MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 AND THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013
FOR LEPAS INTERNATIONAL PROPRIETARY LIMITED (REGISTRATION NUMBER 2021/355670/07)
1.1. This manual is published according to sections 14 and 51 of the Promotion of Access to Information Act 2 of 2000 ("PAIA"), which was promulgated to nurture an ethos that promotes transparency, accountability and effective governance of all private and public bodies. PAIA gives effect to section 32 of the Constitution of the Republic of South Africa, 1996, which provides for the right of access to information in a manner that affords persons a means/platform to obtain the records of private and public bodies as promptly and as efficiently as reasonably possible to endorse, including but not limited to, mechanisms and procedures that empower and educate all persons.
1.2. PAIA requires organisations to compile a manual to guide requesters of information. The Manual also indicates the types of records held by Chery International Proprietary Limited trading as Lepas South Africa ("Lepas") and the availability of such records from Lepas.
1.3. In addition, the manual explains how to access, or object to, or request correction or deletion of personal information held by Lepas in terms of sections 23, 24 and 25 of the Protection of Personal Information Act 4 of 2013 ("POPIA"), and the Regulations Relating to the Protection of Personal Information, 2017 ("POPIA Regulations").
1.4. This manual is not exhaustive of, nor does it comprehensively deal with, every procedure provided for in PAIA. Requestors are advised to familiarise themselves with the provisions of PAIA and POPIA before making any requests to Lepas in terms of these Acts. However, in terms of section 19 of PAIA and Regulations 2 and 3 of the POPIA, Lepas will provide such assistance as is required in completing the necessary forms by parties applying for access to information or personal information.
1.5. Lepas makes no representation and gives no undertaking or warranty that the information in this manual or any information provided by it to a requestor is complete or accurate or that such information is fit for any purpose. All users of any such information use it entirely at their own risk, and Lepas will not be liable for any loss, expense, liability or claims, however arising, resulting from the use of this manual or any information provided by Lepas or from any error therein.
2.1. Lepas is an automotive manufacturer and wholesaler who imports and retails automotive vehicles and components for onward sale to Dealerships and/or customers.
3.1. The Information Officer of Lepas is Michelle Verwey-Watson, whose contact details are as follows
| Name | Contact details |
|---|---|
| Michelle Verwey-Watson | Telephone no: 010 448 5388 Email: informationofficer@chery.co.za or legal@chery.co.za |
3.2. The contact details for the Head Office of Lepas are as follows –
| Physical address | Head office |
|---|---|
| Ground Floor, Flushing Meadows, The Campus, 57 Sloane Street, Bryanston, Sandton, 2191. | Ground Floor, Flushing Meadows, The Campus, 57 Sloane Street, Bryanston, Sandton, 2191. |
4.1. The Information Regulator has developed a guide on how to use PAIA in fulfilment of its obligation under section 10 of PAIA, which requires the Information Regulator to update and make available the existing guide that the South African Human Rights Commission has compiled.
4.2. The guide has been designed to be a guiding, user-friendly and accessible tool for any person who wishes to exercise any right contemplated in PAIA and POPIA. The guide is available in all of the official languages at https://www.justice.gov.za/inforeg/docs.html.
5.1. At this stage, notices have yet to be published by the Information Regulator on the categories of records automatically available without a person having to request access to it in terms of PAIA.
5.2. The records that are located on the Lepas website are, however, automatically available to any person requesting this information, and it is therefore not necessary to apply for access to it in terms of PAIA. The website address is https://www.lepas-sa.co.za/.
Records are kept per legislation as applies to Lepas, which includes (but may not be limited to) the following legislation –
6.1. Administration of Estates Act 66 of 1965;
6.2. Administrative Adjudication of Road Traffic Offences Act 46 of 1998;
6.3. Basic Conditions of Employment Act 75 of 1997;
6.4. Broad-Based Black Economic Empowerment Act 53 of 2003;
6.5. Companies Act 61 of 1973;
6.6. Compensation for Occupational Injuries and Diseases Act 130 of 1993;
6.7. Consumer Protection Act 68 of 2008;
6.8. Currencies and Exchange Act 9 of 1933;
6.9. Electronic Communications and Transactions Act 25 of 2002;
6.10. Employment Equity Act 55 of 1998;
6.11. Employment Services Act 4 of 2014;
6.12. Financial Intelligence Centre Act 38 of 2001;
6.13. Income Tax Act 58 of 1962;
6.14. Labour Relations Act 66 of 1995;
6.15. Pension Funds Act 24 of 1956;
6.16. Prevention of Combating of Corrupt Activities Act 12 of 2004;
6.17. Prevention of Organised Crime Act 121 of 1998;
6.18. Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000;
6.19. Protection of Personal Information Act 2 of 2000;
6.20. Skills Development Act 9 of 1999;
6.21. Skills Development Levies Act 66 of 1995;
6.22. Unemployment Insurance Act 63 of 2001;
6.23. Unemployment Insurance Act 63 of 2001;
6.24. Unemployment Insurance Contributions Act 4 of 2002;
6.25. Value Added Tax Act 89 of 1991.
Access to the record in terms of the above legislation (or other as designated from time to time) is subject to the classification thereof as set out hereunder.
