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NISSAN PAIA MANUAL

  • INTRODUCTION
  • INFORMATION OFFICERS AND CONTACT DETAILS
  • THE ACT
  • SOUTH AFRICAN HUMAN RIGHTS COMMISSION (“SAHRC”) GUIDE ON PAIA AND POPI
  • RECORDS
  • OTHER APPLICABLE LEGISLATION
  • COMPANY RECORDS CLASSIFICATION KEY
  • SUMMARY: RECORDS AVAILABILITY
  • PROCESSING OF PERSONAL INFORMATION
  • FORM OF REQUEST
  • PRESCRIBED FEES

NISSAN SOUTH AFRICA PROPRIETARY LIMITED AND NISSAN MOTOR COMPANY SOUTH AFRICA PROPRIETARY LIMITED MANUAL IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000.


1. INTRODUCTION

This information manual ( “Manual”) is published in terms of Section 14 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”). The PAIA gives effect to the provisions of Section 32 of the Constitution which provides for the right of access to information held by the State or Private Body and to information held by another person that is required for the exercise and/or protection of any right.

The purpose of the PAIA is to foster a culture of transparency and accountability in both the public and private sectors by affording any person the right of access to information to enable them to exercise and protect all of their rights to the full extent required.

This Manual has been prepared in respect of the Nissan South Africa Group of Companies, which include the following entities:-

(i) Nissan Motor Company South Africa Proprietary Limited (Registration Number 1974/002883/07); and

(ii)Nissan South Africa Proprietary Limited (Registration Number 1963/007428/07), which includes Datsun, a division of Nissan South Africa Proprietary Limited, (hereinafter collectively referred to as “Company”).

The Company conducts business as a manufacturer, importer and exporter of motor vehicles and components. The purpose of this Manual is to set out the procedures to be followed and criteria that have to be met for anyone (“requester”) to request access to records and personal information in the possession or under the control of the Company. In addition, this Manual explains how to access, request a correction or deletion of, or to object to personal information held by the Company, in terms of sections 23 and 24 of the Protection of Personal Information Act, 4 of 2013 (“POPI”).

Any requests made under this Manual shall be made in accordance with the prescribed procedures and at the rates provided, as further set out under clauses 10 and 11 of this Manual.

 


2. INFORMATION OFFICERS AND CONTACT DETAILS

2.1 In terms of the PAIA, the Chief Executive Officer or equivalent officer of a private body is automatically designated as Chief Information Officer. The Company’s Chief Executive's details are as follows

Company: Nissan South Africa Proprietary Limited

Country Director: Mr Kabelo Rabotho

Postal Address: P.O. Box 911-010, Rosslyn, 0200

Street Address: Ernest Oppenheimer Street, Rosslyn, 0200

Telephone number: +27 12 529-6000 

2.2 Requesters are required to address all requests to the relevant Information Officer, at the contact details listed below.

Requests may be directed to:

Company: Nissan South Africa Proprietary Limited 

Information Officer: Mr Wonga Mesatywa

Postal Address: P.O. Box 911-010, Rosslyn, 0200

Street Address: Ernest Oppenheimer Street, Rosslyn, 0200

Telephone number: +27 12 529-6632

Electronic mail address: wongam@nissan.co.za

 


3. THE ACT

3.1 PAIA grants a requester access to records of the Company, if the record 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.

3.2 Requests in terms of PAIA shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 7 and 8.


4. SOUTH AFRICAN HUMAN RIGHTS COMMISSION (“SAHRC”) GUIDE ON PAIA AND POPI

A guide to the PAIA and the rights of requesters is available from the SAHRC or from their website: www.sahrc.org.za.  Should you have any queries in this regard, please contact the SAHRC directly at:

The South African Human Rights Commission:  PAIA Unit

The Research and Documentation Department

Private Bag 2700 

Houghton

2041

Telephone: +27 11 484-8300

Fax: +27 11 484-05820

Website: www.sahrc.org.za 

E-mail: paia@sahrc.org.za

A guide to POPI can be obtained from and queries can be direct to the Information Regulator, who can be contacted directly at:

33 Hoofd Street Forum III, 3rd Floor Braampark 

P.O Box 31533  

Braamfontein, Johannesburg, 2017

Website: www.justice.gov.za/inforeg

E-mail: inforeg@justice.gov.za

complaints.IR@justice.gov.za 


5. RECORDS

A. AUTOMATICALLY AVAILABLE FOR FREE

No notice has been published in terms of section 52 of the PAIA.  However, the following records are available at the registered office of the Company. 

No.

Description

1

Documentation and information relating to the Company which is held by the Registrar of Companies

2

Product and Promotional Brochures

3

News and other Marketing Information

4

Information is also available on the Nissan South Africa website: www.nissan.co.za

Access to these records will be granted to requesters in respect of a request for access to records, subject to the provisions of the Promotion of Access to Information Act, 2000.

B. RECORDS AUTOMATICALLY AVAILABLE SUBJECT TO PAYMENT OF PRESCRIBED FEE

No.

Description

1

All documents relating to the incorporation of the Company that are retained by the Corporate Centre

2

Laws, regulations and by laws that govern the functioning and conduct of the Company

3

Details of auditors of the Corporate Centre

4

Details of actuaries of the pension scheme and the medical aid fund utilised by the Company

5

Rules of benefit, and medical schemes and funds

6

Newsletters

Requesters will be advised of prescribed fees on receipt of a request for access to records. Access to these records will be granted to requesters in respect of a request for access to records, subject to the provisions of the Promotion of Access to Information Act, 2000.


