Date of compilation: December 2011
Date of revision: December 2021
Watch Tower Bible and Tract Society of South Africa NPC
Registration Number 2006/022758/08
MANUAL
in terms of
Section 51 of
The Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)
(“the Act”) and the Protection of Personal Information Act, 2013
1. Introduction
WATCH TOWER BIBLE AND TRACT SOCIETY OF SOUTH AFRICA NPC (“Watch Tower”) is a non-profit company in terms of the Companies Act, No. 71 of 2008. Its registration number is 2006/022758/08. It is organized for religious purposes and its main object is to support and practice the religious beliefs of Jehovah’s Witnesses, which encompass acts of worship, witnessing, teaching, and public service based on a belief in Almighty God, Jehovah.
This manual has been produced by Watch Tower in compliance with:
- Section 51 of the Promotion of Access to Information Act, 2000 (”the Act”); and
- Regulation 4(c) proposed under Section 112(2) of the Protection of Personal Information Act (POPIA).
The purpose of this manual is to:
- provide information to those who wish to request records from Watch Tower in terms of the Act; and
- provide information on what personal information Watch Tower collects, how the information is used, who it is being shared with and how the information is being protected in terms of POPIA.
2. Contact Details
Watch Tower Bible and Tract Society of South Africa NPC
Information Officer: Ashley Gibson
Postal Address: Private Bag X2067, Krugersdorp 1740
Physical Address: 1 Robert Broom Drive, Rangeview, Krugersdorp 1739
Telephone: (011) 761-1000
Fax: (011) 761-1435
Email:
The Head of a Private Body fulfils the function of an Information Officer in terms of section 51 of the Act. Watch Tower has opted to appoint an Information Officer to assess requests for access to information as well as to oversee its required functions in terms of the Act. The Information Officer appointed in terms of the Act also refers to the Information Officer as referred to in POPIA. The Information Officer oversees the functions and responsibilities as required for in terms of both this Act as well as the duties and responsibilities in terms of section 55 of POPIA after registering with the Information Regulator.
3. The Act and Section 10 Guide
The Act grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.
Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the rates provided.
Requesters are referred to the Guide, which has been compiled in terms of section 10 of the Act by the South African Human Rights Commission (“SAHRC”), which contains information for the purposes of exercising Constitutional rights. The Guide is available on the SAHRC’s website at www.sahrc.org.za. The Information Regulator shall update and make available the Guide that has been compiled by the SAHRC.
From 1 July 2021, all power and responsibilities currently being performed by the SAHRC in terms of the Act will be taken over by the Information Regulator established in accordance with POPIA.
4. Records Automatically Available
At this stage, no notice has been published in terms of section 52(2) of this Act on the categories of records that are automatically available without a person having to request access in terms of the Act.
5. Applicable Legislation
Watch Tower keeps records in accordance with applicable legislation, which includes, but it is not limited to the following:
Companies Act, No. 71 of 2008
Constitution of the Republic of South Africa, 1996
Copyright Act, No. 98 of 1978
Customs and Excise Act, No. 91 of 1964
Electronic Communications Act, No. 36 of 2005
Electronic Communications and Transactions Act, No. 25 of 2002
Film and Publications Act, No. 65 of 1996
Income Tax Act, No. 58 of 1962
Leases of Land Act No. 18 of 1969
Occupational Health and Safety Act, No. 85 of 1993
Pharmacy Act, No. 53 of 1974
Protection of Personal Information Act, No. 4 of 2013
Value Added Tax Act, No. 89 of 1991
6. Schedule of Records
This section of the Manual sets out the records held by Watch Tower. The inclusion of any record in this section should not be taken to mean that such records will be made available. Certain grounds of refusal, as set out in the Act, may be applicable to a request for such records. In addition, records deemed confidential on the part of a third party, will necessitate permission from the third party concerned, in addition to the requirements set out in the Act.
PRIVATE RECORDS
- Financial records
- Operational records
- Databases
- Information technology
- Customer and supplier records
- Construction records
INTERNAL CORRESPONDENCE
- Production records
- Statutory records
- Internal policies and procedures
- Records held by officers of the entity
MEMBERS OF THE WORLDWIDE ORDER OF SPECIAL FULL-TIME SERVANTS OF JEHOVAH’S WITNESSES (“the Worldwide Order”) DOCUMENTS AND RECORDS
- Allowance records
- Leave records
- Personal information of the members of the Worldwide Order
- Records provided by a third party relating to members of the Worldwide Order
OTHER PARTY RECORDS
- Members of the Worldwide Order, customer, visitor, supplier or private records which are held by another party, as opposed to records held by Watch Tower
- Records held by Watch Tower pertaining to other parties, including without limitation, financial records, correspondence, contractual records and records provided by the other party
7. Processing of Personal Information
Watch Tower needs Personal Information relating to both individual and juristic persons in order to carry out its legitimate religious and organisational functions. The manner in which we process this information and the purpose for which it is processed is determined by Watch Tower.