| Classification Item | Level of Access | Reason for Classification |
|---|---|---|
| 1 | It may be disclosed. | Public Access Document |
| 2 | It may not be disclosed. | Request after commencement of criminal or civil proceedings (Sec 7) |
| 3 | It may be disclosed. | Subject to Copyright |
| 4 | Limited Disclosure. | Personal Information that belongs to the requester of that information (Sec 61) |
| 5 | It may not be disclosed. | Unreasonable disclosure of personal information of a natural person (sec 63(1)) |
| 6 | It may not be disclosed. | Likely harm the commercial or financial interest of a third party (Sec 64(a)(b)) |
| 7 | It may not be disclosed. | Likely to harm the Company or third party in contract or other negotiations (Sec 64(c)) |
| 8 | It may not be disclosed. | Breach of confidence owed to a third party in terms of an Agreement (Sec 65) |
| 9 | It may not be disclosed. | Likely to compromise the safety of individuals protection of property (Sec 66) |
| 10 | It may not be disclosed. | Legally privileged documents (Sec 67) |
| 11 | It may not be refused. | Environmental testing/investigation which reveals public safety/environmental risks (Sec 64(2); Sec 68(2)) |
| 12 | It may not be disclosed. | Commercial Information of a Private Body (Sec 68) |
| 13 | It may not be disclosed. | Likely to prejudice research and development information of Lepas or a third party (Sec 69) |
| 14 | It may not be refused. | A disclosure that is in the public interest (Sec 70) |
| Description of Record/Document | Applicable Legislation |
|---|---|
| Memorandum of Incorporation | Companies Act 71 of 2008 |
| PAIA Manual | Promotion of Access to Information Act 2 of 2000 |
| POPIA Manual | Protection of Personal Information Act 4 of 2013 |
The following table contains a description of the types of records/subjects on which Lepas South Africa holds and the categories of records maintained on each subject –
| Subject | Description of record | Classification Item |
|---|---|---|
| Finance | All or any statutory compliance | 12 |
| Asset registers | 12 | |
| Audited Financial Statements | 12 | |
| Bank statements | 12 | |
| Budgets | 12 | |
| Customer Information and Database | 12 | |
| Documents issued to employees for income tax purposes | 12 | |
| Management accounts | 12 | |
| Orders, quotes and invoices | 6, 7, 12 | |
| Corporate Public Records | 1 | |
| Receipts and payments | 7, 12 | |
| Records of payments made to South African Revenue Services on behalf of employees | 12 | |
| Legal | Contracts | 6, 10, 12 |
| Policies and procedures | 12 | |
| Statutory Records | 10, 12 | |
| Sales, Aftersales, Fleet & Neighbouring Countries Marketing & Brand | Current Product information | 1, 4 |
| Customer Information and database | 12 | |
| Market Information | 12, 13 | |
| Marketing and future product Strategies | 12 | |
| Media Releases | 1 | |
| Owner Manuals | 1 | |
| Performance Records | 12 | |
| Product Brochures | 1 | |
| Product sales record | 1 | |
| Quality records | 12 | |
| Sale Records | 12 | |
| Human Resources | Address lists | 4, 5 |
| Disciplinary code and/or procedures | 12 | |
| Disciplinary records | 4 | |
| Employment contracts | 4, 5 | |
| Internal telephone lists | 12 | |
| Leave records | 4, 5 | |
| Medical aid records | 4, 5 | |
| Pension Fund records | 4, 5 | |
| Personnel documents and records | 4, 5, 9, 10, 12 | |
| Salary records | 4, 5, 10, 12 | |
| Training manuals | 12 | |
| Training records | 12 | |
| Deal Network | Dealer Floor plans and layouts | 12 |
| Dealer Franchise Documents | 12 | |
| Logistics | Logistic Record | 6, 7, 8, 12 |
This list is not all-inclusive and may be updated, amended or reviewed by Lepas from time to time.
10.1. POPIA
10.1.1. Chapter 3 of POPIA provides the minimum conditions for the lawful processing of Personal Information. These conditions may only be derogated from if specific exclusions apply as outlined in POPIA.
10.1.2. Lepas processes personal information per POPIA. In terms of our privacy policy, Lepas will ensure that all processing conditions of POPIA are complied with at the time of processing of personal information. Lepas processes the personal information of both living and juristic persons.
