PAIA Manual

PAIA MANUAL

Prepared in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (as amended)

Date of compilation:

Date of revision:

1. Definitions

1.1. The following terms shall have the meanings assigned to them hereunder and cognate expressions shall have the corresponding meanings, namely:

1.1.1. “the Act” or “PAIA” means the Promotion of Access to Information Act, 2 of 2000, as amended.

1.1.2. “Burstone” means Burstone Group Limited a public company incorporated in accordance with the laws of South Africa under registration number 2008/011366/06.

1.1.3. “Guide” means the Guide on How to use the Promotion of Access to Information Act 2 of 2000 as amended compiled by the Regulator in terms of section 10(1) of the Act.

1.1.4. “Information Officer” means the Information Officer as defined in the Act.

1.1.5. “Information Regulator” or “Regulator” means the Information Regulator established in terms of section 39 of POPIA.

1.1.6. “Manual” means this Promotion of Access to Information Manual.

1.1.7. “Minister” means the Cabinet member responsible for the administration of justice.

1.1.8. “POPIA” means the Protection of Personal Information Act, 4 of 2013, as amended.

2. Introduction

Burstone is a South African Real Estate Investment Trust (REIT) that was listed on the Johannesburg Stock Exchange (JSE) in 2011. Burstone pursues a tri-regional investment strategy, focused on building scale and relevance in its core geographies of South Africa, Australia and Europe.

The purpose of this Manual is to inform requesters of the procedural and other requirements which a request for information must meet as prescribed by the Act.

The Scope of this manual includes Burstone Group and its subsidiaries:

3. Key Contact Details for Access to Information of Burstone

3.1. Head of Private Body:

Name: Andrew Wooler

3.2. Information Officer:

Name: Sashnee Maistry

Telephone number: 072 372 8790

Email address: sashnee.maistry@burstone.com

3.3. Head Office:

Physical Address: 4 Sandown Valley Crescent, Sandown, Sandton, Johannesburg 2196, South Africa

Postal Address: 4 Sandown Valley Crescent, Sandown, Sandton, Johannesburg 2196, South Africa

4. The Promotion of Access to Information Act

4.1. 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.

4.2. Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the rates provided. The applicable forms and tariff are dealt with in paragraphs 6 and 7 of the Act.

4.3. Requesters are referred to the Guide, compiled by the Regulator, which contains relevant information for the purposes of exercising any right contemplated in the Act and POPIA.

4.4. In particular, the Guide contains the description of:

4.4.1. the objects of PAIA and POPIA;

4.4.2. the manner and form of a request for -

• access to a record of a private body under section 50;

4.4.3. the assistance available from the Regulator in terms of PAIA and POPIA;

4.4.4. all remedies available in law regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging:

• an internal appeal;

• a complaint to the Regulator (Form 5: Complaint Form ); and

• an application with a court against a decision by the information officer of a private body, a decision by the Regulator or a decision of the head of a private body;

4.4.5. the provisions of section 51 requiring a private body to compile a manual, and how to obtain access to the manual;

4.4.6. the provisions of section 52 providing for the voluntary disclosure of categories of records by a private body;

4.4.7. the notices issued in terms of sections 54 regarding fees to be paid in relation to requests for access; and 4.4.8. the regulations made by the Minister on matters such as prescribed fees payable and administrative and procedural matters etc. as laid out in section 92.

4.5. Members of the public can inspect or make copies of the Guide from the office of the Regulator during normal working hours.

4.6. The Guide can also be obtained:

4.6.1. upon request to the Information Officer by submission of the prescribed Form 1: Request for Copy of the Guide; and/or

4.6.2. from the website of the Regulator

5. Categories of Information available without formal requests under the Act

The following records are automatically available to any person requesting this information and it is therefore not necessary to apply for access thereto in terms of the Act:

• Burstone’s Annual Financial Statements

• All other information freely available on Burstone’s website

Requests for the above-mentioned records may be sent to any of the addresses provided under Contact Details above and copies are available for a fee as prescribed in Appendix 1.

5.1. Categories of Information available in accordance with other legislation

Records are available in terms of the following legislation:

• Basic Conditions of Employment Act, 75 of 1997;

• Companies’ Act, 71 of 2008;

• Compensation for Occupational Injuries and Disease Act, 130 of 1993;

• Competition Act, 89 of 1998

• Customs & Excise Act, 91 of 1964;

• Employment Equity Act, 55 of 1998;

• Labour Relations Act, 66 of 1995;

• Occupational Health and Safety Act, 85 of 1993;

• Skills Development Act, 97 of 1998;

• Trademarks Act, 194 of 1993;

• Unemployment Insurance Act, 63 of 2001;

• Value Added Tax Act, 89 of 1991.

