SuperSport Promotion of Access to Information (PAIA) Manual

 

 

1. INTRODUCTION

This manual is prepared in compliance with section 51 PAIA and POPIA Regulation 4(c), as defined below. This manual may be amended from time to time. If amended, this manual shall be republished.

1.1 Definitions, Acronyms and Abbreviations

In this manual, the following words shall have the meanings set out in the table below

 

Term	Definition
Companies Act	the Companies Act, 71 of 2008
Employee	all permanent employees, fixed term contractors and learners on a learnership programme
Information Regulator	means the Office of the Information Regulator established, in terms of section 39 of POPIA to monitor and enforce compliance with both POPIA and PAIA
this manual	this manual together with all its annexures, as amended from time to time and as available at the offices of MultiChoice Group
MultiChoice Group	MultiChoice Group Limited, and its Subsidiaries, trusts and broad-based black empowerment share schemes (such as Phuthuma Nathi (RF) Limited)
SSI	SUPERSPORT INTERNATIONAL (PTY) LTD, a company incorporated in South Africa with registration number: 1997 / 004108 / 07
PAIA	the Promotion of Access to Information Act, 2 of 2000, read together with all relevant regulations published from time to time
PAIA Regulations	the Promotion of Access to Information Act, 2 of 2000: Regulations relating to the Promotion of Access to Information, 2021
POPIA	the Protection of Personal Information Act, 4 of 2013
POPIA Regulations	the Protection of Personal Information Act, 2013: Regulations Relating to The Protection of Personal Information, 2018
Republic	the Republic of South Africa
SAHRC	means the South African Human Rights Commission
Subsidiaries	has the meaning given in section 3 of the South African Companies Act, 71 of 2008 (as amended)

1.2 Purpose of this manual

This manual, among other things:

• assists members of the public to check the nature of the records which SUPERSPORT INTERNATIONAL holds and provides the contact details of the relevant persons at MultiChoice who will assist with requests;

• sets out the procedure that must be followed by a member of the public when requesting access to information or documents from an entity in SUPERSPORT INTERNATIONAL as contemplated in terms of PAIA and POPIA; and

• the procedure to be followed when requesting access to company records in terms of section 26 of the Companies Act.

1.3 Application

This manual applies to SUPERSPORT INTERNATIONAL.

PAIA provides that a person may only request information in terms of PAIA if the information is required for the exercise or protection of a right. Information will therefore not be provided unless a person clearly provides sufficient particulars to enable SUPERSPORT INTERNATIONAL to identify the right the requester is seeking to protect and an explanation of why the requested information is required for the exercise of protection of that right.

It is important to note that reference to any information or records in this manual does not create any contractual or other right or entitlement to receive such information. Requests for information and the right to access information must be in accordance with the provisions of PAIA, or where relevant, POPIA, section 26 of the Companies Act or other relevant legislation.

 

2. CONTACT DETAILS

The Chief Executive Officer of SUPERSPORT INTERNATIONAL, in accordance with a resolution of the board of directors of SUPERSPORT INTERNATIONAL, has duly authorised the appointed Information Officers named below to ensure the SUPERSPORT INTERNATIONAL compliance with PAIA and POPIA respectively.

Chief executive officer and information officer:

Rendani Removha

 

PAIA contact:

The appointed PAIA Deputy Information Officer:	Carmen Miller
PAIA email address:	cosec@multichoice.com

 

POPIA contact:

The appointed POPIA Deputy Information Officer:	Sarala Macmillan
POPIA email address:	DPO@multichoice.co.za

 

Physical address:	MultiChoice City
	144 Bram Fisher Drive
	Randburg, Johannesburg
	Gauteng, South Africa
Postal address:	PO Box 1502
	Randburg, Johannesburg
	Gauteng, 2125
	South Africa
Telephone:	+27 11 284 3000
Fax:	+27 11 326 4012

 

3. AVAILABILITY OF THIS MANUAL

This manual is available for inspection at the offices of SUPERSPORT INTERNATIONAL (located at the physical address above), free of charge. Hard copies of the manual may be obtained, subject to payment of the prescribed fees, at the offices of SUPERSPORT INTERNATIONAL.

This manual can be accessed on the company’s website (www.multichoice.com) and from the Information Regulator (if in terms of PAIA the Information Regulator has requested the updated manual from the MultiChoice Group).

 

4. THE PAIA GUIDE

The SAHRC compiled the Guide on How to Use the Promotion of Access to Information Act 2 of 2000, as amended (“the PAIA Guide”) in accordance with section 10 of PAIA. The PAIA Guide is designed as a tool to assist any person wishing to exercise any right contemplated in PAIA, and a data subject to access their personal information in terms of section 23 of POPIA.

The PAIA Guide is updated and made available by the Information Regulator. It is available in all of the official languages. The PAIA Guide can be accessed in the following ways:

• in hard copy for inspection at the offices of the South Africa Human Rights Commission, located at 29 Princess of Wales Terrace, corner York and St. Andrews Street, Parktown, Johannesburg, Gauteng;

• electronically on the South Africa Human Rights Commission website: (www.sahrc.org.za);

• electronically on the Information Regulator’s website: (https://www.inforegulator.org.za/docs.html).

Please direct any queries about the PAIA Guide to:

 

Information Regulator:
Research and Documentation Department
Physical address:	JD House, 27 Stiemens Street
	Braamfontein
	Johannesburg, 2001
Postal address:	P.O. Box 31533, Braamfontein, Johannesburg, 2017
Telephone:	+27 10 023 5200
Website:	www.justice.gov.za/inforeg/
Email (complaints):	complaints.IR@justice.gov.za
Email (general enquiries):	inforeg@justice.gov.za

 

 

5. PROCEDURE FOR OBTAINING ACCESS TO INFORMATION - PAIA

In accordance with PAIA Regulation 7, a request for access to information must be made in the prescribed form - Form 2 of Annexure A of the PAIA Regulations (“PAIA Form 2”) and submitted to the PAIA Information officer using SUPERSPORT INTERNATIONAL address, fax number or electronic mail address as indicated in section 2 of this manual. For your convenience, we attach a copy of PAIA Form 2 at section 11 of this manual. PAIA Form 2 can also be found at the following page on the Information Regulator’s website (https://www.inforegulator.org.za/docs2-f.html).

All required text fields in PAIA Form 2 must be completed in full and in a legible manner. The PAIA Form 2 (as well as any additional pages attached thereto) must be signed by the person submitting the form i.e. the requester.

Requesters must provide sufficient details to enable SUPERSPORT INTERNATIONAL to identify:

5.1.1	the record(s) requested;
5.1.2	the identity of the requester;
5.1.3	if an agent is lodging the request on behalf of a requester, the agent’s proof of capacity to act as agent for the requester, to the reasonable satisfaction of SUPERSPORT INTERNATIONAL;
5.1.4	which form of access required;
5.1.5	the postal address or fax number of the requester in the Republic;
5.1.6	the right the requester is seeking to exercise or protect. This must be accompanied by an explanation of why the requested record is required for the exercise or protection of that right;
5.1.7	if, in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, to state that manner and the necessary particulars to be so informed.

Once PAIA Form 2 has been submitted, the PAIA information officer will notify the requester if a prescribed fee (if any) is payable before further processing the request.

The PAIA information officer shall within 30 days after the request is received or after the particulars set out in 5.1.1 to 5.1.7 have been received, notify the requester whether the request has been granted/or refused, as well as provide the requester with any additional fees which may be levied. Such additional fees would be for the reproduction, preparation and time, reasonably required to search and prepare the disclosure. Please refer to section 6 of this manual for information about Prescribed Fees.

 

6. PRESCRIBED FEES

The following applies to requests under PAIA and POPIA:

• A requester is required to pay the prescribed fees as set out in Annexure B of the PAIA Regulations, 2021 (as amended) before a request will be processed.

• The information officer to whom a request for access is made shall by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

• If the preparation of the record requested requires more than the prescribed hours (six hours), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted).

• A requester may lodge an application with a court against the tender/payment of the request fee and/or deposit.

• Records may be withheld until all fees have been paid.

