PAIA Manual.

1. Overview

In the interests of compliance with the South African Promotion of Access to Information Act, BMW Motorrad South Africa offers you the opportunity to review the relevant manual prepared by the company; review the prescribed fees associated with requesting the information outlined in the manual, and to print a form to be completed and faxed to BMW South Africa should you wish to request this information. Request for access forms should be faxed to: 012 522 2209. Payment for these records should be made to BMW South Africa before a request for access can be fulfilled.

 

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2. Introduction

The COMPANY conducts business as a manufacturer, importer and exporter of motor vehicles, motorcycles, automotive components and lifestyle accessories for onward sale to dealers and/or customers.

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3. Company Contact Details

Persons designated/duly authorised persons:

Legal Services & Compliance Director: Charissa Hector

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Postal address:

PO Box 2955
Pretoria 0001

Street address:

1 Bavaria Avenue
Randjiespark Ext 17
Midrand 1685

Telephone numbers:

(012) 522-2232
(012) 522-3000

Electronic mail address:

legalservices@bmw.co.za

Payments should be made to:

BMW (South Africa) (Pty) (Ltd)

4. THE ACT

a.     The ACT grants a requester access to records of the COMPANY, 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.

b.     Requests in terms of the ACT shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff may be accessed under prescribed form and prescribed fees.

c.     Requesters are referred to the Guide to be compiled by the South African Human Rights Commission, which will contain information for the purposes of exercising Constitutional Rights. The contact details of the Commission are:


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Postal Address:

Private Bag 2700,
Houghton, 2041

Telephone Number:

+27-11-484 8300

Fax Number:

+27-11-484 0582

Website:

www.sahrc.org.za

5. Company Record Classification Key

Classification No.

1

Access

May be Disclosed

Classification

Public Access Document

Classification No.

2

Access

May not be Disclosed

Classification

Request after commencement of criminal or civil proceedings [s7]

Classification No.

3

Access

May be Disclosed

Classification

Subject to copyright

Classification No.

4

Access

Limited Disclosure

Classification

Personal Information that belongs to the requester of that information [s61]

Classification No.

5

Access

May not be Disclosed

Classification

Unreasonable disclosure of personal information of Natural person [s63(1)]

Classification No.

6

Access

May not be Disclosed

Classification

Likely to harm the commercial or financial interests of third party [s64(a)(b)]

Classification No.

7

Access

May not be Disclosed

Classification

Likely to harm the Company or third party in contract or other negotiations [s64(c)]

Classification No.

8

Access

May not be Disclosed

Classification

Would breach a duty of confidence owed to a third party in terms of an Agreement [s65]

Classification No.

9

Access

May not be Disclosed

Classification

Likely to promise the safety of individuals or protection of property [s66]

Classification No.

10

Access

May not be Disclosed

Classification

Legally privileged document [s67]

Classification No.

11

Access

May not be Refused

Classification

Environmental testing / investigation which reveals public safety/ environmental risks [s64(2); s68(2)]

Classification No.

12

Access

May not be Disclosed

Classification

Commercial information of Private Body [s68]

Classification No.

13

Access

May not be Disclosed

Classification

Likely to prejudice research and development information of the Company or a third party [s69]

Classification No.

14

Access

May not be Refused

Classification

Disclosure in public interest [s70]

6. Summary: Records Availability

Communications/Public Affairs Department
Subjects

Current Product Information

1)

Public Corporate Records

2)

Media Releases

3)

1) Classification No. 1, 4

2) Classification No. 1

3) Classification No. 1

Environmental Department
Subjects

Environmental Policy

1)

Environmental Records

2)

1) Classification No. 1

2) Classification No. 11, 14

Human Resources Division
Subjects

Employee Records

1)

Employment Contracts

2)

Personnel Guidelines, Policies and Procedures

3)

Employee Medial Records

4)

1) Classification No. 4, 5, 9

2) Classification No. 4, 5

3) Classification No. 12

4) Classification No. 4, 5, 8

Financial Division
Subjects

Audited Financial Statements

1)

Tax Records (Company & Employees)

2)

Motor Industry Development Programme Records

3)

Asset Register

4)

Management Accounts

5)

1) Classification No. 12

2) Classification No. 12

3) Classification No. 12

4) Classification No. 12

5) Classification No. 12

Corporate and Legal Services Division
Subjects

General Contract Documentation

1)

Company Guidelines, Policies and Procedures

2)

Trade Marks

3)

Statutory Records

4)

1) Classification No. 6, 12

2) Classification No. 12

3) Classification No. 3

4) Classification No. 12

Sales and Marketing Division
Subjects

Market Information

1)

Product Brochures

2)

Owner Manuals

3)

Field Records

4)

Performance Records

5)

Product Sales Records

6)

Marketing and Future Product Strategies

7)

Customer Information and Database

8)

Dealer Franchise Documents

9)

1) Classification No. 12, 13

2) Classification No. 1

3) Classification No. 4

4) Classification No. 4, 12

5) Classification No. 12

6) Classification No. 1

7) Classification No. 12

8) Classification No. 12

9) Classification No. 6, 7, 12, 13

Production/ Logistics
Subjects

Production Records

1)

1) Classification No. 12

Production Engineering
Subjects

Vehicle and Components Specifications

1)

Engineering Records

2)

1) Classification No. 12, 13

2) Classification No. 12, 13

Quality
Subjects

Quality Records

1)

1) Classification No. 12

7. Form of request

To facilitate the processing of your request, kindly:

i.    Use the prescribed form, available on the Website of the COMPANY at the following address www.bmw.co.za.
ii.    Address your request to the Legal Services Department.
iii.    Provide sufficient details to enable the COMPANY to identify:
a.    The record(s) requested;
b.    The requester (and if an agent is lodging the request, proof of capacity);
c.    The form of access required:
•    The postal address or fax number of the requester in the Republic;
•    If the requester wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof;
iv.    The right which the requester is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right.

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8. Prescribed Fees

The following applies to requests (other than personal requests):

i.    A requestor is required to pay the prescribed fees (R50.00) before a request will be processed;
ii.    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);
iii.    A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;
iv.    Records may be withheld until the fees have been paid.
v.    The Fee Structure is available on the website of the COMPANY, at the following address www.bmw.co.za

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9. Access to Prescribed Forms and Fees

  •   Prescribed Form: http://www.bmwgroup-media.co.za/legal/Prescribed_Form.doc
  •  Prescribed Fees: http://www.bmwgroup-media.co.za/legal/Prescribed_Fees.doc
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