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MANUAL OF
COMBINED MOTOR HOLDINGS LIMITED
prepared in accordance with
THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000 (“PAIA”)

DEFINITIONS

Acts refers to POPIA and PAIA, collectively

Company means Combined Motor Holdings Limited (Registration number 1965/000270/06)

Conditions for Lawful Processing means the conditions for the lawful processing of Personal Information as fully set out in chapter 3 of POPIA

Constitution means the Constitution of the Republic of South Africa, 1996;

Customer refers to any natural or juristic person that received or receives services from the Group;

Data Subject has the meaning ascribed thereto in section 1 of POPIA

Group means Combined Motor Holdings Limited and its subsidiaries as listed in appendix 1

Information Officer means the natural person registered with the Information Regulator as referred to in clause 4

Manual means this Manual prepared in accordance with section 51 of PAIA and regulation 4(1)(d) of the POPIA regulations

Personal Information has the meaning ascribed thereto in Section 1 of POPIA

Personnel refers to any person who works for, or provides services to or on behalf of the Group, and receives or is entitled to receive remuneration, and any other person who assists in carrying out or conducting the business of the Group, which includes, without limitation, directors (executive and non- executive) all permanent, temporary and part-time staff as well as contract workers

POPIA means the Protection of Personal Information Act, No 4 of 2013, as amended

POPIA regulations mean the regulations promulgated in terms of section 112(2) of POPIA

Private Body has the meaning ascribed thereto in section 1 of both PAIA and POPIA

Processing has the meaning ascribed thereto in section 1 of POPIA

Responsible Party has the meaning ascribed thereto in section 1 of POPIA

Record has the meaning ascribed thereto in section 1 of PAIA and includes Personal Information

Requester has the meaning ascribed thereto in section 1 of PAIA

Request for Access has the meaning ascribed thereto in section 1 of PAIA

  1. INTRODUCTION

    PAIA seeks to give effect to the constitutional right to access information, as contained in section 32 of the Bill of Rights in order to advance the values of transparency and accountability.

    PAIA establishes certain statutory rights of Requesters to access Records of a Private Body if:

    • that Record is required for the exercise or protection of any rights;
    • that Requester complies with all the procedural requirements; and
    • access is not prohibited in terms of any ground referred to in the PAIA.

    POPIA seeks to give effect to the constitutional right to privacy as contained in section 14 of the Bill of Rights, by safeguarding certain Personal Information by regulating the manner in which it may be processed by public and private bodies.

    One of the requirements of PAIA, is the compilation of a Manual that provides information which includes the types and categories of Records held by a Private Body as well information relating to the Processing of Personal Information.

  2. PURPOSE OF THE MANUAL

    The Manual relates to all entities within the Group.

    For the purposes of PAIA it provides reference to the Records held by the Group and details the procedures to be followed by the Requester and the manner in which a Request for Access will be facilitated.

  3. AVAILABILITY OF THE MANUAL

    This Manual is made available in terms of PAIA and section 4 of the Regulations to POPIA. It is available for inspection on the Company’s website at www.cmh.co.za and during normal business hours at the head office of the Company, at 1 Wilton Crescent, Umhlanga Ridge, 4319.

    Hard copies of the Manual can be obtained from the Information Officer. A fee, in accordance with appendix 5, will be levied for copies of the Manual.

  4. THE INFORMATION OFFICER

    The head of the Company and the Group is the Chief Executive Officer as defined in section 1 of PAIA.

    The head has appointed the following natural person as the Group Information Officer, whose contact details are as follows:

    Name Stuart Keith Jackson
    Physical address 1 Wilton Crescent
    Umhlanga Ridge
    4319
    Postal address PO Box 1033
    Umhlanga Rocks
    4320
    Telephone number 031 580 4200
    Email address [email protected]
  5. HUMAN RIGHTS COMMISSION/ INFORMATION REGULATOR GUIDE

    A guide has been compiled in terms of Section 10 of PAIA by the Human Rights Commission. It contains information required by a person wishing to exercise any right contemplated by PAIA. The guide can be obtained from the Human Rights Commission whose contact details are as follows:

    Physical address 3 Braampark Forum 3
    33 Hoofd Street
    Braamfontein
    Postal address Private Bag 2700
    Houghton
    2041
    Telephone number 011 877 3600
    Website address www.sahrc.org.za
  6. RECORDS HELD IN ACCORDANCE WITH OTHER LEGISLATION

    Other legislation provides that Private Bodies shall allow certain persons access to specified Records, upon request. Records are available in terms of the legislation detailed in appendix 2 to this Manual (as amended from time to time).

