MG MOTOR SOUTH AFRICA A DIVISION OF SAIC SOUTH AFRICA PROPRIETARY LIMITED

THE PROMOTION OF ACCESS TO INFORMATION MANUAL


Last update: 29 November 2024

  1. 1.

    PREAMBLE

    1. 1.1

      The Promotion of Access to Information Act, 2000 ("PAIA") came into operation on 9 March 2001. PAIA seeks, among other things, to give effect to the Constitutional right of access to any information held by the State or by any other person where such information is required for the exercise or protection of any right and gives natural and juristic persons the right of access to records held by either a private or public body, subject to certain limitations, in order to enable them to exercise or protect their rights. Where a request is made in terms of PAIA to a private body, that private body must disclose the information if the requester is able to show that the record is required for the exercise or protection of any rights, and provided that no grounds of refusal contained in PAIA are applicable. PAIA sets out the requisite procedural issues attached to information requests.

    2. 1.2

      Section 51 of PAIA obliges private bodies to compile a manual to enable a person to obtain access to information held by such private body and stipulates the minimum requirements that the manual has to comply with.

    3. 1.3

      This Manual constitutes MG Motor's PAIA manual. This Manual is compiled in accordance with section 51 of PAIA as amended by the Protection of Personal Information Act, 2013 ("POPIA"), which gives effect to everyone’s Constitutional right to privacy. POPIA promotes the protection of personal information processed by public and private bodies, including certain conditions so as to establish minimum requirements for the processing of personal information. POPIA amends certain provisions of PAIA, balancing the need for access to information against the need to ensure the protection of personal information by providing for the establishment of an Information Regulator to exercise certain powers and perform certain duties and functions in terms of POPIA and PAIA, providing for the issuing of codes of conduct and providing for the rights of persons regarding unsolicited electronic communications and automated decision making in order to regulate the flow of personal information and to provide for matters concerned therewith.

    4. 1.4
      This PAIA manual also includes information on the submission of objections to the processing of personal information and requests to delete or destroy personal information or records thereof in terms of POPIA.
      VERSIONPOLICY OWNERDATE
      1.0MG Motor South Africa29 November 2024
  2. 2.

    ABOUT MG MOTOR

    1. MG Motor is an automotive brand owned by SAIC Motor, a Chinese state-owned carmaker based in Shanghai. It is a continuation of the original MG marque, a British brand founded in Oxford, UK, in 1924. MG Motor manufactures, imports, exports, sells and services vehicles throughout the world in various markets including South Africa.

  3. 3.

    CONTACT DETAILS

    1. Name of Private Body:MG Motor South Africa a Division of SAIC South Africa Proprietary Limited
      Designated Information Officer:Lex Kriel
      Email address of Information Officer:infosupport@mgmotor.co.za
      Postal address:93 Grayston Dr, Morningside, Sandton, 2021
      Street address:93 Grayston Dr, Morningside, Sandton, 2021
      Phone number:+27 10 976 6666
  4. 4.

    INFORMATION REGULATOR’S GUIDE

    1. 4.1

      An official guide has been compiled which contains information to assist a person wishing to exercise a right of access to information in terms of PAIA and POPIA ("Guide"). This Guide is made available by the Information Regulator (established in terms of POPIA). Copies of the Guide are available from Information Regulator and the Information Officer free of charge. Any request for public inspection of the Guide at the office of MG Motor’s Information Officer ("Information Officer") or a request for a copy of the Guide from the Information Officer must substantially correspond with The form can be accessed via the following link: InfoRegSA-PAIA-Form01-Reg3.pdf (inforegulator.org.za)

    2. 4.2
      Any enquiries regarding the Guide should be directed to:
      Postal addressJD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
      Telephone number+27 (0) 10 023 5200
      E-mail addressenquiries@inforgulator.org.za
      mailto:enquiries@inforegulator.org.za
      Websitehttps://inforegulator.org.za/
      Link to access the formInfoRegSA-PAIA-Form01-Reg2.pdf (inforegulator.org.za)
  5. 5.

    OBJECTIVES OF THIS MANUAL

    1. The objectives of this Manual are:

    2. 5.1

      to provide a list of all records held by MG Motor;

    3. 5.2

      to set out the requirements with regard to who may request information in terms of PAIA as well as the grounds on which a request may be denied;

    4. 5.3

      to define the manner and form in which a request for information must be submitted; and

    5. 5.4

      to comply with the additional requirements imposed by POPIA.

