KAAP AGRI

Legal and Data Privacy Section

Welcome to this area of our website which contains all our legal notices and documents.

Importantly, it houses the details, which we are required to give you, when we process your personal information.

The documentation pertains to Kaap Agri Bedryf Limited (Registration Number: 1995/000336/06) together with its holding company, Kaap Agri Limited (Registration Number: 2011/113185/06) being a JSE listed entity, including all its subsidiaries.

This legal documentation is therefore also applicable and relevant to the subsidiaries:

Website Terms of Use

Privacy Notice

Information Officer Details

Promotion of Access to Information (PAIA)

The Promotion of Access to Information Act

PAIA is legislation in the Republic of South Africa allowing access to any information held by the State, and any information held by private bodies that is required for the exercise and protection of any rights. It applies specifically to South Africa, but is part of the global drive towards freedom of information.

The Act is enforced by the South African Information Regulator.

Section 32(1)(a) of the Constitution of the Republic of South Africa, 1996, determines that everyone has a right of access to any information held by the State.  Section 32(2) of the Constitution provides for the enactment of national legislation to give effect to this fundamental right.  PAIA is the national legislation contemplated in section 32(2) of the Constitution.

Section 9 of PAIA recognises that the right of access to information is subject to certain justifiable limitations aimed at, amongst others:

  1. the reasonable protection of privacy;
  2. commercial confidentiality;
  3. effective, efficient and good governance.

Commencement – 2001

Links to the Act and Regulations

Summary of PAIA & Guide Lines

Guide on how to use the Promotion of Access to Information Act 2 of 2000

How to Apply for Information 

In order to assist those who are not familiar with PAIA or POPIA, a Guide that contains information to assist you in understanding how to exercise your rights under PAIA (“the Guide”) is available in all the South African official languages.

If you have any queries, or need a copy of the Guide, please contact the Information Regulator directly at:

The Information Regulator (South Africa)

JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001

P.O Box 31533, Braamfontein, Johannesburg, 2017

Complaints email: complaints.IR@justice.gov.za

General enquiries email: inforeg@justice.gov.za

Request for Access

Any request for access to a record from a private body in terms of PAIA must substantially correspond with the form attached in the PAIA Manual marked Appendix A – FORM C – Request for access to record of private body (Section 53(1) of PAIA) [Regulation 10]. 

Objections

Any objections to the processing of personal information by Kaap Agri, on reasonable grounds must be submitted to the Information Officer on the prescribed form attached in the PAIA Manual marked as Appendix C – FORM 1 – Objection to the processing of personal information in terms of section 11(3) of POPIA Regulations relating to the protection of personal information, 2018 [Regulation 2]

Corrections or Deletions

A request for correction or deletion of personal information or the destruction or deletion of a record of personal information must  be submitted  Information Officer on the prescribed form attached in the PAIA Manual marked as Appendix D – FORM 2 – Request for correction or deletion of personal information or destroying or deletion of record of personal information in terms of section 24(1) of POPIA’s Regulations relating to the protection of personal information, 2018 [Regulation 3].

PAIA MANUALS

Protection of Personal Information (POPI)

The Protection of Personal Information Act

POPIA aims to promote the protection of personal information processed by public and private bodies; … to regulate the flow of personal information across the borders of the Republic; and to provide the owners of the personal information, known as data subjects, with details about what is being done with their personal information.

The Act is enforced by the South African Information Regulator.

Section 14 of the Constitution of the Republic of South Africa, 1996, states that everyone has the right to privacy, which includes the right not to have –

  1. their person or home searched;
  2. their property searched;
  3. their possessions seized; or
  4. the privacy of their communications infringed.

Commencement

11 April 2014, Section 1, Part A of Chapter 5 (Sections 39 to 54), Sections 112 and 113 (Gazette 37544 if 11 April 2014)

1 July 2020, Sections 2 to 38, Sections 55 to 109, Section 111, Section 114(1), (2) and (3) (Gazette 43461 of 22 June 2020)

30 June 2021, Sections 110 and 114(4) (Gazette 43461 of 22 June 2020)

1 July 2021, Section 58(2) (Gazette 44383 of 1 April 2021)

Links to the Act and Regulations

  • The Protection of Personal Information Act, 2013 (Act 4 of 2013)
  • The Protection of Personal Information Act: Regulations: Information register (English / Afrikaans), GG 42110, RG 10897, GoN 1383, 14 Dec 2018
  • Protection of Personal Information Act: Commencement of certain sections (English / Afrikaans), GG 43461, RG 11136, P 21, 22 Jun 2020.

Sections 2 to 38; 55 to 109; 111; and 114(1), (2) and (3) shall commence on 01 July 2020 and sections 110 and 114(4) shall commence on 30 June 2021.

POPIA Policies

Processing Notices

Operator Engagements

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