6. OTHER APPLICABLE LEGISLATION

Records are kept in accordance with such other legislation as applicable to the Nissan South Africa Group, which includes, but is not limited to:

Pension Fund Act 24 of 1956

Companies Act 71 of 2008

Income Tax Act 58 of 1962

Unemployment Insurance Act 63 of 2001

Value-Added Tax Act 89 of 1991

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Occupational Health and Safety Act 85 of 1993

Labour Relations Act 66 of 1995

Basic Conditions of Employment Act 75 of 1997

Employment Equity Act 55 of 1998

Skills Development Levies Act 9 of 1999

Customs and Excise Act 91 of 1954

Machinery and Occupational Safety Act 6 of 1993

Transfer Duty Act 40 of 1949

Prevention of Organized Crime Act 121 of 1998

Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002

Long Term Insurance Act 52 of 1998

Tax on Retirement Fund Act 38 of 1996

Financial Services Board Act 97 of 1990

The Friendly Societies Act 25 of 1956

The Financial Institutions (Protection of Funds) Act 28 of 2001

Financial Markets Control Act 59 of 1989

Securities Exchanges Control Act 1 of 1985

Estate Duty Act 45 of 1955

Consumer Protection Act 68 of 2008


7. COMPANY RECORDS CLASSIFICATION KEY

Classification No.

Access

Classification

1

May be Disclosed

Public Access Document

2

May not be Disclosed

Request after commencement of criminal or civil proceedings [s7]

3

May be Disclosed

Subject to copyright

4

Limited Disclosure

Personal Information that belongs to the requester of that information [s61]

5

May not be Disclosed

Unreasonable disclosure of personal information of Natural person [s63(1)]

6

May not be Disclosed

Likely to harm the commercial or financial interests of third party [s64(a)(b)]

7

May not be Disclosed

Likely to harm the Company or third party in contract or other negotiations [s64(c)]

8

May not be Disclosed

Would breach a duty of confidence owed to a third party in terms of an Agreement [s65]

9

May not be Disclosed

Likely to compromise the safety of individuals or protection of property [s66]

10

May not be Disclosed

Legally privileged document [s67]

11

May not be Refused

Environmental testing / investigation which reveals public safety / environmental risks [s64(2); s68(2)]

12

May not be Disclosed

Commercial information of Private Body [s68]

13

May not be Disclosed

Likely to prejudice research and development information of the Company or a third party [s69]

14

May not be Refused

Disclosure in public interest [s70]


8. SUMMARY: RECORDS AVAILABILITY

Departmental Records

Subject

Classification No.

Communications/Public

Affairs Division

Product Information

1

 

Public Corporate Records

1

 

Media Releases

1

 

Environmental Policy

1

Environmental Division

Environmental Records

11, 14

 

Staff Records

4, 5, 9

Human Resources Division

Employment Contracts

4, 5

 

Policies and Procedures

3, 4, 12

 

Health & Safety records

4, 5, 8

 

Audited Financial Statements

12

Financial Department

Tax Records (Company &

 Employees)

12

 

Motor Industry Development

 Programme Records

12

 

Asset Register

12

 

Management Accounts

12

 

General Contract Documentation

6, 8, 12

Communications/Public

Affairs Division

Product Information

1

Group Legal Services

Trade Marks

1

 

Statutory Records

12

 

Market Information

12, 13

Marketing Department

Customer Information:

 

 

Product Brochures

1

 

General Owner Manuals

1

 

Field Records

4, 12

 

Performance Records

12

 

Product Sales Records

12

 

Marketing Strategies

12

 

Customer Database

12

 

Dealer Franchise Documents

6, 7, 8, 12, 13

 

Production Records

12

Production / Logistics

Vehicle and Components

 Specifications

3, 12, 13

Production Engineering

Engineering Records

3, 12, 13

Quality

Quality Records

12


9. PROCESSING OF PERSONAL INFORMATION

The Company values your personal information and privacy which is why we have compiled a comprehensive Privacy Statement that explains how and why we collect, process, retain and sometimes disseminate your personal information. We collect your personal information through our interactions with you whether it be in person, online or via other means such as third parties where legally permissible. Our commitment to you is that we will handle your personal information in a manner that is legally compliant and respectful of your rights and interests. Any personal information collected by us will be used in accordance with the provisions of the Privacy Statement and to enhance our operations and relationship with you so that we may continue to provide excellent service and products.

Please click on the link to access our Privacy Statement https://www.nissan.co.za/privacy-statement.html


10. FORM OF REQUEST

To facilitate the processing of your request, kindly:

Use the prescribed form, available on the websites of the Department of Justice and Constitutional Development, at www.doj.gov.za or the South African Human Rights Commission at www.sahrc.org.za.

Address your request to the Information Officer and Group Legal Services.

Provide sufficient details to enable the Company to identify:

(a) the record(s) requested;

(b) the requester (and if an agent is lodging the request, proof of capacity);

(c) the form of access required;

(d) the postal address or fax number of the requester in the Republic;

(e) if the requester wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof; and

(f) the right which reliance is placed.


11. PRESCRIBED FEES

The following applies to requests (other than personal requests):

11.1 A requestor is required to pay the prescribed fee of R50.00 (fifty Rand) before a request will be processed.

11.2 If the preparation of the record requested requires more than the prescribed 6 (six) hours, a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted).

11.3 A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit. 

11.4 Records may be withheld until the fees have been paid.

11.5 The Fee Structure is available on the websites of the Department of Justice and Constitutional Development, at www.doj.gov.za or the South African Human Rights Commission at www.sahrc.org.za.

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