ECM is a group of private companies trading in the motor vehicle industry. The Group has 14 dealerships in the Eastern Cape, 1 in Gauteng. The dealerships sell new, used passenger and commercial vehicles, as well as parts and accessories. They also attend to the servicing of vehicles is a financial service providers.
The Company has a Finance and Insurance platform to interact and transact directly with third parties. ECM provides financial services under the licence of Eastern Cape Motor Holdings (Pty) ltd, and associated company, with FSP 44014.
This Promotion of Access to Information Manual (“Manual”) provides an outline of the type of records and the personal information it holds and explains how to submit requests for access to these records in terms of the Promotion of Access to Information Act 2 of 2000 (“PAIA”). In addition, it explains how to access, or object to, personal information held by the Company, or request correction of the personal information, in terms of sections 23 and 24 of the Protection of Personal Information Act 4 of 2013 (“POPIA”).
PAIA and POPIA give effect to everyone’s constitutional right of access to information held by private sector or public bodies, if the record or personal information is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.
Requests shall be made in accordance with the prescribed procedures, at the rates provided.
2 Availability of the ECM PAIA Manual
As per section 51(3) of PAIA, this Manual is available for inspection by the general public upon request, during office hours and free of charge, at the offices of ECM. Copies of the Manual may be made, subject to the prescribed fees. Copies may also be requested from the South African Human Rights Commission.
This manual is published on the Company website at https://www.easterncapemotors.co.za or alternatively, a copy can be requested from the Deputy Information Officer (see contact details in section 2).
2.1 Availability of guides to PAIA and POPIA
Official guides to PAIA and POPIA can be obtained from and queries directed to the following Regulators:
South African Human Rights Commission Promotion
of Access to Information Act Unit Research and Documentation Department
Private Bag 2700
2041 The Information Regulator
P.O. Box 31533,
Braampark Forum 3,
33 Hoofd Street
Braamfontein JD House, 27 Stiemens Street,
Braamfontein, Johannesburg, 2001
Telephone number: +27 (0) 11 877 3600 (Head Office)
Fax number: +27 (0)11 403 0625
Website : www.sahrc.org.za
E-mail : PAIA@sahrc.org.za
Telephone number: +27 (0) 10 023 5200
Website : www.justice.gov.za/inforeg
3 Company contact details
Name EASTERN CAPE MOTOR GROUP
Registration Number 1984/011119/07
Value Added Tax Number 4900102320
Director Stephen Theodosiou
Information Officer Stephen Theodosiou
Street Address 41 Grahamstown Road
Postal Address PO Box 2076, North End, Port Elizabeth
Telephone 041 484 4326
4 Company records
4.1 Automatic disclosure: Sec 51(1)(c) of PAIA – Records automatically available to the Public
No notice has been published in terms of section 52 of PAIA. However, the following records are automatically available at the registered office of ECM and other offices on payment of the prescribed fee for reproduction.
• Documentation and information relating to ECM which is held by the Companies and Intellectual Properties Commission in accordance with the requirements set out in set out in section 25 of the Companies Act 71 of 2008.
• Services and Promotional Brochures.
• News and other Marketing Information.
4.2 Legislative requirements: Sec 51(1)(d) – Records available in accordance with other legislation
• Basic Conditions of Employment Act 57 of 1997
• Broad-based Black Economic Empowerment Act 53 of 2003
• Close Corporations Act No 69 of 1984
• Compensation for Occupational Injuries and Diseases Act 61 of 1997
• Companies Act 71 of 2008
• Competition Act 89 of 1998
• Constitution of South Africa Act 108 of 1996
• Copyright Act 98 of 1987
• Consumer Protection Act 68 of 2008
• Electronic Communications and Transactions Act 25 of 2002
• Employment Equity Act 55 of 1998
• Financial Advisory and Intermediary Services Act No 37 of 2002
• Financial Intelligence Centre Act No 38 of 2001
• Income Tax Act 58 of 1962
• Intellectual Property Laws Amendment Act 38 of 1997
• Insolvency Act 24 of 1936
• Labour Relations Act 66 of 1995
• Long Term Insurance Act 52 of 1998
• National Credit Act No 34 of 2005
• Occupational Health and Safety Act No 85 of 1993
• Pension Funds Act No 24 of 1956
• Promotion of Access to Information Act 2 of 2000
• Protection of Personal Information Act 4 of 2013
• Second-hand Goods Act No 6 of 2009
• Short Term Insurance Act No 53 of 1998
• Skills Development Levies Act 97 of 1998
• Trademarks Act 194 of 1993
• Unemployment Insurance Act 63 of 2001
• Value Added Tax Act 89 of 1991
Records kept in terms of the above legislation may, in certain instances (and insofar as the information contained therein is of a public nature) be available for inspection without a person having to request access thereto in terms of the Act.
