PAIA Manual

prepared in terms of section 51 of the Promotion of Access to Information Act

2 of 2000 (as amended)

1. LIST OF ACRONYMS AND ABBREVIATIONS
2. SCOPE OF THIS MANUAL
3. INTRODUCTION
4. PURPOSE
5. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF THE BGA GROUP
6. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE
7. CATEGORIES OF RECORDS OF THE BGA GROUP WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS
8. DESCRIPTION OF THE RECORDS OF THE BGA GROUP WHICH ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION
9. DESCRIPTION OF THE SUBJECT ON WHICH THE BGA GROUP HOLDS RECORDS AND CATEGORIES OF RECORDS HELD ON EACH SUBJECT BY THE BGA GROUP
10. PROCESSING OF PERSONAL INFORMATION
11. REQUEST PROCEDURE
12. AVAILABILITY OF MANUAL
13. UPDATING OF THE MANUAL

• “BGA” means Broom Group Africa Proprietary Limited, a private company duly incorporated in terms of the laws of the Republic of South Africa under registration number: 2022/783142/07;
• “BGA Group” means collectively the entities as contemplated in section 2 below;
• “BGPA” means Broom Group Properties Africa Proprietary Limited, a private company duly incorporated in terms of the laws of the Republic of South Africa under registration number: 2021/925432/07;
• “BLA” means Broom Logistics Africa Proprietary Limited, a private company duly incorporated in terms of the laws of the Republic of South Africa under registration number: 2020/467936/07;
• “Data Subjects” means the persons to whom Personal Information relates, including customers, employees, operators, suppliers, other persons and third parties;
• “GHL” means Good Hope Logistics Proprietary Limited, a private company duly incorporated in terms of the laws of the Republic of South Africa under registration number: 2012/058109/07;
• “Guide” means the guide on how to use PAIA by any person who wishes to exercise any right contemplated in the PAIA and the POPIA, as contemplated in section 10 of PAIA;
• “LCL” means LCL Logistics Southern Africa Proprietary Limited, a private company duly incorporated in terms of the laws of the Republic of South Africa under registration number: 2001/025274/07;
• “Manual” means this document;
• “PAIA” means the Promotion of Access to Information Act No. 2 of 2000 (as amended);
• “Personal Information” means personal information as defined under section 1 of the POPIA;
• “PLS” means Perishable Logistic Services Proprietary Limited, a private company duly incorporated in terms of the laws of the Republic of South Africa under registration number: 2012/111916/07;
• “POPIA” means the Protection of Personal Information Act No.4 of 2013;
• “Prescribed Fee” means a prescribed request fee published by the Regulator and levied to a Requestor for processing the request for information or records;
• “Record” means any recorded information, regardless of form or medium in the possession or under the control of the BGA Group, whether or not it was created by the BGA Group;
• “Regulations” means the Promotion of Access to Information Act No. 2 of 2000: Regulations Relating to the Promotion of Access to Information of 2021;
• “Regulator” means the Information Regulator of South Africa, established in terms of section 39 of the POPIA;
• “Requester” means a natural person or juristic person seeking access to information;
• “Vamos” means Vamos Holdings Proprietary Limited, a private company duly incorporated in terms of the laws of the Republic of South Africa under registration number: 2022/713208/07;
• “Werda Cargo” means Werda Cargo Proprietary Limited, a private company duly incorporated in terms of the laws of the Republic of South Africa under registration number: 2015/433552/07; and
• “Werda Holdings” means Werda Holdings Proprietary Limited, a private company duly incorporated in terms of the laws of the Republic of South Africa under registration number: 2015/151517/07.

• The scope of this Manual includes LCL and the following related entities in which LCL has a direct interest, BGA; BGPA; BLA; GHL; PLS; Vamos; Werda Cargo; and Werda Holdings.

PAIA came into effect on 9 March 2001, giving practical implementation to the right of access to information under section 32(2) of the Constitution. A key requirement of PAIA is that private bodies must compile an information manual detailing the types and categories of records they hold. This document serves as the BGA Group’s information Manual and outlines the records in its possession, along with the procedures to follow when requesting access to these records.

• This Manual is intended to assist members of the public in understanding and exercising their rights in terms of PAIA and POPIA. Specifically, this Manual enables the public to: –
  • identify the categories of records held by the BGA Group which are available without the need to submit a formal request in terms of PAIA;
  • understand how to make a request for access to a record of the BGA Group, by providing a description of the subjects on which the BGA Group holds records, and the categories of records held on each subject;
  • know the description of the records of the BGA Group which are available in accordance with any other legislation;
  • access all the relevant contact details of the Information Officer and Deputy Information Officer, who are responsible for assisting members of public with access to records;
  • know where to access the Guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
  • know if the BGA Group will process Personal Information, the purpose of such processing, the description of the categories of Data Subjects and of the information or categories of information relating thereto;
  • know the recipients or categories of recipients to whom the Personal Information may be supplied;
  • know if the BGA Group intends to transfer or Process Personal Information outside the Republic of South Africa and the recipients or categories of recipients to whom the Personal Information may be supplied; and
  • determine whether the BGA Group has appropriate security safeguards to ensure the confidentiality, integrity and availability of the Personal Information which is to be processed.