 

Reproduction fees may be levied at the discretion of SUPERSPORT INTERNATIONAL in accordance with reproduction costs, preparation and time required to search and prepare disclosures.

SUPERSPORT INTERNATIONAL will provide requesters with a written estimate of the fee before providing the services.

 

7. INFORMATION / DOCUMENTS AVAILABLE IN ACCORDANCE WITH OTHER LEGISLATION

SUPERSPORT INTERNATIONAL maintains records in accordance with the following legislation (please note that this is not an exhaustive list):

• Arbitration Act, 42 of 1965
• Basic Conditions of Employment Act, 75 of 1997
• Broad-Based Black Economic Empowerment Act, 53 of 2003
• Companies Act, 71 of 2008
• Compensation for Occupational Injuries and Diseases Act, 130 of 1993
• Consumer Protection Act, 68 of 2008
• Copyright Act, 98 of 1978
• Customs and Excise Act, 91 of 1964
• Electronic Communications Act, 13 of 2000
• Electronic Communications and Transactions Act, 25 of 2002
• Employment Equity Act, 55 of 1998
• Financial Intelligence Centre Act, 38 of 2001;
• Income Tax Act, 58 of 1962
• Insolvency Act, 24 of 1936
• Labour relations Act, 66 of 1995
• Occupational Health and Safety Act, 85 of 1993
• Pension Funds Act, 24 of 1956
• Protection of Personal Information Act, 4 of 2013
• Skills Development Act, 97 of 1998
• Skills Development Levies Act, 9 of 1999
• South African Reserve Bank Act, 90 of 1989
• Trade Marks Act, 194 of 1993
• Unemployment Insurance Act, 63 of 2001
• Unemployment Insurance Contributions Act, 4 of 2002
• Value-Added Tax Act, 89 of 1991
• Insurance Act 180 of 2017
• Short-Term Insurance Act 53 of 1999
• Long-Term Insurance Act 52 of 1998
• Financial Sector Regulation Act 9 of 2017

 

8. SUBJECTS AND CATEGORIES OF RECORDS HELD BY SUPERSPORT INTERNATIONAL

(Note: The lists below are not exhaustive)

8.1 Webpage

The SUPERSPORT INTERNATIONAL webpage (www.multichoice.com) accessible to anyone with access to the internet, has various categories of documents and other information.

8.2 Description of categories of records held

The documents/information listed in the table below pertain to the day-to-day management of the business of SUPERSPORT INTERNATIONAL. It is recorded that access to the documents listed in the table below may be protected by privacy or the grounds of refusal set out in PAIA. All requests for access to such information will be evaluated on a case by case basis in accordance with the provisions of PAIA and other applicable legislation.

 

Department:	Categories of documents / information
Company Secretary	• compliance with corporate governance • memorandum and articles of association • company register • shareholders agreements • share certificates • board meetings (attendance register, resolutions, minutes books): • delegations of authority • general correspondence
Administration	• suppliers • debtors and creditors • insurance policies • lease agreements • employees travel records • general correspondence
Finance	• invoices • credit/debit notes • journals, ledgers & balance sheets • income statements • trial balance statements • cash flow statements • tax invoices • salary information • auditors report • general correspondence
Human Resources	• employee's personal details • job profiles • division and cost centres • remuneration • medical aid • employee benefits • disciplinary records • job competency profile • employee performance contract • training records • internal policies and procedures • general correspondence
Legal	• contracts / agreements • litigation records • administration of legislation • general correspondence
Regulatory	• agreements • regulatory submissions • general correspondence
Marketing	• development of new products • advertising • general correspondence
Call Centre	• customer complaints/queries • customer liaison • compliment records • general correspondence

 8.3 Automatically available records

The records listed below are automatically available without having to submit a formal request to access the information in terms of PAIA:

• Public product information – freely available on the company website
• Public corporate records
• Broad-based black empowerment certificates
• Product information
• Published financial records which are generally available to the public

8.4 Section 52(2) notices

At this stage, no notices have been published.

 

9. POPIA

9.1 Description of personal information processing in terms of POPIA

SUPERSPORT INTERNATIONAL processes personal information in accordance with its Privacy and Cookie Notice, available on its ultimate parent company’s website (www.multichoice.com).

