MAXI LISTING (PTY) LTD – Reg No: 2022 / 245100 / 07

PAIA Manual

Prepared in terms of section 51 of the Promotion of Access to Information Act 2 of2000 (as amended)

1. LIST OF ACRONYMS AND ABBREVIATIONS

1.1     “CEO”              Chief Executive Officer

1.2     “DIO”               Deputy Information Officer;

1.3     “IO“                Information Officer;

1.4     “Minister”           Minister of Justice and Correctional Services;

1.5     “PAIA”              Promotion of Access to Information Act No. 2 of 2000( as Amended;

1.6     “POPIA”             Protection of personal information Act No.4 of 2013;

1.7     “Regulator”          Information Regulator; and

1.8     “Republic”           Republic of South Africa

 

2. PURPOSE OF PAIA MANUAL

This PAIA Manual is beneficial for the public to:

2.1     check the categories of records held by a body which are available without a person having to submit a formal PAIA request;

2.2     have a sufficient understanding of how to request access to a record of the body by providing a description of the subjects on which the body holds records and the categories of records held on each subject;

2.3     know the description of the records of the body which are available in accordance with any other legislation;

2.4     access all the relevant contact details of the Information Officer and Deputy Information Officer who will assist the public with the records they intend to access;

2.5     know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;

2.6     know if the body will process personal information, the purpose of the processing of personal information and the description of the categories of data subjects and the information categories of information relating thereto;

2.7     know the description of the categories of data subjects and of the information or categories of information relating thereto;

2.8     know the recipients or categories of recipients to whom the personal information may be supplied;

2.9     know if the body has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and

2.10   know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.

3. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF MAXI LISTING(PTY) LTD

3.1.    Chief Information Officer

Name:               Jacoba Magrietha Steynberg (Koti)

Tel:                 083284 3575

E-mail:               koti@mweb.co.za

3.2.    Deputy Information OfficerN/a

3.3     Access to information general contacts e-mail: koti@mweb.co.za

3.4     Head Office

Postal Address:        PO BOX 159 BRACKENFEL WESTERN CAPE 7561

Physical Address:      18 YSTERHOUTSTREET

VREDEKLOOF BRACKENFELL WESTERN CAPE7560

Telephone:           083 284 3575

E-mail:               koti@mweb.co.za

Website:             http://maxilisting.co.za/

 

4. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE

4.1.    The Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available the revised guide on how to use PAIA (“Guide”), in an easily understandable form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA.

4.2.    The Guide is available in each of the official languages and in braille.

4.3.    The Guide described above contains the description of-

4.3.1.           the objects of PAIA and POPIA;

4.3.2.          the postal and street address, phone and fax number and, if available, electronic mail address of -

4.3.2.1.         the Information Officer of every public body, and

4.3.2.2.         every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA1 and section 56 of POPIA2;

4.3.3.          the manner and form of request for-

4.3.3.1.         access to a record of a public body contemplated in section 113; and

4.3.3.2.         access to a record of a private body contemplated in section 504;

4.3.4.       the assistance available from the IO of a public body in terms of PAIA andPOPIA;

4.3.5.       the assistance available from the Regulator in terms of PAIA andPOPIA;

4.3.6.       all remedies in law available regarding act or failure to act in respect of a right or duty conferred or imposed by PAIA andPOPIA, including the manner of lodging-

4.3.6.1.         an internal appeal;

4.3.6.2.         a complaint to the Regulator; and

4.3.6.3.         an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;

4.3.7.       the provisions of sections145 and 516 requiring a public body and private body, respectively, to compile a manual and how to obtain access to a manual;

4.3.8.       the provisions of sections157 and 528 providing for the voluntary disclosure of categories of records by a public body and private body, respectively;

4.3.9.       the notices issued in terms of sections 229 and 5410 regarding fees to be paid in relation to requests for access; and

4.3.10.    the regulations made in terms of section 9211.

1 Section 17(1) of PAIA- For the purposes of PAIA, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate a such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records.

2 Section56(a) of POPIA- Each public and private body must make provision, in the manner prescribed in section 17 of the Promotion of Access to Information Act, with the necessary changes, for the designation of such a number of persons, if any, as deputy information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA.

3 Section 11(1) of PAIA- A requester must be given access to a record of a public body if that requester complies with all the procedural requirements in PAIA relating to a request for access to that record; and access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

4 Section 50(1) of PAIA- A requester must be given access to any record of a private body if-

a)       that record is required for the exercise and protection of any rights;

b)       that person complies with the procedural requirements in PAIA relating to a request for access to that record; and

c)       access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

5 Section 14(1) of PAIA- The information officer of a public body must, in at least three official languages, make available a manual containing the information listed in paragraph 4 above.

6 Section 51(1) of PAIA- The head of a private body must make available a manual containing the description of the information listed in paragraph4 above.