10.2. Purpose for the processing of personal information by Lepas
As stated in our privacy policy, Lepas processes personal information for several reasons including, but not limited to, –
10.2.1. providing requested services;
10.2.2. managing the commercial relationship with you, including –
10.2.2.1. communications with you regarding purchase information;
10.2.2.2. sending you important information regarding changes to our terms and conditions;
10.2.2.3. sending you administrative information;
10.2.2.4. managing complaints; and
10.2.2.5. processing your payments.
10.2.3. manage dispute resolution and other commercial risks;
10.2.4. create and manage supplier relationships;
10.2.5. manage contracts, orders, deliveries, invoices and accounting;
10.2.6. sending quotation estimates;
10.2.7. collect statistical information and run analytics to improve services and understand customers better;
10.2.8. general human resource and finance functions, including those obligations imposed by legislation;
10.2.9. sending marketing communications and managing a list of customers who wish not to receive marketing material; and
10.2.10. to allow proper functioning of the website, which includes, amongst others, proper display of content, interface personalisation and ensuring that the website is safe and secure to protect against misuse.
11.1. To request a record in terms of PAIA, the requestor must complete the prescribed form attached to this manual as Annexure A. This request must be sent to the Information Officer at the above addresses.
11.2. For POPIA-related requests to object to the processing of personal information, correct or delete personal information, the request must be made in writing on the applicable prescribed Form 1 (objection) or Form 2 (correction or deletion), attached to this Manual as Annexure B.
11.3. The requestor must provide sufficient detail to enable the Information Officer to identify the record(s) requested. The requestor must indicate which form of access is required, identify the right they are seeking to exercise or protect and explain why the requested record is required for the exercise or protection of that right.
11.4. If the request is made on behalf of another person, the requestor must submit proof of the capacity in which the requestor is making the request to the reasonable satisfaction of the Information Officer.
11.5. PAIA provides certain grounds upon which a request for access to information must be refused. On this basis, the Information Officer will decide whether to grant a request for access to information.
12.1. PAIA provides for two types of fees, namely –
12.1.1. a request fee, which will be a standard non-refundable administration fee, payable prior to the request being considered; and
12.1.2. an access fee, payable when access is granted, must be calculated by taking into account reproduction costs, search and preparation time and cost, and postal costs.
12.2. After a request is made, the Information Officer shall, by notice, require the requester, excluding the personal requester, to pay the prescribed request fee (if any) before further processing the request.
12.3. If the search for and preparation for disclosure of the record has been made, including an arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, Lepas will request the requester to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted.
12.4. Lepas may withhold a record until the requester has paid the fees as indicated in Annexure C.
12.5. A requester whose request has been granted must pay the applicable access fee for reproduction, search, preparation and for any time reasonably required over the prescribed hours to search for and prepare the record for disclosure, including making arrangements to make it available in the request form.
12.6. In terms of POPIA, a data subject has the right to request Lepas to confirm, free of charge, whether or it holds personal information about the data subject and request from Lepas the record or a description of the personal information held, including information about the identity of all third parties, or categories of third parties, who have, or have had, access to the information.
12.7. POPIA further provides that where the data subject is required to pay a fee for services provided to them, Lepas must provide the data subject with a written estimate of the payable amount before providing the service and may require that the requestor pay a deposit for all or part of the fee.
13.1. Lepas will inform the requester within 30 days after receipt of the request of its decision on whether or not to grant the request.
13.2. The 30 days may be extended by a further period of not more than 30 days if the request is for a large number of records or requires a search through a large number of records and compliance with the original period would unreasonably interfere with the activities of Lepas or the records are not located at Lepas.
Should the request be refused, the notice will state adequate reasons for the refusal, including the provisions of the PAIA relied upon, and that the requester may lodge an application with a Court against the refusal of the request.
15.1. In terms of Section 62 to 69 of PAIA, access granted to a record may be refused on one or more of the following grounds –
15.1.1. protection of privacy to a third party who is a natural person;
15.1.2. protection of the commercial information of a third party;
15.1.3. protection of certain confidential information of a third person;
15.1.4. protection of the safety of individuals and the protection of property;
15.1.5. protection of records privileged from production and legal proceedings;
15.1.6. the commercial information of Lepas;
15.1.7. the protection of research information of a third party.
15.2. Despite any provisions of PAIA, a request must be granted if the disclosure of the record would reveal evidence of substantial contravention of, or failure to comply with, the law or imminent and serious public safety or environment risk, and the public interest in the disclosure of the record clearly outweighs the harm contemplated (section 70 of PAIA).
Should the requester be dissatisfied with the Information Officer's decision to refuse access, that person may apply to a Court for the appropriate relief within 30 days after notification of the refusal.
This manual is available in electronic and hard copies in English. The hard copies are available at the head office of Lepas. The electronic version of this manual is available on the website of Lepas.
This manual will be reviewed and updated, if necessary, periodically or as determined by the Information Officer.
This document is a copy of the original document published here