    Note that the information will only be provided in accordance with the requirements stipulated in the relevant legislation. If a Requester believes that a right to access to a Record exists in terms of the Acts or any of the legislation listed in appendix 2, the Requester is required to indicate what legislative right the request is based on, to allow the Information Officer the opportunity to consider the request in light thereof.

  7. CATEGORIES AND SUBJECT OF RECORDS AVAILABLE IN TERMS OF PAIA

    Appendix 3 details a description of the subjects on which the Group holds Records and the categories of Records held on each subject. Automatic access will be granted to certain of these Records in accordance with PAIA, subject to the restrictions and right of refusal to access provided for in PAIA.

  8. PROCEDURE FOR A REQUEST FOR ACCESS IN TERMS OF PAIA

    Should a Requester wish to access a Record of any of the categories set out in Appendix 3, a Requester must complete the prescribed Request for Access form attached as appendix 4, and submit the completed form as well as payment of a request fee/deposit (if applicable), to the Information Officer at the postal or physical address, or electronic mail address stated in clause 4 above.

    The Request for Access form must be completed with enough detail so as to enable the Information Officer to identify the following:

    • the Record/s requested;
    • the identity of the Requester;
    • the form of access that is required, if the request is granted;
    • the postal address or email address of the Requester;
    • the right that the Requester is seeking to protect; and
    • an explanation as to why the Record is necessary to exercise or protect such a right.

    If, in addition to a written reply, the Requester wishes to be informed of the decision on the request in any other manner, they must state that manner and the necessary particulars to be so informed.

    If a Request for Access is made on behalf of another person, the Requester must submit proof of the capacity in which the Requester is making the request to the reasonable satisfaction of the Information Officer.

    The completed Request for Access, together with a certified copy of the Requester’s identity document, must be addressed to the Information Officer and submitted via the contact details stated in clause 4 as indicated above.

    The Group will voluntarily provide the requested Records to a personal Requester (a person requesting Personal Information about themselves).

  9. FEES

    When the Request for Access is received by the Information Officer, the Information Officer will, by notice, require the Requester, other than a personal Requester, to pay the prescribed request fee (if any), before Processing the Request for Access.

    No fee is payable in respect of requests for access to Personal Information.

    If the Request for Access is successful an access fee may be required for the search, reproduction and/or preparation of the Record(s). This will be calculated based on the prescribed Fees as set out in appendix 5.

    Payment details can be obtained from the Information Officer and can be made in cash or via a direct deposit (no credit card payments are accepted). Proof of payment must be supplied via the contact details stated in clause 4.

    If a fee or deposit has been paid in respect of a Request for Access which is refused, the Information Officer will repay the fee or deposit to the Requester.

  10. DECISION TO GRANT ACCESS TO RECORDS

    The Information Officer will decide whether to grant or decline the Request for Access within 30 days of receipt of the Request for Access and must give notice to the Requester with reasons (if required) to that effect.

    The period may be extended for a further period of not more than 30 days if the Request for Access is for a large number of Records or the Request for Access requires a search for Records held at one or more offices of the Group and the Records cannot reasonably be obtained within the original 30-day period. The Information Officer will notify the Requester in writing should an extension of time as contemplated above be required.