Although ECM has used its best endeavours to supply you with a list of applicable legislation it is possible that the above list may be incomplete.
4.3 Records held by ECM: Sec 51(1)(e) – ECM Record Subjects and Categories
NOTE: This section of the Manual sets out the categories and descriptions of records held by ECM. The inclusion of any category of records should not be taken to mean that records falling within that category will be made available under PAIA. In particular, certain grounds of refusal as set out in Chapter 4 of PAIA may be applicable to a request for such records.
4.3.1 Corporate affairs, communications, and marketing
• Media Releases
• Newsletters and Publications
• Corporate Social Investment
• Brochures, newsletters, and advertising material
• Client information
• Marketing brochures
• Marketing strategies
• Product and services brochures
• Policies and procedures
4.3.2 Corporate governance
• Applicable Statutory Documents
• Annual Reports
• Board of Directors and Board Committee Terms of Reference
• Codes of Conduct
• Executive Committee Meeting Minutes
• Legal Compliance Records
• Memoranda of Incorporation
• Minutes of Board of Directors and Board Committee Meetings
• Minutes of Shareholders’ Meetings
• Corporate Policies and Procedures
• Share Certificates
• Shareholder Agreements
• Share Registers
• Strategic plans
• Statutory Returns to Relevant Authorities
• List of employees
4.3.3 Finance and taxation
• Policies and Procedures
• Accounting Records
• Annual Financial Statements
• Audit Reports
• Capital Expenditure Records
• Investment Records
• Invoices and Statements
• Management Reports
• Purchasing Records
• Sale and Supply Records
• Tax Records and Returns
• Transactional Records
• Management Accounts
• Asset Register
• Payroll Records
• Banking records
• Bank facilities and account details
4.3.4 Human resources
• Education and Training Records
• Employee Benefit Records
• Employment Contracts
• Employment Equity Records
• Employee Information
• Employee Share Option Scheme
• Policies and Procedures
• Leave Records
• Medical Records
• Study assistance scheme/s
• Tax Returns of employees
• UIF Returns
• Incident records
• Employee Disability Insurance Records
4.3.5 Information technology
• Disaster Recovery
• Hardware and Software Packages
• Policies and Procedures
• Internal Systems Support and Programming
• Operating Systems
4.3.6 Facilities management
• Physical Security Records (Visitors, Suppliers, Contractors, Employees)
• Electronic Access & Identity Management Records (Employees, Contractors)
• Time and Attendance Records
4.3.7 Intellectual property
• Trademark applications
• Agreements relating to intellectual property
• General Contract Documentation
• Company Guidelines, Policies and Procedures
• Complaints, pleadings, briefs, and other documents pertaining to any actual or pending litigation, arbitration, or investigation.
• Material licenses, permits and authorizations.
• Employee, customer, and supplier information
• Immovable Property Records
• Statutory Records
• Insurance Records
4.3.9 Clients and financial institutions
• Client documentation
• Correspondence with clients
• Correspondence with third parties
• All information relating to or held on behalf of clients.
• Details of financial services providers
• Credit provider details.
• Declaration regarding insolvency
• Debt review and sequestration.
4.3.10 Procurement Management
• Service Provider and Supplier Records.