• Chief Information Officers: –
  • BGA:
    For Attention: Dawid Kok
    Telephone: 021 943 6760
    Email: dawie@lclog.com
    
  • BGPA:
    For Attention: Dawid Kok
    Telephone: 021 943 6760
    Email: dawie@lclog.com
  • BLA:
    For Attention: Dawid Kok
    Telephone: 021 943 6760
    Email: dawie@lclog.com
  • GHL:
    For Attention: Frik O’Callaghan
    Telephone: 021 943 6760
    Email: frik@lclog.com
    
  • LCL:
    For Attention: Dawid Kok
    Telephone: 021 943 6760
    Email: dawie@lclog.com
    
  • PLS
    For Attention: Simon Jacobus Korkie
    Telephone: 021 943 6760
    Email: simon@lclog.com
    
  • Vamos:
    For Attention: Frik O’Callaghan
    Telephone: 021 943 6760
    Email: frik@lclog.com
  • Werda Cargo:
    For Attention: Daniël Johannes Bosman
    Telephone: 021 943 6760
    Email: daniel.b@lclog.com
  • Werda Holdings:
    For Attention: Daniël Johannes Bosman
    Telephone 021 943 6760
    Email: daniel.b@lclog.com
• Access to information general contacts: –
  Email: info.fa@lclog.com .
  For Attention: Angelique Visagie

• National or Head Office: –
  Postal Address: Postnet Suite 111, Private Bag X7, Tygervallei, 7536
  Physical Address: Brickfield Office 2, 13 Alberto Drive, Devonbosch, Corner Bottelary Road and R304, Stellenbosch, 7605
  Telephone: 021 943 6760
  Email: info.fa@lclog.com
  Website: https://lclog.com/

• The Regulator has, in terms of section 10(1) of the PAIA, updated and made available revised Guide, in an easily comprehensible form and manner. The purpose of the Guide is to provide information that is needed by any person who wishes to exercise any right contemplated in the PAIA and the POPIA.
  
• This Guide will specifically assist Data Subjects, on how to access his/her or its personal information in terms of section 23 of the POPIA. The Regulator has made available the Guide which can be obtained:
  • upon request to the Information Officer by completing Form 01 and submitting same via conventional mail or email using the address indicated in clause 5 above; or
  • from the website of the Regulator being https://inforegulator.org.za/
• A copy of the Guide is also available in the following two official languages, for public inspection during normal office hours: –
  • Afrikaans; and
  • English

In accordance with PAIA, the following categories of records held by the BGA Group are readily available to any person, without the need to submit a formal request for access in terms of PAIA. Such information may be accessed through LCL’s official website or obtained upon informal request via telephone or email (“Informal Request“): –

The BGA Group holds the following records in accordance with the following legislation: –

• In terms of POPIA, Personal Information must be Processed for a specific, lawful, and explicitly defined purpose. The purpose for which Personal Information is processed by the Data Subject depends on the nature of the information and the specific category of Data Subject involved.
• The BGA Group process the following categories of information: –

• The BGA Group Processes the Personal Information of the following categories of persons: stakeholders; employees; website users; prospective employees; customers; clients; and creditors.
• The BGA Group processes Personal Information for purposes reasonably necessary to carry out its functions and objectives as service providers in the logistics and related services industry. These purposes include, but are not limited to: –
  • ensuring that customer orders are fulfilled, including but not limited to the linking of Personal Information to specific freights, senders and/or receivers;
  • providing logistics, transport, and freight forwarding services internationally;
  • managing relationships with customers, employees and stakeholders;
  • complying with legal and regulatory obligations;
  • communicating with customers, employees, stakeholders or any other Data Subjects, including sending service updates, notices, and marketing communications;
  • ensuring the safety and security of goods transported, information systems, and employees;
  • distributing industry-related information to authorised and necessary / relevant parties;
  • electing and communicating with directors, shareholders and regional representatives;
  • handling enquiries received via the website;
  • administering statutory levy collection, compliance, and reporting;
  • maintaining records of correspondence, stakeholder interactions, and operational statistics;
  • recruiting and selecting employees or stakeholders (for example receiving and evaluating CVs and conducting background checks);
  • keeping record of employees (drafting employment contracts and maintaining employee records);
  • administering payroll and employee benefits; and
  • complying with labour laws and tax regulations.
• Description of the categories of Data Subjects and of the information or categories of information relating thereto: –

• The recipients or categories of recipients to whom the Personal Information may be supplied: –

• Planned transborder flow of Personal Information: –
  • The BGA Group makes use of third-party platforms to batch-track the origin of transported goods.
  • Customers’ Personal Information is uploaded to these platforms, to the extent that the Customer has consented to such information being used for the coordination of transported goods.
  • Recipients of the transported goods can access the platform to track the origin of the goods received, provided that the recipient is a registered user of the third-party platform.
• General description of information security measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information, include, adequate security safeguards, measures and controls have been implemented by the BGA Group to ensure the confidentiality and integrity of Personal Information, and to minimise the risk of loss, unauthorised access, disclosure, interference, modification or destruction of personal information.