  6. 6.

    ENTRY POINT FOR REQUESTS

    1. 6.1

      PAIA provides that a person may only make a request for information, if the information is required for the exercise or protection of a legitimate right.

    2. 6.2

      Information will therefore not be furnished unless a person provides sufficient particulars to enable MG Motor to identify the right that the requester is seeking to protect as well as an explanation as to why the requested information is required for the exercise or protection of that right. The exercise of an individual’s rights is subject to justifiable limitations, including the reasonable protection of privacy, commercial confidentiality and effective, efficient and good governance. PAIA and the request procedure contained in this Manual may not be used for access to a record for criminal or civil proceedings, nor should information be requested after the commencement of such proceedings.

    3. 6.3

      The Information Officer has been delegated with the task of receiving and co-ordinating all requests for access to records in terms of PAIA, in order to ensure proper compliance with PAIA and POPIA.

    4. 6.4

      The Information Officer will facilitate the liaison with the internal legal team on all of these requests.

    5. 6.4

      All requests in terms of PAIA and this Manual must be addressed to the Information Officer using the details in paragraph 3 above.

  7. 7.

    AUTOMATICALLY AVAILABLE INFORMATION

    1. 7.1

      Information that is obtainable via the MG Motor website about MG Motor is automatically available and need not be formally requested in terms of this Manual.

    2. 7.2

      The following categories of records are automatically available for inspection, purchase or photocopying:

      1. 7.2.1

        brochures;

      2. 7.2.2

        press releases;

      3. 7.2.3

        publication; and

      4. 7.2.4

        various other marketing and promotional material.

  8. 8.

    INFORMATION AVAILABLE IN TERMS OF POPIA

    1. 8.1

      Categories of personal information collected by MG Motor

      1. MG Motor may the collect information relating to an identifiable, living, natural person, and (where it is applicable) an identifiable, existing juristic person/entity:

      2. 8.1.1

        information relating to the gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;

      3. 8.1.2

        information relating to the education or the medical, financial, criminal or employment history of the person;

      4. 8.1.3

        any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

      5. 8.1.4

        the personal opinions, views or preferences of the person;

      6. 8.1.5

        correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

      7. 8.1.6

        the views or opinions of another individual about the person; and

      8. 8.1.7

        the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;

      9. 8.1.8

        the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a data subject; or

      10. 8.1.9

        the criminal behaviour of a data subject to the extent that such information relates to:

        1. 8.1.9.1

          the alleged commission by a data subject of any offence; or

        2. 8.1.9.2

          any proceedings in respect of any offence allegedly committed by a data subject or the disposal of such proceedings.

    2. 8.2

      The purpose of processing personal information

      1. 8.2.1

        In terms of POPIA, personal information must be processed for a specified purpose. The purpose for which data is processed by MG Motor will depend on the nature of the data and the particular data subject. This purpose is ordinarily disclosed, explicitly or implicitly, at the time the personal information is collected. Please also refer to the MG Motor's Privacy Policy for further information.

      2. 8.2.2

        In general, personal information is processed for purposes of providing services and products, dealing with customers, complaints, procurement purposes, records management, security, operations, employment and related matters.

    3. 8.3

      A description of the categories of data subjects and of the information or categories of information relating thereto

      1. 8.3.1

        MG Motor holds information and records on the following categories of data subjects:

        1. 8.3.1.1

          employees/personnel of MG Motor;

        2. 8.3.1.2

          existing and prospective customers of MG Motor;

        3. 8.3.1.3

          any third party with whom MG Motor conducts business;

        4. 8.3.1.4

          contractors of MG Motor; and

        5. 8.3.1.5

          suppliers of MG Motor.

      2. 8.3.2

        This list of categories of data subjects is non-exhaustive.

    4. 8.4

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

      1. Depending on the nature of the personal information, MG Motor may supply information or records to the following categories of recipients:

      2. 8.4.1

        affiliate companies of MG Motor and is business partners;

      3. 8.4.2

        statutory oversight bodies, regulators or judicial commissions of enquiry making a request for personal information;

      4. 8.4.3

        any court, administrative or judicial forum, arbitration, statutory commission, or ombudsman making a request for personal information or discovery in terms of the applicable rules;

      5. 8.4.4

        South African Revenue Services, or another similar authority; and

      6. 8.4.5

        anyone making a successful application for access in terms of PAIA or POPIA.