The MultiChoice Group’s Privacy and Cookie Notice sets out, among other things:

• the purpose of the processing;

• a 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 flows of personal information; and

• general description allowing a preliminary assessment of the suitability of the information security measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information which is to be processed.• general description allowing a preliminary assessment of the suitability of the information security measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information which is to be processed.

9.2 Request for access to personal information - s23 POPIA

Section 23(1) of POPIA (read with section 53 of PAIA), provides that a data subject has the right to request confirmation from a responsible party (as defined in section 1 of POPIA e.g. SUPERSPORT INTERNATIONAL) whether the responsible party holds personal information about them. Such confirmation is provided free of charge. However, the data subject must first provide adequate proof of their identity before such confirmation may be provided.

In terms of section 23(2) of POPIA, a data subject may request from the responsible party a copy of the record or a description of their personal information held by the responsible party. For such requests, in accordance with section 25 of POPIA, data subjects must use PAIA Form 2 (a copy of which is attached at section 11 of this manual). For guidance regarding how to complete PAIA Form 2 refer to section 5 of this manual. Alternatively, log a privacy query on our website (www.multichoice.com). For information about prescribed fees payable for information requested, see section 6 of this manual.

Please note that the correct completion and submission of the PAIA Form 2 or a query on our website does not automatically entitle or allow the requester access to the requested record. An application for access to a record in terms of section 23 of POPIA is subject to certain limitations if the requested record falls within a category as specified in section 23(4)(a) of the POPIA read with Part 3 Chapter 4 of PAIA.

Take note further that if it is reasonably suspected that a requester has obtained access to a record based on the submission of materially incorrect, false or misleading information, legal proceedings may be instituted against such requester.

9.3 Correction of personal information – s24 POPIA

Where a responsible party holds personal information of a data subject, the data subject is entitled to request the responsible party to correct or delete the record of their personal information if such record is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or which the responsible party is no longer authorised to retain in terms of section 14 of POPIA.

Such requests must be made using the prescribed POPIA Form 2 and submitted to the POPIA Information Officer using the contact details in section 2 of this manual. See the Information Regulator’s website for more details. Alternatively, log a privacy query on the MultiChoice Group website (www.multichoice.com).

9.4 Objection to processing of personal information – s11(3) POPIA

A data subject may at any time object to the processing of their personal information on the grounds provided for in section 11(3)(a) to 11(3)(b) of POPIA.

Such objection must be made using the prescribed POPIA Form 1 and submitted to the POPIA Information Officer using the contact details in section 2 of this manual. See the Information Regulator’s website for more details. Alternatively, log a privacy query on the MultiChoice Group website (www.multichoice.com).

 

10. SECTION 26 OF THE COMPANIES ACT

As per Companies Regulation 24(1), any right of access of any person to any information contemplated in section 26 of the Companies Act must be exercised in accordance with the provisions of PAIA.

Requests in terms of section 26 of the Companies Act as read with Regulation 24 of the Companies Regulations, 2011 must be made using the prescribed COR 24 Form, a copy of which can be found at section 13 of this manual.

The fully completed COR 24 Form must be submitted to SUPERSPORT INTERNATIONAL either in hard copy at the company’s physical address set out in section 2 of this manual, or electronically to the following email address: cosec@multichoice.com

10.1 Beneficial holders of securities

If you are a holder of a beneficial interest in any securities issued by SUPERSPORT INTERNATIONAL, you are entitled to inspect (at no charge) or copy (upon payment of the prescribed fee), the company records listed in section 26(1) of the Companies Act.

10.2 Persons who are not beneficial holders of securities

If you are not a holder of a beneficial holder of the securities of SUPERSPORT INTERNATIONAL, then in terms of section 26(2) of the Companies Act, you are entitled to inspect or copy upon payment of a prescribed fee:

10.2.1	the securities register of a profit company; or
10.2.2	the register of directors of a company.

 

11. PAIA FORM OF REQUEST (FORM 2)

Open form.

 

12. OUTCOME OF REQUEST AND FEES PAYABLE (FORM 3)

Open form.

 

13. COR 24 FORM

Open form.