5 Processing of personal information
ECM takes the privacy and protection of personal information very seriously and will only process personal information in accordance with the current South African privacy. Accordingly, the relevant personal information privacy principles relating to the processing thereof (including, but not limited to, the collection, handling, transfer, sharing, correction, storage, archiving and deletion) will be applied to any personal information processed by ECM.
5.1 The purpose of processing of personal information by ECM
5.1.1 ECM processes personal information for variety of purposes including but not limited to the following:
• Fulfilling its statutory obligations in terms of applicable legislation;
• Verifying information provided to ECM;
• Obtaining information necessary to provide contractually agreed services to a customer;
• Monitoring, maintaining, and managing ECM’ contractual obligations to customers, clients, suppliers, service providers, employees, directors and other third parties;
• for travel purposes
• for recruitment purposes;
• for employment purposes;
• Marketing and advertising;
• for health and safety purposes;
• Resolving and tracking complaints;
• Monitoring and securing the assets, employees, and visitors to the premises of ECM;
• to help us improve the quality of our products and services;
• to help us detect and prevent fraud and money laundering
• Historical record keeping, research and recording statistics necessary for fulfilling ECM business objectives.
5.2 Categories of data subjects and personal information processed by ECM
5.2.1 ECM may process the personal information of the following categories of data subjects, which includes current, past, and prospective data subjects:
• Customer and employees, representatives, agents, contractors, and service providers of such customers;
• Suppliers, service providers to and vendors of ECM and employees, representatives, agents, contractors and service providers of such suppliers and service providers;
• Directors and officers of the Company;
• Existing and former employees (including contractors, agents, temporary and casual employees);
• Visitors to any premises of the Company;
• Complaints, correspondents, and enquiries; and
• to monitor access, secure and manage our premises and facilities.
The nature of personal information processed in respect of the above data subjects may include, as may be applicable:
• Name, identifying number, symbol, email address, physical address, telephone number, location information, online identifier, or other particular assignment to the person;
• Biometric information;
• Information relating to the education or the medical, financial, criminal or employment history of the data subject;
• Information relating to the rate, gender, marital status, national origin, age disability, language, and birth of the data subject;
• The personal opinions, views, or preferences of the data subject;
• Confidential correspondence sent by the data subject;
• The views of opinions of another individual about the data subject.
5.3 Recipients or categories of recipients with whom personal information is shared
5.3.1 ECM may supply personal information to the following recipients:
• Regulatory, statutory and government bodies;
• Suppliers, service providers, vendors, agents, and representatives of ECM;
• Employees of ECM;
• Shareholders and other stakeholders;
• Third party verification agencies and credit bureau;
• Banks and other financial institutions.
ECM does not share the personal information of our data subjects with any third parties, except if:
• we are obliged to provide such information for legal or regulatory purposes;
• we are required to do so for purposes of existing or future legal proceedings,
• we are selling one or more of our businesses to someone to whom we may transfer our rights under any customer agreement we have with you;
• we are involved in the prevention of fraud, loss, bribery, or corruption;
• they perform services and process personal information on our behalf;
• this is required to provide or manage any information, products and/or services to data subjects; or
• needed to help us improve the quality of our products and services.
ECM shall send our data subjects notifications or communications if we are obliged by law, or in terms of our contractual relationship with them.
We shall only disclose personal information to government authorities if we are required to do so by law.
Our employees, contractors, and suppliers, are required to adhere to data privacy and confidentiality principles.
6 Information security measures to protect personal information
ECM continuously establishes and maintains appropriate, reasonable technical and organisational measures to ensure that the integrity of the personal information in its possession or under its control is secure and that such information is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration or access by having regard to the requirements set forth in law, in industry practice and generally accepted information security practices and procedures which apply to ECM
7 Trans-border flows of personal information
Personal information of data subjects may be transferred across borders due to the hosting of some projects and applications in foreign jurisdictions. Current employees and consultants’ information may also be transferred transborder where ECM has a physical presence or may be providing services or performing in terms of its contractual obligations.
ECM shall only transfer personal information across South African borders if the relevant business transactions or situation requires trans-border processing and will do so only in accordance with South African legislative requirements; or if the data subject consents to transfer of their personal information to third parties in foreign countries.
ECM shall take steps to ensure that customers, clients, and service providers are bound by laws, binding corporate rules or binding agreements that provide an adequate level of protection and uphold principles for reasonable and lawful processing of personal information, in terms of POPIA.
ECM shall take steps to ensure that operators that process personal information in jurisdictions outside of South Africa, apply adequate safeguards as outlined in this manual.
8 Personal information received from third parties
9 Policy with regard to Confidentiality and Access to Information
ECM will protect the confidentiality of information provided by third parties, subject to our obligations to disclose information in terms of any applicable law or a court order requiring disclosure of the information.
If access is requested to a record that contains information about a third party, ECM is obliged to attempt to contact the third party to inform them of the request.
This enables the third party the opportunity of responding by either consenting to the access or by providing reasons why the access should be denied. In the event that the third-party furnishing reasons for the support or denial of access, the Information Officer will consider these reasons in determining whether access should be granted, or not.
10 Access procedure and requests
The purpose of this section is to provide requesters with sufficient guidelines and procedures to facilitate a request for access to a record held by ECM.
It is important to note that an application for access to information can be refused in the event that the application does not comply with the procedural requirements. In addition, the successful completion and submission of an access request form does not automatically allow the requester access to the requested record. An application for access to a record is subject to certain limitations if the requested record falls within a certain category as specified within Part 3 Chapter 4 of the Act.
If it is reasonably suspected that the requester has obtained access to ECM records through the submission of materially false or misleading information, legal proceedings may be instituted against such requester.
10.1 Guidance on completion of prescribed access form
In order for ECM to facilitate access to a record, the requester shall:
• Complete the prescribed contained in the PAIA manual.
• Address your request to the Deputy Information Officer either via conventional mail or e-mail.
• Provide sufficient detail to enable the Company to identify:
o The record(s) requested.
o The requestor (and, if an agent is lodging the request, proof of capacity).
o The South African postal address or email address of the requestor.
o The form of access required.
o The South African postal address or email address of the requestor.
o If the requester wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof.
10.2 Prescribed fees
Payment details can be obtained from the Deputy Information Officer and payment can be made either a direct deposit or electronic fund transfer (no credit card payments are accepted). Proof of payment must be supplied. Four types of fees are provided for in terms of the Act:
• Request fee: An initial, non-refundable R 50 (incl. VAT) is payable on submission. This fee is not applicable to Personal Requesters, referring to any person seeking access to records that contain their personal information.
• Reproduction fee: This fee is payable with respect to all records that are automatically available.
• Access fee: If the request for access is successful an access fee may be required to re-imburse ECM for the costs involved in the search, reproduction and/or preparation of the record and will be calculated based on the Prescribed Fees as set out in Part III of Annexure A of the Regulations to the Act.
• Deposit: A deposit of one third (1/3) of the amount of the applicable access fee, is payable if ECM receives a request for access to information held on a person other than the requester himself/herself and the preparation for the record will take more than six (6) hours. In the event that access is refused to the requested record, the full deposit will be refunded to the requester.
ECM shall within thirty (30) days of receipt of the request decide whether to grant or decline the request and give notice with reasons (if required) to that effect.
The thirty (30) day period within which ECM has to decide whether to grant or refuse the request, may be extended for a further period of not more than thirty (30) days, if the request is for a large volume of information, or the request requires a search for information held at another office of ECM and the information cannot be reasonably be obtained within the original thirty (30) day period. ECM will notify the requester in writing should an extension be sought.
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
• Notice 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 (refer to Third Party Information and Grounds for 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.
11 Records that cannot be found or do not exist
If, after all reasonable steps to locate a record have been taken, and no record is found, the Information Officer will notify the Requester by way of an affidavit or affirmation. This will include the steps that were taken to try to locate the record.
Should a record be found at a later stage, the Information Officer shall provide the requester access to such record, unless access to the record is refused on the grounds permitted by Chapter 4 of PAIA.
12 Grounds for refusal of access to records and remedies
Requests may be refused on the following grounds, as set out in the Act:
• Mandatory protection of privacy of a third party who is a natural person, including a deceased person, which would involve the unreasonable disclosure of personal information of that natural person;
• Mandatory protection of commercial information of a third party or ECM, if the record contains:
• Trade secrets of the third party or ECM;
• Financial, commercial, scientific, or technical information which disclosure could likely cause harm to the financial or commercial interests of the third party or ECM; and
• Information disclosed in confidence by a third party to ECM if the disclosure could put that third party to a disadvantage or commercial competition.
• Mandatory protection of certain confidential information of a third party if disclosure of the record would result in a breach of a duty of confidence owed to that party in terms of an agreement;
• Mandatory protection of the safety of individuals, and the protection of property;
• Mandatory protection of records privileged from production in legal proceedings, unless the legal privilege has been waived; and
• Mandatory protection of research information of a third party and of ECM.
ECM does not have internal appeal procedures regarding PAIA and POPIA requests. As such, the decision made by the duly authorised persons in this manual, is final. If a request is denied, the requestor is entitled to apply to a court with appropriate jurisdiction, or the Information Regulator, for relief.
14 Prescribed forms and fee structure
As per sections 53 and 54 of PAIA, the forms and fee structure prescribed under the Act are available from the Government Gazette, or at the website of the Department of Justice and Constitutional Development (www.doj.gov.za), under the ‘regulations’ section as well as the SAHRC website (www.sahrc.org.za). Form 1 is included in the manual on page 14.
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53 (1) of the Promotion of Access to Information Act, 2000 (Act 2 of 2000))[Regulation 10]
A Particulars of private body
B Particulars of person requesting access to record
a. The particulars of the person who requests access to the record must be given below.
b. The address and/or fax number in the Republic to which the information is to be sent must be given.
c. Proof of the capacity in which the request is made, if applicable, must be attached.
Full names and surname:
Capacity in which request is made, when made on behalf of another person:
C Particulars of person on whose behalf request is made
This section must be completed ONLY if a request for information is made on behalf of another person.
Full names and surname:
D Particulars of record
a. Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
b. If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sing all the additional folios.
1 Description of record or relevant part of the record:
2 Reference number, if available:
3 Any further particulars of record:
a. A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
b. You will be notified of the amount required to be paid as the request fee.
c. The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.
d. If you qualify for exemption of the payment of any fee, please state the reason for exemption.
Reason for exemption from payment of fees:
F Form of access to record
If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required. Disability:
Form in which record is required: Mark the appropriate box with an X.
a. Compliance with your request in the specified form may depend on the form in which the record is available.
b. Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
c. The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.
1 If the record is in written or printed form:
Copy of record*
Inspection of record
2 If record consists of visual images (This includes photographs, slides, video recordings, computer-generated images, sketches, etc.):
View the images
Copy the images*
Transcription of the images*
3 If record consists of recorded words or information which can be reproduced in sound:
Listen to the soundtrack (audio cassette)
Transcription of soundtrack*
(written or printed document)
4 If record is held on computer or in an electronic or machine-readable from:
Printed copy of record*
Printed copy of information derived from the record*
Copy in computer readable from*
(memory stick or compact disc)
* If you requested a copy or transcription of a record (above), do you with the copy or transaction to be posted to you?
A postal fee is payable
G Particulars of right to be exercised or protected
If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1 Indicate which right is to be exercised or protected:
2 Explain why the record requested is required for the exercise or protection of the aforementioned right:
H Notice of decision regarding request for access
You will be notified in writing whether your request has been approved / denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.
How would you prefer to be informed of the decision regarding your request for access to the record?
Signed at __________________________ this _____ day of ___________________ 20___
SIGNATURE OF REQUESTER/
PERSON ON WHOSE BEHALF REQUEST IS MADE