NISSAN PAIA MANUAL
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
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.