It is important to note that the completion and submission of Form 02 does not automatically allow the requester access to the requested record. An application for access to a record is subject to certain limitation if the requested record falls within a certain category as specified within Part 3 Chapter 4 of PAIA (see the sections “Grounds for refusal” and “Discretionary grounds for refusal” below).

• Who may request information?
  • Any person, whether a South African citizen or not, may submit a request for access to information under PAIA (the “Requester”). The Requester may be either a natural person or a juristic person.
  • A Requester who seeks access to records held by the BGA Group must clearly indicate the right they are seeking to protect or exercise by means of the requested information.
  • A public body is considered a juristic person and may make a request for access to records held by private bodies, but only if the public body is acting in the interest of the public; and if the records are required to fulfil or protect any rights other than those of the public body.  

• Notification
  The BGA Group will within 30 (thirty) days of receipt decide whether to grant or decline the request and give notice using Form 03 (or a form that corresponds substantially with Form 03) with reasons (if required) to that effect. The 30 (thirty) day period within which the BGA Group has to decide whether to grant or refuse the request maybe extended for a further period of not more than 30 (thirty) days, if the request is for a large volume of information, or he request requires a search for information held at another office and the information cannot reasonably be obtained within the 30 (thirty) day period. Should an extension be required, the BGA Group will notify the requester in writing, together with reasons explaining why the extension is necessary.

• How is the request made?
  In order to facilitate a timely response to request for access, all Requesters should take note of the following:

• • A request to access information is made by completing the prescribed Form 02 available on the Regulators website at https://inforegulator.org.za/paia/.
  • Proof of identity is required to authenticate the identity of the Requester.
  • If the request is made on behalf of another person, the requester must submit proof of the capacity in which the requester is making the request.
  • Every question in the Form 02 should be answered in BLOCK LETTERS.
  • If there is insufficient space on a printed form, additional information may be provided on an additional attached folio.
  • When the use of an additional folio is required, preceded each answer with the applicable title.
  • In addition to Form 02, the following Forms are also available on the Regulators website at https://inforegulator.org.za/paia/:-
    • Form 01: Request for a Guide from the Regulator;
    • Form 01: Request for a Copy of the Guide from an Information Officer;
    • Form 03: Outcome of request and of fees payable;
    • Form 04: Internal Appeal Form;
    • Form 05: Complaint Form; and
    • Form 13: PAIA Request for Compliance Assessment Form.

• Submission of Request for Access to Record Form
  • The completed Form 02, together with a copy of the identity document of the requester, and the additional folio’s (if applicable), must be addressed to the Information Officer and submitted either via conventional mail or the email address indicated in clause 5 above.
  • A request fee (based on the Prescribed Fee) is payable on submission. This fee is not applicable to Data Subjects seeking access to records that contain their Personal Information.
  • If it is reasonably suspected that the requester obtained access to records through the submission of materially false or misleading information, legal proceedings may be instituted against such requester.

• Fees
  The BGA Group may require the Requester to pay a fee or a deposit fee. These fees must be reasonable and may only cover the time and resources needed to locate and prepare the requested record.

• Grounds for refusal
  • The Information Officer must refuse a request for information if the following grounds apply: –
    • Mandatory protection of the privacy of a third party (natural person), unless consent is given or the information is already public knowledge.
    • Mandatory protection of certain South African Revenue Services (“SARS”) records.
    • Mandatory protection of commercial information of a third party (for example trade secrets).
    • Mandatory protection of certain confidential information of a third party if a duty of confidentiality is owed to a third party in terms of an agreement.
    • Mandatory protection of an individual’s safety and the protection of property.
    • Mandatory protection of police dockets and law enforcement procedures.
    • Mandatory protection of information which is regarded as privileged in legal proceedings.
    • Mandatory protection of research information of third party, and protection of research information of public or private body.
    • The commercial activities of the BGA Group which may include trade secrets or financial, commercial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interest of the BGA Group.

• Discretionary grounds for refusal
  • The Information Officer may refuse a request for information if one or more of the following grounds apply: –
    • Protection of South Africa’s defence, security, or international relations.
    • Protection of the Republic’s economic, financial, or commercial interests.
    • Where disclosure would hamper the operations of public bodies.
    • Frivolous or vexatious requests.

•  A copy of this Manual is available –
  • at https://lclog.com/paia-policy/;
  • at Brickfield Office 2, 13 Alberto Drive, Devonbosch, Corner Bottelary Road and R304, Stellenbosch, 7605 for public inspection during normal business hours;
  • to any person upon request made and submitted to the Information Officer on Form 02 and upon the payment of the Prescribed Fee; and
  • to the Information Regulator upon request.
• The Prescribed Fee for a copy of the Manual shall be payable per each size A4 photocopy made.

The Information Officer of the BGA Group will update this Manual on a regular basis.

Issued by
DAWIE KOK

Date of Compilation: 1 June 2025
Date of Revision: 1 June 2025