SUMMARY OF PAIA MANUAL
PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Royale Energy is the holding company of a group of companies in which it has a direct or indirect interest (collectively the companies):
- Royale Energy (Pty) Ltd
- Royale Gas (Pty) Ltd
- Royale Terminals (Pty) Ltd
- Royale Energy Olifantsfontein (Pty) Ltd
- Gearmax (Pty) Ltd
- ProX Projects (Pty) Ltd
- Viva Oil (Pty) Ltd
- Freightcor Logistic Solutions (Pty) Ltd
1. THE ACT
The Promotion of Access to Information Act, 2000 (“PAIA”) gives effect to section 32 of the Constitution, which provides that everyone has the right to access information held by the State, as well as information held by another person (or private body) when such privately held information is required to exercise a right or to protect a right.
PAIA provides that a person requesting information must be given access to any record of a private body, if that record is required for the exercise or the protection of a right. However, such request must comply with the procedural requirements laid down by the Act, failing which the information may not be released.
2. COMPANY INFORMATION & CONTACT DETAILS OF THE INFORMATION OFFICER
The Royale Energy Group is 100% black-owned, with a level 3 B-BBEE accreditation. It is also a DOE licensed petroleum wholesaler that has supply agreements with Sasol, Engen, Astron Energy, BP and others.
The Royale Group CFO has been duly appointed as Information Officer by the Chief Executive Officer, to act as the person to whom requests for access to information must be made in terms of the Act.
The manual has been provided to the South African Human Rights Commission at the address set out below.
|Name of Company:||Royale Energy Group (Pty) Ltd|
|Head of Company:||Stephan Nothnagel (CEO)|
|Information Officer:||Henk de Jager (CFO)|
Postnet Suite 38
Private Bag X3
Royale Energy (Pty) Ltd
Unit A, 1st Floor
1003 Corobay Corner Building
+27 12 361 0110
3. THE GUIDE
The PAIA guide is available in all official South African languages at no cost, and any person may request a copy of the guide. A copy of the guide may be obtained by contacting the South African Human Rights Commission at:
The South African Human Rights Commission
PAIA Unit – The Research and Documentation Department
Private Bag X2700
Telephone: +27 11 877 3600
Facsimile: +27 11 403 0625
4. APPLICABLE LEGISLATION
Where applicable to the Royale Energy Group’s operations, information is available in accordance with the following legislation, including but not limited to:
- Arbitration Act 42 of 1965
- Basic Conditions of Employment Act 75 of 1997
- Broad Based Black Economic Empowerment Act 53 of 2003
- Companies Act 71 of 2008 (As amended)
- Copyright Act 98 of 1978
- Compensation for Occupational Injuries and Diseases Act 130 of 1993
- Consumer Protection Act 68 of 2008
- Debt Collectors Act 114 of 1998
- Employment Equity Act 55 of 1998
- Income Tax Act 95 of 1967
- Intellectual Property Laws Amendment Act 38 of Labour Relations Act 66 of 1995
- Promotion of Access of Information Act 2 of 2000
- Unemployment Insurance Act 30 of 1996
- Value Added Tax Act 89 of 1991
5. ACCESS TO RECORDS
The inclusion of any subject or category of records should not be taken as an indication that records falling within those subjects and/or categories will be made available under the Act. Certain grounds of refusal as set out in the Act may be applicable to a request for such records.
Statutory Company Information:
- The Memorandum and Articles of Association;
- Memorandum of Incorporation;
- Certificate of Incorporation;
- Records of all subsidiary companies ;
- The shares register;
- Shareholders’ agreements;
- Minutes of general meetings of the shareholders;
- Minutes of the board of directors and general meeting;
- Register or list of directors;
- Minute books and internal resolutions;
- Power of attorney agreements and a list of persons authorised to bind Royale;
- Statutory registers of Royale;
- Other Statutory records.
