

DETAIL ON HOW TO MAKE A REQUEST FOR ACCESS – SECTION 51(e)

1. Introduction

Access to information held by Stormers Rugby is not automatic and can be refused by Stormers Rugby on any of the grounds for refusal contemplated in Chapter 4 of Part 3 of the Act.

In order to request access to information held by Stormers Rugby, the person requesting access to such information (hereinafter referred to as the “requester”) must not only identify the right it is seeking to exercise or protect and explain why the record requested is required for the exercise or protection of that right but must also comply with all the procedural requirements set out in the Act.

If the requester requests information on behalf of a public body (e.g. the state), the requester must identify that the request for information is in the public’s interest by stipulating adequate reasons, and if the records are required to fulfil or protect any rights other than those of the public body.

2. Procedural Requirements

• In order to facilitate such a request for access to information, the requester needs to complete the prescribed access form which shall be made available by the Information Officer upon receiving a request at Stormers Rugby’s street address or the Information Officer’s e-mail address (both of which are set out on page 2 of this Manual). Please note that the prescribed access form, as shall be provided by the Information Officer upon request, must be completed in full. If not, the process may be delayed until such additional information has been provided.

• Proof of identity is required to authenticate the request and the requester. Therefore, in addition to the prescribed access form, requestors will be required to supply a certified copy of their identification document or any other legally acceptable form of identification, as well as the mandate or resolution authorising them to make the request (where the request is made acting on behalf of a natural or juristic person).

• The request must be made to the Information Officer at Stormers Rugby’s street address or the Information Officer’s e-mail address (both of which are set out on page 2 of this Manual).

• The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record requested and the requester. When completing a request on the prescribed form, the requester should also indicate:
– the preferred language;
– whether the requester wishes to be informed of the decision in another manner in addition to a written reply; and
– a facsimile number and postal address.

• If a request is made on behalf of another person, then the requester must show, to the reasonable satisfaction of the Information Officer, that he or she is duly authorised to make such application.

• If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request verbally, in which case the Information Officer shall complete the prescribed access form on behalf of the request and furnish them with a copy thereof.

• The form must be adequately completed, with sufficient information particularly so that the official of Stormers Rugby can identify:
– from where and from whom the request is made;
– what record is requested;
– what the access fee will be, should access be granted.

• A request will not be processed until the request fee and a deposit of the access fee (if applicable) have been paid. The request fee is an administration fee that must be paid before the request is considered and is not refundable. However, a requester requesting information containing personal information about the requester is excluded from paying the request fee.

• The access fee is intended to reimburse Stormers Rugby for the costs involved in searching and preparing the record requested for delivery and is payable once access to the record requested is granted. Should this request for access to information be about a person other than the requester and Stormers Rugby is of the opinion that the preparation of the required record will take more than six hours, a deposit (which is 1/3) of the access fee is payable before the request will be processed by Stormers Rugby.

3. Notification

Requestors will be informed within 30 days whether:
• the request for access has been granted;
• the Information Officer has decided to refuse access to the information requested based on any of the grounds for refusal as contemplated in Chapter 4 of Part 3 of the Act; or
• the 30-day period is to be extended for a further 30-day period should more time be required to gather the requested information.

If the request for access to a record is successful, the requester will be notified of the following:
• the amount of the access fee payable upon gaining access to the record;
• an indication of the form in which the access will be granted; and
• that the requester may lodge an application with a court against the payment of the access fee and the procedure, including the period, for lodging the application.

If the request for access to a record is not successful, the requester will be notified of the following:
• adequate reasons for the refusal; and
• that the requester may lodge an application with a Court against the refusal of the request and the procedure, including the period, for lodging the application.

FEES

As set out above, there are two basic types of fees applicable in terms of the Act – “request” and “access” fees. The non-refundable request fee is payable on submission of the request for access to a record (unless the request is for personal information relating to the requester in which event there is no applicable fee) and the access fee is payable prior to the actual gaining of access to the records in the required form. Kindly find herewith a link to prescribed Form 3, titled “Outcome of request and of fees payable” which sets out the applicable fees, the fees is also attached hereto as Annexure “B”: https://inforegulator.org.za/wp-content/uploads/2020/07/Form-3-PAIA.pdf