  11. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS IN TERMS OF PAIA

    The grounds for refusal of a Request for Access in terms of PAIA are:

    • mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of Personal Information of that natural person;
    • mandatory protection of the commercial information of a third party, if the Record contains:’
      • trade secrets of that party;
      • financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that party;
      • information disclosed by a third party to the Group if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;
    • mandatory protection of confidential information of third parties if it is protected in terms of any agreement – the provisions of the PAIA to apply in relation to the rights of the relevant third parties;
    • where disclosure of the Records could reasonably be expected to endanger the safety of an individual or the security of property;
    • mandatory protection of Records which could be regarded as privileged in legal proceedings;
    • where the Record contains commercial activities of the Group, which may include:
      • trade secrets; and
      • financial, commercial, scientific or technical information;
    • which, if disclosed, would likely cause harm to the financial or commercial interests of the Group.
  12. INFORMATION OR RECORDS NOT FOUND

    If the Information Officer cannot find the Records requested despite reasonable and diligent efforts and believes that the Records are lost or that the Records are in its possession but unattainable, the Information Officer will notify the Requester of this fact in the form of an affidavit setting out the measures taken to locate the Record and accordingly the inability to locate the Record.

  13. REMEDIES AVAILABLE TO THE REQUESTER UPON REFUSAL OF A REQUEST FOR ACCESS IN TERMS OF PAIA

    The decision made by the Information Officer is the final internal decision. If a Requester is aggrieved by the refusal of the Information Officer to grant a request for a Record, the Requester may, upon notification of the Information Officer’s decision (or upon deemed refusal in terms of Section 58 of the PAIA), lodge a complaint to the Information Regulator as set out in PAIA or apply to court for appropriate relief within the timeframes as prescribed by the PAIA.

APPENDIX 1

Subsidiaries of Combined Motor Holdings Limited included in the scope of this Manual

Registered name Registration number
Ballito Motor Holdings (Proprietary) Limited 2018/548038/07
CMH Green (Proprietary) Limited 2008/018430/07
CMH Car Hire (Proprietary) Limited 1999/025201/07
CMH Car Hire Fleet (Proprietary) Limited 2017/201410/07
CMH Holdings (Proprietary) Limited 2006/030764/07
Datcentre Motors (Proprietary) Limited 1971/000175/07
Kempster Sedgwick (Proprietary) Limited 1926/900691/07
Pipemakers (Proprietary) Limited 1999/023079/07
CMH Management (Proprietary) Limited 2006/018262/07
Mandarin Motors Three (Proprietary) Limited 2007/026270/07
Whitehouse Motors (Proprietary) Limited 1973/013571/07
Mandarin Parts Distributors (Proprietary) Limited 2020/089753/07
MPD Scrapyard (Proprietary) Limited 2015/081666/07

APPENDIX 2

Records held in accordance with other legislation

Records are available in terms of the following legislation, as amended from time to time:

Administration of Adjudication of Road Traffic Offences Act 46 of 1998
Basic Conditions of Employment Act 75 of 1997 (and Amendment Act)
Broad-Based Black Economic Empowerment Act 53 of 2003 (and Amendment Act and Regulations)

Broad-Based Black Economic Empowerment Revised Codes of Good Practice 2014
Companies Act 71 of 2008
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Competition Act 89 of 1998
Consumer Protection Act 68 of 2008
Copyright Act 98 of 1978
Counterfeit Goods Act 37 of 1997
Criminal Procedure Act 51 of 1977
Customs and Excise Amendment Act 32 of 2014
Customs Control Act 31 of 2014
Customs Duty Act 30 of 2014
Electronic Communications and Transactions Act 25 of 2002
Employment Equity Act 55 of 1998
Financial Advisory & Intermediary Services Act 37 of 2002
Financial Intelligence Centre Act 38 of 2001 (and Amendment Act)
Financial Markets Act 19 of 2012
Hazardous Substances Act 15 of 1973
Income Tax Act 58 of 1962
JSE Listings Requirements
King Report IV
Labour Relations Act 66 of 1995 (and Amendment Act)
National Credit Act 34 of 2005
Occupational Health and Safety Act 85 of 1993
Pension Funds Act 24 of 1956
Prescription Act 18 of 1943
Prevention and Combating of Corrupt Activities Act 12 of 2004
Prevention of Organised Crime Act 121 of 1998
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
Protected Disclosures Act 26 of 2000 (and Amendment Bill)
Regulations on Interception of Communications and the Provisions of Communication Related to Information Act 70 of 2002
Second-Hand Goods Act 23 of 1955
Skills Development Act 97 of 1998
Skills Development Levies Act 9 of 1999
The South African National Roads Agency Limited & National Roads Act 7 of 1998
State Tender Board Act 86 of 1999
Tax Administration Act 28 of 2011
Unemployment Insurance Contributions Act 4 of 2002
Value-Added Tax Act 89 of 1991

Whilst all reasonable endeavours have been made to provide a complete list of applicable legislation above, it is possible that the above list may be incomplete. Wherever it comes to the Group’s attention that existing or new legislation allows a Requester access on a basis other than that set out in the PAIA, the above list will be updated.