Financial and Tax Records:
- Accounting records, books, and documents;
- Interim and annual financial reports;
- Details of auditors;
- External auditors’ reports in respect of audits conducted;
- Details of actuaries of the pension scheme utilised;
- Tax returns;
- Asset Register;
- PAYE and UIF records;
- Workmen compensation records;
- Income tax documents applicable;
- Record of payments to SARS on behalf of employees;
- Skills Development Levies;
- Other documents and agreements relating to taxation;
- All statutory compliances.
- Bank facilities and account details;
- Bank statements;
Human Resources / Employment Records:
- Policies and procedures;
- Contracts of employment;
- Disciplinary records and documentation pertaining to disciplinary proceedings.
- Internal evaluations record;
- Salary and leave records;
- Documents relating to employee benefits;
- Compensation or redundancy payments;
- Personnel files’
- Employee code of conduct;
- Employment equity plan;
- Procedural agreements and policies;
- Training manuals;
- Other information relating to employees;
- Confidentiality agreements;
- Trademarks, patents, copyrights, designs;
- Licences relating to intellectual property rights;
- Other agreements relating to intellectual property rights;
- Licences, material permits, consents, approvals, authorisations, and certificates;
- Applications for permits and licences;
- Registrations and declarations of permits;
- Insurance Records:
- Insurance policies;
- Claims records.
- Immovable and Movable Property:
- Title deeds of land owned;
- Agreements for the lease or sale of land and/or other immovable property;
- Agreements for the lease or sale of movable property;
- Mortgage bonds, liens, notarial bonds, or security interests on property;
- Other agreements for the purchase, ordinary sale, conditional sale, or hire of assets.
- Computer software support and maintenance agreements;
- Web site development, support, and maintenance agreements;
- Computer software licence agreements;
- Agreements in respect of computer hardware used;
- Agreements with Internet Service Providers, and other telecommunications entities;
- Leased line agreements;
- Other documentation pertaining to computer systems and computer programs;
- Individual contracts in respect of usage of cellular telephones;
- SITA agreements;
Specific Agreements Relating to the Business Activities:
- Indemnity, confidentiality, and non-disclosure agreements;
- Regulatory agreements;
- Agreements relating to transactions;
- Presentations to clients;
- Research information.
- Corporate governance;
- Ethics policy;
- Environmental policy.
Miscellaneous agreements (WHERE APPLICABLE):
- Loans from third parties (including banks);
- Loans to third parties;
- Suretyship agreements;
- Agreements restricting the trading activities;
- Agency, management, and distribution agreements;
- Royalty agreements;
- Agreements in terms of which Royale is a member of a joint venture, consortium, partnership, incorporated or unincorporated association, and shareholders’ agreements of another entity which Royale is a party to;
- Any other agreements.
- Correspondence, including internal and external memoranda.
Overseas Interests and Investments:
- Agreements with foreign entities.
Records pertaining to clients:
- Agreements with clients;
- Service Level Agreements;
- Business strategies;
- Creative (artwork);
- Signed Cost Estimates;
- Contact lists;
- Brand/Corporate Identity documents;
- Contact/Status Reports;
- Agenda’s and minutes of meetings;
- Marketing plans;
- Sales results;
- Dealer letters/sheets;
- Client briefs;
- Client access card lists;
- Media schedules/chase lists;
- Client E-mails;
- Birthday lists;
- Client’s supplier lists;
- Sponsorship plans;
- Image library;
- Lists of Purchase Order numbers;
- Legal clauses;
- Sponsorship sports library.
1.2. THE REQUEST PROCEDURE AND FEES
- The requester must use the prescribed form (Annexure A) to make the request for access to a record. This must be made to the Information Officer of Royale (refer to Clause 2). This request must be made to the address or electronic mail address of the Information Officer of Royale.
- The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
- The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation as to why the requested record is required for the exercise or protection of that right.
- If a request is made on behalf of a person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer.
- The Information Officer must notify the requester (other than a personal requester) by notice, requiring the requester to pay the fee of R50 before further processing the request. A personal requester does not pay such fee.
- The requester may lodge an internal appeal or an application to the court against the tender or payment of the request fee.
- The Information Officer will then decide on the request and notify the requester in the required form.
- If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that had exceeded the prescribed hours to search and prepare the record for disclosure.