    5. 8.5

      Planned transborder flows of personal information

      1. 8.5.1

        If a data subject visits MG Motor’s website from a country other than South Africa, the various communications will necessarily result in the transfer of information across international boundaries.

      2. 8.5.2

        MG Motor may need to transfer a data subject's information to service providers in countries outside South Africa, in which case it will fully comply with applicable data protection legislation.

      3. 8.5.3

        These countries may not have data-protection laws which are similar to those of South Africa. However, if that happens, the data will only be transferred to and stored: (i) in country that has equivalent, or better, data protection legislation than South Africa; or (ii) with a third party service provider which is subject to an agreement requiring it to comply with data protection requirements equivalent or better than those applicable in South Africa.

    6. 8.6

      A general description of information security measures to be implemented by MG Motor

      1. 8.6.1

        MG Motor takes extensive information security measures to ensure the confidentiality, integrity and availability of personal information in our possession. MG Motor takes appropriate technical and organisational measures designed to ensure that personal data remains confidential and secure against unauthorised or unlawful processing and against accidental loss, destruction or damage.

      2. 8.6.2

        MG Motor has implemented the following security measures:

        1. 8.6.2.1

          defined and documented information security policies, procedures, and standards;

        2. 8.6.2.2

          firewalls in place to control inbound and outbound traffic;

        3. 8.6.2.3

          regular data backups to safeguard against data loss;

        4. 8.6.2.4

          enforced careful access controls to limit who can access confidential data on Devices and systems;

        5. 8.6.2.5

          robust monitoring, auditing, and reporting capabilities to detect and respond to security incidents;

        6. 8.6.2.6

          utilisation of anti-virus and anti-malware solutions to prevent malicious attacks; and

        7. 8.6.2.7

          security awareness training to ensure that employees remain vigilant and informed about security risks and best practices.

  9. 9.

    INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION

    1. The following information is available in terms of certain provisions of the following legislation, as amended from time to time, as applicable to MG Motor:
      LegislationRecords
      COMPANY SECRETARIAL
      Broad-based Black Economic Empowerment Act, 2003
      1. Skills development section on the Financial Services Council report (no unique identifiers)
      2. BBBEE status
      3. BBBEE status of suppliers
      4. Supplier employee information
      5. Contractor and supplier agreements
      6. List of suppliers, products, services and distributors.
      Close Corporations Act, 1984
      1. MOI
      2. Minutes of meetings
      3. Other records and correspondence
      Companies Act, 2008
      1. MOI
      2. Minutes of meetings
      3. Other records and correspondence
      Deed Registries Act, 1937
      1. Title deeds
      Financial Intelligence Centre Act, 2001
      1. Identification and verification records
      2. Customer due-diligence records
      3. Risk management and compliance programme
      Insolvency Act, 1936
      1. Contracts with the customer, third party, and between the customer and other persons
      2. Details of contracts, customers, third party enter into with MG Motor
      3. Details of transactions carried out with MG Motor
      4. Engagement letters
      5. Minutes of meetings
      6. Records of correspondence or enquiries from customers or anyone acting on customers’ behalf
      7. Other Records and correspondence
      COMPLIANCE
      Hazardous Substances Act, 1973
      1. Information relating to MG Motor's operations
      National Environmental Management Act, 1998
      1. Environmental impact assessment reports
      National Environmental Management: Air Quality Act, 2004
      1. Environmental impact assessment reports
      National Environmental Management: Waste Act, 2008
      1. Environmental impact assessment reports
      National Water Act, 1992
      1. Environmental impact assessment reports
      Occupational Health & Safety Act, 1993
      1. Occupational health and safety (OHS) reports including the following:
      2. Learning history report
      3. OHS agreement
      4. OHS appointment letters
      5. Data Centre procedure documents
      6. Incident reports
      7. Personal information for workmen’s compensation
      8. Personal information of visitors to our premises and branches
      9. CCTV footage
      Prevention and Combating of Corrupt Activities Act, 2004
      1. ABC Policy
      2. Corrupt or fraudulent employee, customer or merchant activities
      3. Reports on corrupt and fraudulent activities to law enforcement agencies
      4. Code of Ethics
      Promotion of Access to Information Act, 2000
      1. The PAIA manual
      2. PAIA guide
      3. PAIA forms
      Protection of Personal Information Act, 2013
      1. Privacy Policy
      2. Document Retention Policy
      3. Data Subject Access Request Policy
      4. Cookie Policy
      5. Subject Access Request Policy
      6. Personal Information Sharing Policy
      7. Document Retention Policy
      8. Security Compromise Policy
      9. Password Policy
      10. Photography Policy
      11. CCTV Monitoring Policy
      Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002
      1. Website Terms and Conditions
      2. BYOD Policy
      3. Messenger Platform Policy
      HUMAN RESOURCES
      Basic Conditions of Employment Act, 1997
      1. Employee details
      2. Labour relations reports
      3. Information regarding dismissals for dishonesty-related behaviour
      4. Information on disability, trade union membership, race and religion
      5. Employee next of kin or emergency contact details
      6. Conflict-of-interest declarations
      7. Education information
      8. Health and safety records
      9. Pension and provident fund records
      10. Leave records
      11. Internal evaluations and performance records
      12. Disciplinary records
      13. Training records
      14. Background checks
      Compensation for Occupational Injuries and Health Diseases Act, 1993
      1. Record of the earnings and other prescribed particulars of all employees
      Employment Equity Act, 1998
      1. Employment equity plans and targets
      Labour Relations Act, 1995
      1. Disciplinary records, including outcomes
      2. Labour relations reports
      3. Arbitration awards
      4. Records of strike action and protests
      Medical Schemes Act, 1998
      1. Medical aid details
      Pension Funds Act, 1956
      1. Pension and Provident Fund details
      Skills Development Act, 1998
      1. Training and Development reports
      Skills Development Levies Act, 1999
      1. Skills levy reports
      TAX
      Income Tax Act, 1962
      1. IT3
      2. IRP5
      3. T3a
      4. Monthly IRP5 file
      5. Unemployment Insurance Fund (UIF) files
      6. PAYE information
      7. SDL information
      8. VAT record
      9. Ledgers
      10. Cash books
      11. Journals
      12. Bank statements
      13. Deposit slips
      14. Invoices
      15. Other books of accounts
      16. Electronic representations of information.
      Tax Administration Act, 2011
      1. Audited financial statements
      2. Taxation records
      3. Asset registers
      4. Management accounts
      5. Audit and Risk Committee reports
      6. Operational
      Value Added Tax Act, 1991
      1. Invoices
      2. Tax invoices
      3. Credit note
      4. Debit notes
      5. Bank statements
      6. Deposit slips
      7. Stock lists
      Unemployment Insurance Act, 2001
      1. Unemployment Insurance Fund (UIF) files
      2. PAYE information
  10. 10.

    CATEGORIES OF RECORDS AVAILABLE UPON REQUEST

    1. 10.1

      MG Motor maintains records on the categories and subject matters listed below. Please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of PAIA.