POPI COMPLIANCE

Personal information is processed by Stormers Rugby in the conduct of its business activities, specifically as it relates to agreements concluded with its affiliates, agents, advisors, employees, service providers, contractors, commercial partners, dealers, ticketing distributors and/or third-party service providers and suppliers.
Personal information is only disclosed, by Stormers Rugby to third parties, in line with the provisions of POPI (such a disclosure with the consent of the relevant “data subject”, in order to comply with an agreement between the “data subject” and Stormers Rugby and/or where it is in the best interest of the “data subject”) and as necessary or required in the conduct of the business activities of Stormers Rugby. Aforementioned includes the necessary disclosure of personal information to the employees of Stormers Rugby (in relation to the performance of their duties) and to the service providers, agents and contractors of Stormers Rugby (in respect of the services provided to Stormers Rugby).
Stormers Rugby implements the necessary security safeguards to ensure the confidentiality and integrity of all personal information, as prescribed by POPI. This includes the use of secure storage facilities, password protected computers and encrypted storage. In order to ensure adequate protection of confidential and personal information Stormers Rugby does not set out its full privacy and security measures in this Manual. Please however feel free to contact us (at the contact details contained on page 1 of this Manual) if you require further details on how we protect confidential and personal information in our possession.

RECORDS THAT CANNOT BE FOUND OR DO NOT EXIST

If Stormers Rugby has searched for a record and it is believed that the record either does not exist or cannot be found, the requester will be notified by way of an affidavit or affirmation. This will include the steps that were taken to try to locate the record.

AVAILABILITY OF MANUAL

The Manual is available for inspection, free of charge, at the offices of Stormers Rugby, as set out in page 2 of this Manual, as well as on Stormers Rugby’s website at www.stormers.co.za.

Information Officer

Updated December 2024

ANNEXURE “A”

SUBJECTS AND CATEGORIES OF RECORDS HELD BY STORMERS RUGBY: SECTION 51(1)(e)

1. Companies Act Records

• Black Economic Empowerment Certificate
• Codes of Conduct
• Documents of Incorporation
• Legal Compliance Records
• Memorandum of Incorporation
• Minutes of Board of Directors Meetings
• Policies
• Records relating to the appointment of directors/ auditors/ secretary/ public office and other officers
• Share Register and other Statutory Registers
• Shareholders Agreements

2. Financial Records

• Accounting Records
• Annual Financial Statements
• Asset Register
• Auditors’ Report
• Bank Statements
• Banking Records
• Detail of Auditors
• Electronic Banking Records
• Invoices
• Rental Agreements
• Tax Returns

3. Income Tax Records

• Documents issued to employees for income tax purposes
• PAYE Records
• Records of payments made to SARS on behalf of employees
• Value Added Tax Clearance Certificate
• All other statutory compliances:
➢ Value Added Tax
➢ Regional Services Levies
➢ Skills Development Levies
➢ Unemployment Insurance Fund
➢ Workmen’s Compensation

4. Personnel Documents and Records

• Attendance Registers
• Disciplinary Code
• Disciplinary Records
• Employment Contracts
• Employment Equity Plan
• Leave Records
• Particulars of Personnel
• Record of time worked by employees

Updated December 2024

• Records containing all employees’ names and occupation
• Salary Records
• Sector Education and Training Authority Records
• Training Manuals
• Training Records

5. Supplier and Service Provider Records

• Supplier and merchant registration information
• Contracts
• Confidentiality agreements and non-disclosure agreements
• Communication
• Delivery records
• Financial and accounting information
• Contact information
• Consents
• Commissioned work and similar information

6. Immovable and Movable Property Records

• Agreements for the lease of movable property
• Other agreements for the purchase, ordinary sale, conditional sale, or hire of assets

7. Miscellaneous Records

• Suretyship agreements
• Third-party information that Stormers Rugby may be in possession of but access to which would be subject to the conditions set that relate to possession and use or to limitations relating to purpose.

Updated December 2024

ANNEXURE “B”

PRESCRIBED FEES

Request Fee

A request fee of R50.00 (excluding VAT) is payable upfront where a requester submits a request for access to information on anybody else other than a requester.

Access Fee

The applicable fees (excluding VAT) which will be payable are:

Rand
For every photocopy of an A4–size page or part thereof
1.10
For every printed copy of an A4-size page or part thereof held on a computer or in electronic form
0.75
For a copy in a computer-readable form on:

• Flash drive (to be provided by requestor)
40.00
• Compact disc:

(i) If provided by requestor
40.00
(ii) If provided to the requestor
60.00
A transcription of visual images, for an A4-size page or part thereof
40.00
For a copy of visual images
60.00
A transcription of an audio record, for an A4-size page or part thereof
24.00
Copy of an audio record

• Flash drive (to be provided by requestor)
40.00
• Compact disc

(i) If provided by requestor
40.00
(ii) If provided to the requestor
60.00
To search a record that must be disclosed, per hour or part of the hour
30.00

Postage fee

Where a copy of the record needs to be posted the actual postal fee is payable in addition to the applicable fees.

Updated December 2024