APPENDIX 3

The information contained in this section is intended to identify the main categories of records held by the Group and to help the Requester to gain a better understanding of the main business activities of the Group. Records to which access will be provided in accordance with the PAIA (subject to the restrictions and right of refusal to access provided for in the PAIA) are available in respect of the following (non­ exhaustive) aspects of the Group’s businesses and operations.

Statutory Records

  • Documents of incorporation
  • Memorandum of Incorporation
  • Records relating to the appointment of directors I auditor/ secretary
  • Public officer and other officers
  • Share register and other statutory registers
  • Share certificates
  • Shareholder agreements

Employment equity and transformation

  • Employment Equity Plan
  • Employment Equity statistics and reports
  • Broad-based black economic empowerment certificate and report

Human Resources

  • Personnel information
  • General terms and conditions of employment
  • Employment contracts
  • Leave Records
  • Medical Aid Records
  • Pension Fund Records
  • Disciplinary Records
  • Salary Records
  • SETA Records
  • Training Records
  • EMP 201 returns

Corporate Governance

  • Code of conduct
  • Minutes of Board meetings
  • Operational policy and procedures Manuals
  • Terms of reference for the Board and its sub-committees
  • Corporate social investment Records
  • Health and safety Records

Financial Records

  • Annual financial statements
  • Integrated annual reports
  • All forms of taxation Records and returns
  • Banking Records and bank statements
  • Asset registers
  • Rental agreements
  • Invoices

APPENDIX 4

REQUEST FOR ACCESS FORM FOR ACCESS TO A RECORD OF PRIVATE BODY

(Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000))

[Regulation 10]

Note:

  • The Request for Access Form must be completed.
  • Proof of identity is required to be attached in order to authenticate the identity of the Requester.
  • Type or print in BLOCK LETTERS an answer to every question.
  • If a question does not apply, state “N/A”.
  • If there is nothing to disclose in reply to a question, state “nil”.
  • When there is insufficient space on a printed form, additional information may be provided on an attached document suitably referenced to the applicable title.

1. PARTICULARS OF PRIVATE BODY

Requests can be submitted either via conventional mail or e-mail and should be addressed to the Information Officer as indicated below:

Information Officer Stuart Jackson
Postal address PO Box 1033, Umhlanga Rock, 3420
Street address CMH head Office, 1 Wilton Crescent, Umhlanga Ridge, 4319
Business phone + 27 (0)31 580 4200
E-mail address [email protected]

2A. PARTICULARS OF REQUESTER (IF AN INDIVIDUAL)

(a) The particulars of the person who requests access to the Record must be given below.
(b) The address, email address and/or fax number in the Republic to which the information is to be sent must be given.
(c) Proof of the capacity in which the request is made, if applicable, must be attached.

Full names and surname
Identity number
Postal address
Telephone number
Email address

___________________________
___________________________
___________________________
___________________________
___________________________

Capacity in which request is made, when made on behalf of another person:
_____________________________________________________________________________

2B. PARTICULARS OF REQUESTER (IF A LEGAL ENTITY)

(a) The particulars of the entity that requests access to the record must be given below.
(b) The address, email address and/or fax number in the Republic to which the information is to be sent must be given.
(c) Proof of the capacity in which the request is made, if applicable, must be attached.

Full names and surname
Identity number
Postal address
Telephone number
Email address

___________________________
___________________________
___________________________
___________________________
___________________________

Capacity in which request is made, when made on behalf of another person:
_____________________________________________________________________________

3. PARTICULARS OF PERSON ON WHOSE BEHALF REQUEST IS MADE

This section must be completed ONLY if a request for information is made on behalf of another person.