6. AVAILABILITY OF THE MANUAL
The manual is available for inspection at the offices of Royale at no cost and on the Royale website – www.royale-energy.co.za.
Copies are also available with the SAHRC.
7. PRESCRIBED FEES
The applicable fees are prescribed in terms of the Regulations promulgated under the Act. There are two types of fees payable (please refer to annexure B):
- Request fee: A non-refundable request fee of R50 (excluding VAT) is payable on submission of any request for access to any record. This does not apply if the request is for personal records of the person requesting – in this instance no fee is payable.
- Access fee: An access fee is payable prior to being granted access to the records in the form required. These fees are prescribed in Part III of Annexure A as defined in Government gazette Notice No. 187, Regulation 11.
8. GROUNDS FOR REFUSAL TO ACCESS RECORDS
The Promotion of Access to Information Act provides several grounds on which a request for access to information must be refused. These grounds mainly concern instances where the privacy and interests of other individuals are protected, where such records are already otherwise publicly available, where public interests are not served, the mandatory protection of commercial information of a third party, and the mandatory protection of certain confidential information of a third party. A complete list of the grounds for refusal is available in Chapter 4 of the Act.
9. PROTECTION OF PERSONAL INFORMATION ACT (POPIA)
Categories of data subjects:
- Board members
- Complainants & enquirers
- Employers and employees of other organisations
- Subsidiary companies
- External companies / contractors
- Suppliers and service providers
- Individuals captured by CCTV images / video
- All clients;
Types / classes of information processed:
- Personal details
- Lifestyle and social circumstances
- Business activities
- Goods / services provided
- Personal views / preferences
- Family details
- Education & employment details
- Visual images of individuals captured on CCTV
- Financial details
Types / classes of special information processed:
- Racial / ethnic origin
- Trade union membership
- Offences / alleged offences
- Religious or other beliefs
- Physical / mental health details
- Criminal proceedings, outcomes & sentences
Who the information may be shared with:
We sometimes need to share the personal information we process with the individual themselves and/or with other organisations. Where this is necessary, we are required to comply with all aspects of the POPIA. What follows is a description of the types of organisations we may need to share some of the personal information we process with for one or more reasons. Where necessary or required we share information with:
- Family, associates, and representatives of the person whose personal information we are processing
- Employment and recruitment agencies
- Financial organisations
- Credit reference agencies
- Healthcare, social and welfare organisations
- Healthcare professionals
- Central government
- Police / courts where necessary
- Business associates
- Claimants / beneficiaries
- Persons making an enquiry / complaint
- Private investigators
- Educators and examining bodies
- Claims investigators
- Suppliers and service providers
- Industry bodies
- Ombudsman and regulatory authorities
- Debt collection and tracing agencies
- Other companies in the Royale group
- Pension fund administrators
- Trade unions
- Security organisations
Trans-border / Cross border flows of personal information:
Royale may from time to time need to share personal information of data subjects with third parties in other countries. We are required to ensure that when we need to do this, we comply with the POPIA. This will only be done if one of the following requirements are met:
- the third party who is the recipient of the information is subject to a law, binding corporate rules or binding agreement which provide an adequate level of protection that—
- effectively upholds principles for reasonable processing of the information that are substantially similar to the conditions for the lawful processing of personal information relating to a data subject who is a natural person and, where applicable, a juristic person, as set out in the POPIA; and
- includes provisions, that are substantially similar to this section, relating to the further transfer of personal information from the recipient to third parties who are in a foreign country.
- the data subject consents to the transfer.
- the transfer is necessary for the performance of a contract between the data subject and the company in question, or for the implementation of pre-contractual measures taken in response to the data subject’s request.
- the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the company in question and a third party; or
- the transfer is for the benefit of the data subject, and—
- it is not reasonably practicable to obtain the consent of the data subject to that transfer; and
- if it were reasonably practicable to obtain such consent, the data subject would be likely to give it.
Royale has a comprehensive Data Management Framework in place to comply with POPIA and ensure that the best efforts are employed to ensure the protection of personal information. The Company employs up to date technology to ensure the confidentiality, integrity, and availability of the Personal Information under its care.