7 Section 15(1) of PAIA- The information officer of a public body must make available in the prescribed manner a description of the categories of records of the public body that are automatically available without a person having to request access

8 Section 52(1) of PAIA- The head of a private body may, on a voluntary basis, make available in the prescribed manner a description of the categories of records of the private body that are automatically available without a person having to request access

9 Section 22(1) of PAIA-The information officer of a public body to whom a request for access is made must, by notice, require the requester to pay the prescribed request fee (if any) before further processing the request.

10Section 54(1) of PAIA- The head of a private body to whom a request for access is made must, by notice, require the requester to pay the prescribed request fee (if any) before further processing the request.

11 Section 92(1) of PAIA provides that –“The Minister may, by notice in the Gazette, make regulations regarding:

4.4.    Members of the public can inspect or make copies of the guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours.

4.5.    The Guide can also be obtained-

4.5.1.        upon request to the Information Officer;

4.5.2.       from the website of the Regulator (https://www.justice.gov.za/inforeg/).

4.6    A copy of the guide is also available in the following two official languages for public inspection during normal office hours-

4.6.1     ENGLISH

4.6.2     AFRIKAANS

5. CATEGORIES OF RECORDS OF MAXI LISTING(PTY) LTD WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS

Table of records

6. DESCRIPTION OF THE RECORDS OF MAXI LISTING (PTY) LTD, WHICH ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION

Table of records


(a)   any matter which is required permitted by this act to be prescribed;

(b)   any matter relating to the fees contemplated in sections 22 and 54;

(c)   any notice required by this act;

(d)   uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to be made available in terms of section15; and

(e)   any administrative or procedural matter necessary to give effect to the provisions of this act.”

7. DESCRIPTION OF THE SUBJECTS ON WHICH THE BODY HOLDS RECORDS AND CATEGORIES OF RECORDS HELD ON EACH SUBJECT BY MAXI LISTING (PTY) LTD

Table of records


8. PROCESSING OF PERSONAL INFORMATION

8.1     Purpose of Processing personal information

We only collect the minimum amount of information that is relevant to the purpose. If you interact with us on the internet, the personal information we collect depends on whether you just visit our website or require our services. If you visit our website, your browser transmits some data automatically, such as your browsing times, the data transmitted and your IP address.

If you use our Maxi Listing Group service, personal information is required to fulfil the requirements of that service for the period of the mandate.

We usually collect only the name and contact details, birthdays and FFC numbers of the Property Practitioners that is part of the Maxi Group.

8.2     Description of the categories of Data Subjects and of the information or categories of information relating thereto
Table of records


8.3     The recipients or categories of recipients to whom the personal information may be supplied
Table of records


8.4     Planned trans border flows of personal information

Some personal information may be stored in the cloud outside the Republic. On One Drive.

8.5     General description of Information Security Measures to be implemented by the responsible party to ensure confidentiality, integrity and availability of the information

We restrict, secure, and control all our information against unauthorised access, interference, modification, damage, loss, or destruction, whether physical or electronic.

We will do a safety and security risk assessment from time to time to ensure we keep up with the requirements.

I am the only staff member and present training to be compliant with POPI Act on an ongoing basis.

We do everything we can to prevent personal information from falling into unauthorised hands.

My business premises, where records are kept, must remain protected by access control.

My laptop, phones and computer network are protected by passwords which I change on a regular

basis.

I am using Outlook 365, which complies with industry-standard security safeguards and meets the General Data Protection Regulation (GDPR), which is standard in the European Union. I have firewalls and use Kaspersky Internet Security.

I am a small business working on my own. Personal information can only be accessed or modified by me.

If there were a data breach, I would determine the source, neutralize it and prevent the re-occurrence of such a data breach.

When I make use of an external operator, I will, in terms of a written contract between my business and the operator, ensure that the operator establishes and maintains the required security measures.

The operator must advise immediately if there is the possibility that personal data has been accessed or acquired by any unauthorized person.

The Data Subject will be advised via e-mail or in writing immediately if it is suspected that their personal information has been accessed by unauthorized persons. Sufficient information will be provided to allow the data subjects to put measures in place to safeguard themselves against potential consequences of the security compromise. The Information Regulator will be informed in the event of a security breach where personal information could be compromised. It is my duty to ensure this process is followed.


9. AVAILABILITY OF THE MANUAL

9.1     A copy of the Manuals available -

9.1.1        on http://maxilisting.co.za/

9.1.2        head office of the Maxi Listing(Pty) LTD for public inspection during normal business hours;

9.1.3        to any person upon request and upon the payment of a reasonable prescribed fee; and

9.1.4        to the Information Regulatorupon request.

9.2     A fee for a copy of the Manual, as contemplated in annexure B of the Regulations, shall be paid per each A4-size photocopy made.

10. UPDATING OF THE MANUAL

I, as the only director of Maxi Listing (Pty) LTD, will, on a regular basis, update this Manual.