Full names and surname
Registration number

___________________________
___________________________

4. PARTICULARS OF RECORD

(a) Provide full particulars of the Record to which access is requested, including the reference number if that is known to you, to enable the record to be located .
(b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The Requester must sign all the additional folios.

  1. Description of Record or relevant part of the Record:
    _______________________________________________________________________________________________
    _______________________________________________________________________________________________
    _______________________________________________________________________________________________
    _______________________________________________________________________________________________
    _______________________________________________________________________________________________
  2. Reference number, if available: _______________________________________________________________
  3. Any further particulars of Record: ____________________________________________________________

5. FEES

A Request for Access to a Record will be processed only after a non-refundable request fee of R57.50 (including VAT) has been paid.

The fee payable for access to a Record depends on the form in which access is required and the reasonable time required to search for and prepare a Record.

If the request qualifies for exemption of the payment of any fee, please state the reason for exemption:

_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________

6. FORM OF ACCESS TO RECORDS

If you are prevented by a disability to read, view or listen to the Record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the Record is required.

Disability:
Form in which Record is required:

Mark the appropriate box in the table below with an X.
NOTES:
(a) Compliance with your request in the specified form may depend on the form in which the Record is available.
(b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
(c) The fee payable for access to the Record, if any, will be determined by the form in which access is requested.

1. If the Record is in written or printed form:
copy of Record* inspection of Record
2. If Record consists of visual images:
(this includes photographs, slides, video Recordings, computer-generated images, sketches, etc.):
view the images copy the images* transcription of the images*
3. If Record consists of Recorded words or information which can be reproduced in sound:
listen to soundtrack (audio CD) transcription of soundtrack* (written or printed documents)
4. If Record is held on computer or in an electronic or machine-readable form:
printed copy of Record* printed copy of information derived from the Record* copy in computer readable form* (compact disc)
*If you requested a copy or transcription of a Record (above), do you wish the copy or transcription to be posted to you?
Postage is payable
YES NO

7. PARTICULARS OF RIGHT TO BE EXERCISED OR PROTECTED

If the provided space is inadequate, please continue on a separate document and attach it to this form.
The Requester must sign all the additional folios.

1. Indicate which right is to be exercised or protected:

_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________

2. Explain why the Record requested is required for the exercise or protection of the aforementioned right.

_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________

8. NOTICE OF DECISION REGARDING REQUEST FOR ACCESS

You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your Request for Access to the Record?

_______________________________________________________________________________________________

Signed at ___________________________ this _____________ day of ________________20

_____________________________________

SIGNATURE OF REQUESTER/ PERSON ON WHOSE BEHALF REQUEST IS MADE

APPENDIX 5

FEES

All amounts listed are inclusive of Value added taxation at 15%.

The Request for Access fee payable by a Requester, other than a personal Requester, is R57,50.

The fees for reproduction referred to in regulation 11(1) are as follows:

R
(a) For every photocopy of an A4-size page or part thereof 1,27
(b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form 0,86
(c) For a copy in a computer-readable form (eg on compact disc, USB): 80,50
(d) (i) For a transcription of visual images, for an A4-size page or part thereof 46,00
(d) (ii) For a copy of visual images 69,00
(e) (i) For a transcription of an audio Record, for an A4-size page or part thereof 23,00
(e) (ii) For a copy of an audio Record 34,50

The access fees payable by a Requester referred to in regulation 11(3) are as follows:

R
(a) For every photocopy of an A4-size page or part thereof 1,27
(b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form 0,86
(c) For a copy in a computer-readable form (eg on compact disc, USB): 80,50
(d) (i) For a transcription of visual images, for an A4-size page or part thereof 46,00
(d) (ii) For a copy of visual images 69,00
(e) (i) For a transcription of an audio Record, for an A4-size page or part thereof 23,00
(e) (ii) For a copy of an audio Record 34,50
(f) To search for and prepare the Record for disclosure, R34,50 for each hour or part of an hour reasonably required for such search and preparation.

For purposes of section 54(2) of PAIA, the following applies:

  • Six hours is the estimated time to be exceeded before a deposit is payable;
  • If applicable, one-third of the access fee is payable as a deposit by the Requester.
  • The actual postage is payable when a copy of a Record must be posted to a Requester.
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