    2. 10.2
      Please note further that many of the records held by MG Motor are those of third parties, such as clients and employees, and MG Motor takes the protection of third party confidential information very seriously. In particular, where MG Motor acts as professional advisors to clients, many of the records held are confidential and others are the property of the client and not of MG Motor. For further information on the grounds of refusal of access to a record please see paragraph 11.5 below.11.5 below. Requests for access to these records will be considered very carefully. Please ensure that requests for such records are carefully motivated.
      Category of recordsRecords
      Internal records
      The records listed pertain to MG Motor's own affairs Some of these categories of records are covered in more detail below
      1. Memoranda and Articles of Association
      2. Financial records
      3. Operational records
      4. Intellectual property
      5. Marketing records
      6. Internal correspondence
      7. Service records
      8. Statutory records
      9. Internal policies and procedures
      10. Minutes of meetings
      Personnel records
      For the purposes of this section, "personnel" means any person who works for or provides services to or on behalf of MG Motor and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of MG Motor This includes partners, directors, all permanent, temporary and part-time staff as well as consultants and contract workers.
      1. Any personal records provided to us by our personnel
      2. Any records a third party has provided to us about any of their personnel
      3. Conditions of employment and other personnel-related contractual and quasi legal records
      4. Employment policies and procedures
      5. Internal evaluation and disciplinary records and
      6. Other internal records and correspondence.
      Client-related records
      1. Contracts with the client and between the client and other persons
      Other third party records
      Records are kept in respect of other parties, including without limitation joint ventures and consortia to which MG Motor is a party, contractors and sub-contractors, suppliers, service providers, and providers of information regarding general market conditions. In addition, such other parties may possess records which can be said to belong to MG Motor.
      1. Personnel, client, or MG Motor records which are held by another party as opposed to being held by MG Motor
      2. Records held by MG Motor pertaining to other parties, including financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors or suppliers
      Transformation and Stakeholder Development Records
      1. Proposals for funding received
      2. Records concerning organisations receiving support
      3. Schedules of approved projects
      4. Reports, books, publications and general information
      5. Records and contracts of agreements
      Supply Chain Records
      1. Policies and procedures manuals
      2. Purchasing agreements
      3. SMaterial catalogue for stock items
      4. Supply contract Vendor list
      Strategic Planning Records
      1. Operational plans
      2. Strategic plans
      Corporate Affairs Records
      1. Database of current and past institutional investors
      2. Database of analysts
      3. Media database
      4. General mailing lists
      5. Promotional material
      6. Company article and newspaper records
      7. Presentations on MG Motor
      8. Market research on MG Motor and peers
      9. Company press releases
      10. Media coverage on MG Motor and peers
      Human Resources Records
      1. Booklets and Codes for employees
      2. Collective agreements
      3. Human Resources Policies
      4. Employee records relating to:
        - Employment
        - Manning
        - Remuneration and incentives
        - Accommodation
        - Performance management
        - Employee development
        - Employee relations
        - Employee care
        - Human resource administration
        - Health and wellness
        - Separations
        - Managerial
        - Disciplinary hearings
        - Employment equity plan
      Treasury Records
      1. Correspondence
      2. Mandates and resolutions
      3. Service contracts
      4. Facility letters
      5. Transitional records
      Business Development Records
      1. Books and publications
      2. Brokers notes
      3. Information relating to:
        - MG Motor
        - Competitors
        - Transactions and agreements with third parties
      Finance Records
      1. Records for MG Motor comprise:
        - Vendor invoices
        - Remittance advices
        - Accounts receivable
        - Banking records
        - Management and monthly accounts, quarterly and annual financial statements
        - External audit reports and records
        - Annual budgets
        - Fixed asset register
        - Accounting policies and procedures
        - Benchmarking
        - Guarantees, undertakings, subordinations, bonds and similar liabilities
      2. Other records comprise:
        - Medical scheme reports
        - Financial correspondence
      3. Operational audit, risk (including insurance) and SOX
      Legal Records
      1. Details of external counsel used by the company (locally and abroad)
      2. Offshore company data sheets
      3. Copies of agreements to which group companies are party to
      4. List of current matters
      5. Details of legal proceedings
      6. General legal correspondence
      Tax Records
      1. Tax returns as filed with the South African Revenue Services (SARS)
      2. Correspondence with SARS on various issues – including objections to assessments, rulings obtained etc
      3. Documentation on tax advice and opinions obtained from external counsel
      4. Documentation on internal matters of MG Motor e.g. employees’ tax matters etc.
      Corporate Finance Records
      1. Circulars and announcements of past MG Motor transactions
      2. Group valuation models
      3. Dealings with professional advisors
      4. External valuations
      Secretariat Records
      1. Records relating to MG Motor comprising:
        - Memoranda of Incorporation
        - Equity structure details
        - Statutory compliance records
        - Manual of records
      2. Shareholders records comprising:
        - Correspondence and queries
        - Notices, circulars and minutes of general meetings
        - Share certificates and transfer forms
        - Offshore stock exchanges
        - Dividend declarations and announcements
        - American depository receipts programme
        - Share schemes
        - Correspondence with investors
        - Securities regulation panel dealings
        - Shareholders agreements
      3. Records concerning Directors and Officers comprising:
        - Appointments, resignations and fees
        - Board and Committee meetings attendance
        - Group committees and terms of reference
        - Approval framework
      4. External valuations
      Information and Communication Technology Records
      1. Supply and maintenance contracts
      2. Projects feasibility studies and proposals
      3. Policies, standards and procedures
      4. Internal reports and correspondence
      5. ICT strategy plan
      6. Audit reports pertaining to ICT
      7. Project plans and project minutes
      8. Software licensing agreements
      Operations Records
      1. Current records concerning:
        - Business plans
        - Capital projects
        - Administration and management of the operations
        - Health, safety and environmental
        - Operational reports
        - Research information belonging to MG Motor or carried out on behalf of a third party
  11. 11.