- Purpose of the Processing: Watch Tower processes personal information in accordance with its legitimate religious interests and for a variety of purposes, including but not limited to the following:
- i. To protect the spiritual welfare of the data subjects;
- ii. To comply with legislative, regulatory, risk and compliance requirements or to fulfil reporting requirements;
- iii. For doctrinal, historical, or organizational purposes; and
- iv. Any additional purposes as may be notified to the data subjects or expressly authorised by the data subject.
- Categories of Data Subjects and Personal Information: See information provided in the “Schedule of Records” section of this Manual.
- Categories of Recipients of the Personal Information: Personal data may be sent, when necessary and appropriate, to any cooperating organisation of Jehovah’s Witnesses. Watch Tower will only disclose personal information to government authorities if Watch Tower is required to do so by law or if the data subject agrees to the disclosure.
- Planned Transborder Flows of Personal Information: Some cooperating organisations of Jehovah’s Witnesses may be located in countries whose laws provide different levels of data protection, which are not always equivalent to the level of data protection in South Africa. However, these cooperating organisations will use that data only in accordance with the Global Data Protection Policy of Jehovah’s Witnesses found on jw.org.
- Information Security Measures to Protect Personal Information: Watch Tower takes the security and confidentiality of personal data very seriously. Watch Tower uses up-to-date data storage and security techniques to protect personal information from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction, or accidental loss. All processors of personal data and any third parties Watch Tower engages to process personal information are obligated to respect the confidentiality of personal information. Watch Tower keeps personal data for only as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal reporting or document retention requirements.
8. Request Procedure
The requester must complete the prescribed form (Form C), available on the website of the SAHRC and/or on the website of the Information Regulator at the Department of Justice and Constitutional Development, and submit it together with the request fee, if applicable, using the information in the “Contact Details” section of this Manual.
The request must comply with section 53 of the Act, providing sufficient particulars to enable Watch Tower to identify:
- the record/s requested;
- the identity of the requester;
- the form of access required;
- the postal, email address or fax number of the requester in the Republic of South Africa;
- any additional manner, in addition to written, in which the requester wishes to be informed of the decision and its particulars;
- the right which the requester is seeking to exercise or protect with an explanation of the reason why the record is required to exercise or protect the right; and
- the capacity in which the requester is making the request on behalf of another person, and proof of the capacity to the reasonable satisfaction of the Information Officer.
No request, other than a personal request, will be processed without payment of the prescribed request fee. If the request is granted, an access fee will be charged and once paid, actual access to the records will be granted.
The requester will, subject to the provisions of the Act, be notified within 30 days of receipt of the request (or such extended period as provided for in this Act) whether the request is granted or refused.
If the request is refused, the Information Officer will notify the requester in writing and provide adequate reasons for the refusal and advise the requester of the right to appeal. If the requester paid a deposit, such deposit will be refunded.
9. Prescribed Fees
The fee structure is as appears from Annexure B of the Regulations Regarding the Promotion of Access to Information, 2021. The fee structure can be obtained on the SAHRC website and/or on the website of the Information Regulator.
As per section 54(7) of the Act, additional access fees may be applicable for document reproduction and time spent processing the request.
If the preparation of the record requested requires more than the prescribed hours (six), 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 requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit.
Records may be withheld until the access fees have been paid.
10. Grounds for Refusal of Access
Watch Tower may refuse, and in certain instances must refuse, access to records. These grounds include:
- protection of the privacy of a third party individual, including a deceased individual, where disclosure of such personal information would be unreasonable;
- protection of confidential information;
- protection of safety of individuals and protection of property;
- protection of records that constitute privileged information; and
- any other lawful basis for refusal.
11. Records Not Found
The Information Officer will take reasonable steps to locate a record, however if such record cannot be found, then the Information Officer will notify the requester by way of an affirmation or affidavit that access to the requested record cannot be provided. The affirmation or affidavit will include details of the steps taken to locate the record. If the record is found at a later stage, the Information Officer will provide the requester access to such record, unless access to the record is refused on the grounds set out in Grounds for refusal of access above.
12. Availability of the Manual
A copy of this Manual is available for public inspection by sending a request for a copy to the Information Officer as indicated in the “Contact Details” section of this Manual.
Full Names: Ashley Gibson
Information Officer For:
