Statutory Governance
POPIA & PAIA Compliance Manual
Prepared in accordance with Section 51 of the Promotion of Access to Information Act, No. 2 of 2000 (PAIA) as amended by the Protection of Personal Information Act, No. 4 of 2013 (POPIA).
1. Purpose of this Statutory Manual
This Manual is compiled by Kgamphomane (Pty) Ltd in compliance with Section 51 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”) and incorporates the privacy and data protection requirements of the Protection of Personal Information Act 4 of 2013 (“POPIA”).
Its purpose is to give effect to the constitutional right of access to information held by a private body (where such information is required for the exercise or protection of any right) and to provide a transparent overview of how personal information is lawfully processed by our labour relations practice.
2. Contact Particulars of the Private Body
- Name of Private Body: Kgamphomane (Pty) Ltd
- Designated Information Officer: Mpho Mosomane
- Designation: Labour Relations Specialist / Director
- Telephone: +27 74 849 6813
- Email Address: mosomane@icloud.com
- Website: www.kgamphomane.co.za
- Jurisdiction: Republic of South Africa
3. The Information Regulator’s PAIA Guide
The Information Regulator has, pursuant to Section 10 of PAIA, compiled an official Guide containing information on how to exercise any right contemplated in PAIA and POPIA.
The Guide is available in all official South African languages and may be inspected or obtained from the Information Regulator at www.inforegulator.org.za.
4. Records Held in Accordance with Other Legislation
Kgamphomane maintains statutory records as required by relevant South African Acts, including but not limited to:
5. Schedule of Records Held by Category
Access to these records may be subject to statutory grounds of refusal specified in PAIA (such as confidentiality, commercial privilege, or protection of third-party privacy):
A. Advisory & Consulting Records
Client mandates, collective bargaining notes, conciliation transcripts, Section 189 notices, disciplinary investigation files, settlement agreements, arbitration awards, and legal opinions.
B. Educational & Training Records
Workshop curricula, attendance registers, training methodologies, presentation slides, and compliance assessment checklists.
C. Corporate & Financial Records
Company incorporation certificates, statutory registers, VAT records, invoices, receipts, tax returns, and supplier contracts.
D. Personnel & Administrative Records
Internal staff employment contracts, payroll records, leave records, performance documentation, and statutory deductions.
6. Procedure to Request Access to Records
To request access to records held by Kgamphomane under PAIA, the requester must follow the prescribed procedure:
- Complete Prescribed Form 2: Obtain and complete Form 2 (Request for Access to Record of Private Body) available from the Information Regulator website.
- Identify the Record: Clearly specify the record requested and the right being exercised or protected, detailing why the requested record is required for that purpose.
- Submit to Information Officer: Deliver the completed request form and proof of identity to our Information Officer at mosomane@icloud.com.
- Payment of Prescribed Fee: Pay the statutory request fee prescribed under PAIA Regulations (where applicable).
- 30-Day Decision Period: Kgamphomane will evaluate the request and notify the requester of the decision within thirty (30) calendar days.
7. Grounds for Refusal of Access to Records
Chapters 4 of PAIA stipulates mandatory and discretionary grounds upon which access to records must or may be refused. These include:
- Mandatory protection of the privacy of a third party who is a natural person, including deceased individuals (POPIA compliance).
- Mandatory protection of commercial information of a third party (trade secrets, proprietary labour relations strategies, financial data).
- Mandatory protection of confidential information of third parties protected by agreement.
- Mandatory protection of records privileged from production in legal proceedings (litigation privilege).
8. The 8 Conditions for Lawful Processing under POPIA
Kgamphomane strictly adheres to the eight conditions for lawful processing prescribed in Chapter 3 of POPIA:
Designated Information Officer oversees ongoing data governance.
Lawful, adequate, relevant, and non-excessive data gathering.
Information collected solely for defined labour relations mandates.
No incompatible subsequent processing without authorization.
Reasonable steps taken to ensure records are accurate and complete.
Transparent notices provided to data subjects under Section 18.
Robust technical and physical safeguards to prevent data loss or breach.
Prompt handling of access, rectification, and deletion requests.