    REQUEST PROCEDURE

    1. 11.1

      Completion of the prescribed form

      1. 11.1.1

        Any request for access to a record in terms of PAIA must substantially correspond with Form 2 of Annexure A of the PAIA Regulations, 2021 and should be specific in terms of the record requested. The form can be accessed via the following link: InfoRegSA-PAIA-Form02-Reg7.pdf (inforegulator.org.za)

      2. 11.1.2

        A request for access to information which does not comply with the formalities as prescribed by PAIA will be returned to you.

      3. 11.1.3

        POPIA provides that a data subject may, upon proof of identity, request MG Motor to confirm, free of charge, all the information it holds about the data subject and may request access to such information, including information about the identity of third parties who have or have had access to such information.

      4. 11.1.4

        POPIA also provides that where the data subject is required to pay a fee for services provided to him/her, MG Motor must provide the data subject with a written estimate of the payable amount before providing the service and may require that the data subject pays a deposit for all or part of the fee.

      5. 11.1.5

        Grounds for refusal of the data subject’s request are set out in PAIA and are discussed below.

      6. 11.1.6

        POPIA provides that a data subject may object, at any time, to the processing of personal information by MG Motor, on reasonable grounds relating to his/her particular situation, unless legislation provides for such processing. The data subject must complete the prescribed form and submit it to the Information Officer at the postal or physical address, facsimile number or electronic mail address set out above. The form can be accessed via the following link: FORM-1-OBJECTION-TO-THE-PROCESSING-OF-PERSONAL-INFORMATION.pdf (inforegulator.org.za)

      7. 11.1.7

        A data subject may also request MG Motor to correct or delete personal information about the data subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or destroy or delete a record of personal information about the data subject that MG Motor is no longer authorised to retain records in terms of POPIA's retention and restriction of records provisions.

      8. 11.1.8

        A data subject that wishes to request a correction or deletion of personal information or the destruction or deletion of a record of personal information must submit a request to the Information Officer at the postal or physical address, facsimile number or electronic mail address set out above on the prescribed form. The form can be accessed via the following link: FORM-2-REQUEST-FOR-CORRECTION-OR-DELETION-OF-PERSONAL-INFORMATION-OR.pdf (inforegulator.org.za)

    2. 11.2

      Proof of identity

      1. Proof of identity is required to authenticate your identity and the request. You will, in addition to this prescribed form, be required to submit acceptable proof of identity such as a certified copy of your identity document or other legal forms of identity.

    3. 11.3

      Payment of the prescribed fees

      1. 11.3.1

        There are two categories of fees which are payable:

        1. 11.3.1.1

          The request fee: R140.00.

        2. 11.3.1.2

          The access fee: This is calculated by taking into account reproduction costs, search and preparation costs, as well as postal costs. These fees are set out in Annexure A.

      2. 11.3.2

        Section 54 of PAIA entitles MG Motor to levy a charge or to request a fee to enable it to recover the cost of processing a request and providing access to records. The fees that may be charged are set out in Annexure B of the PAIA Regulations, 2021.

      3. 11.3.3

        Where a decision to grant a request has been taken, the record will not be disclosed until the necessary fees have been paid in full.

    4. 11.4

      Timelines for consideration of a request for access

      1. 11.4.1

        Requests will be processed within 30 (thirty) days, unless the request contains considerations that are of such a nature that an extension of the time limit is needed.

      2. 11.4.2

        The Information Officer will inform the requester of the decision, and the fees payable (if applicable) on a form that corresponds substantially with Form 3 of Annexure A of the PAIA Regulations, 2021. The form can be accessed via the following link: Form-3-PAIA.pdf (inforegulator.org.za).

      3. 11.4.3

        Should an extension be required, you will be notified, together with reasons explaining why the extension is necessary.

    5. 11.5

      Grounds for refusal of access and protection of information

      1. 11.5.1

        There are various grounds upon which a request for access to a record may be refused. These grounds include:

        1. 11.5.1.1

          the protection of personal information of a third person (who is a natural person) from unreasonable disclosure;

        2. 11.5.1.2

          the protection of commercial information of a third party (for example: trade secrets; financial, commercial, scientific or technical information that may harm the commercial or financial interests of a third party);

        3. 11.5.1.3

          if disclosure would result in the breach of a duty of confidence owed to a third party;

        4. 11.5.1.4

          if disclosure would jeopardise the safety of an individual or prejudice or impair certain property rights of a third person;

        5. 11.5.1.5

          if the record was produced during legal proceedings, unless that legal privilege has been waived;

        6. 11.5.1.6

          if the record contains trade secrets, financial or sensitive information or any information that would put MG Motor (at a disadvantage in negotiations or prejudice it in commercial competition); and/or

        7. 11.5.1.7

          if the record contains information about research being carried out or about to be carried out on behalf of a third party or by MG Motor.

      2. 11.5.2

        Section 70 of PAIA contains an overriding provision. Disclosure of a record is compulsory if it would reveal (i) a substantial contravention of, or failure to comply with the law; or (ii) there is an imminent and serious public safety or environmental risk; and (iii) the public interest in the disclosure of the record in question clearly outweighs the harm contemplated by its disclosure.

      3. 11.5.3

        If the request for access to information affects a third party, then such third party must first be informed within 21 (twenty one) days of receipt of the request. The third party would then have a further 21 (twenty one) days to make representations and/or submissions regarding the granting of access to the record.

  12. 12.

    REMEDIES AVAILABLE TO A REQUESTER ON REFUSAL OF ACCESS

    1. 12.1

      If the Information Officer decides to grant you access to the particular record, such access must be granted within 30 (thirty) days of being informed of the decision.

    2. 12.2

      In the event that you are not satisfied with the outcome of the request, you are entitled to lodge a complaint with the Information Regulator or apply to a court of competent jurisdiction to take the matter further.

    3. 12.3

      Where a third party is affected by the request for access and the Information Officer has decided to grant you access to the record, the third party has 30 (thirty) days in which to appeal the decision in a court of competent jurisdiction. If no appeal has been lodged by the third party within 30 (thirty) days, you must be granted access to the record.

  13. 13.

    AVAILABILITY OF THIS MANUAL

    1. 13.1

      Copies of this Manual are available for inspection, free of charge, at the offices of MG Motor at 93 Grayston Dr, Morningside, Sandton, 2021.

    2. 13.2

      The Manual is also available on the website of MG Motor at www.mgmotor.co.za.

    3. Annexure A FEES IN RESPECT OF PRIVATE BODIES FEES IN RESPECT OF PRIVATE BODIES

    4. Annexure A FEES IN RESPECT OF PRIVATE BODIES
      FEES IN RESPECT OF PRIVATE BODIES
      ItemDescriptionAmount
      1.The request fee payable by every requesterR140.00
      2.Photocopy of A4-size pageR2.00 per page or part thereof.
      3.Printed copy of A4-size pageR2.00 per page or part thereof.
      4.

      For a copy in a computer-readable form on:

      1. (i)

        Flash drive (to be provided by requestor)

      2. (ii)

        Compact disc

        1. •

          If provided by requestor

        2. •

          If provided to the requestor

      		R40.00
      R40.00
      R60.00
      5.For a transcription of visual images per A4-size pageService to be outsourced. Will depend on quotation from Service provider.
      6.Copy of visual imagesService to be outsourced. Will depend on quotation from Service provider.
      7.Transcription of an audio record, per A4-size pageR24.00
      8.

      Copy of an audio record on:

      1. (i)

        Flash drive (to be provided by requestor)

      2. (ii)

        Compact disc

        1. •

          If provided by requestor

        2. •

          If provided to the requestor

      		R40.00
      R40.00
      R60.00
      9.To search for and prepare the record for disclosure for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation. To not exceed a total cost ofR145.00
      R435.00
      10.Deposit: If search exceeds 6 hoursR145.00
      One third of amount per request calculated in terms of items 2 to 8.
      11.Postage, e-mail or any other electronic transferActual expense, if any.