6. Categories of Information available upon request

Burstone keeps, inter alia, records in terms of various regulatory requirements that have an impact on its operations. These records are not automatically available and any request for access thereto will be assessed in accordance with applicable internal policies and legislative requirements.

6.1. Companies Act Records:

6.1.1. Memorandum of Incorporation;

6.1.2. Records relating to the appointment of:

• Directors;

• Auditors;

• Company Secretary;

• Public Officer;

• Any other Officer.

6.1.3. Share Register and other statutory registers and/or records and/or documents.

6.2. Income Tax Act Records:

• Documents issued to employees for income tax purposes;

• All or any statutory compliances;

• Value Added Tax returns;

• Regional Services Levies;

• Skills Development Levies;

6.3. Information Management and Technology

• Security and CCTV footage

• Marketing brochures and materials

6.4. Administration

• Policies and procedures

• Internal correspondence not classified as confidential

• Risk, security and insurance records, operational records

6.5. Third-Party Records:

6.5.1. Records held by Burstone pertaining to third parties, including, but not limited to, financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about any contractors and/or suppliers;

6.5.2. Records held by Burstone pertaining to contractors, subsidiary companies, joint venture companies, special purpose vehicle companies and service providers. In cases where information requested by the requester may impact on a third party, the Information Officer is obliged to comply with the requirements as set out in terms of the Act (especially sections 71 to 73 of the Act).

7. Grounds for Refusal of Access to Records (Part 3, Chapter 4 of the Act)

Apart from section 7 of the Act, and subject to section 70 of the Act, the main grounds for Burstone to refuse a request for information as contemplated by the Act relates to:

7.1. Protection of the privacy of a third party, if that third party is a natural person, which would involve the unreasonable disclosure of personal information of that natural person (section 63 (1));

7.2. Protection of commercial information of a third party as defined by the Act, if the record contains:

• trade secrets of that third party;

• financial, commercial, scientific or technical information other than trade secrets of a third party;

• the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party;

• information disclosed in confidence to Burstone by a third party, the disclosure of which could put that third party at a disadvantage in contractual or other negotiations or would prejudice that third party in commercial competition (section 64). 7

7.3. Protection of confidential information if the disclosure would constitute a breach of a duty or confidence to a third party in terms of an agreement (section 65);

7.4. Protection of safety of individuals and protection of property (section 66);

7.5. Protection of records which would be regarded as privileged in any legal proceedings, unless the person so entitled to privilege waives the privilege (section 67);

7.6. Protection of commercial activities of Burstone, which includes but is not limited to:

• trade secrets of Burstone;

• financial, commercial, scientific or technical information, disclosure of which could cause harm to the financial or commercial interests of Burstone;

• information which, if disclosed, could put Burstone at a disadvantage in negotiations or commercial competition; • a computer programme owned by Burstone, and which is protected by copyright (section 68);

7.7. The research information of Burstone or a third party on behalf of Burstone if the disclosure would expose the third party, Burstone, the researcher or the subject matter of the research to serious disadvantage (section 69).

7.8. The requester must pay the prescribed fee (if applicable) before any further processing can take place.

8. Procedure for Request for Access (sections 53 to 57 and 60 of the Act)

8.1. In relation to requests for access to information laid out in paragraph 6 above, the requester must comply with all the procedural requirements as set out in the Act, relating to the request for access to a record.

8.2. The requester must complete the prescribed Form 2: Request for Access to Record and submit same together with payment of the request fee (if applicable) and a deposit (if an access fee is applicable) to the Information Officer at the postal or physical address or electronic mail address under Contact Details above.

Prescribed fees for a request are listed in Appendix 1.

8.3. The prescribed form must be completed with sufficient detail so as to enable the Information Officer to identify:

• The records requested;

• The identity of the requester;

• Which form of access to the records is required, should the request be granted;

• The postal address and email address of the requester.

8.4. The requester must explain what other right is being protected or exercised.

8.5. The requester must indicate if the requester, in addition to being informed in writing whether access to the record has been granted, wishes to be informed of the decision of the request in any other manner.

8.6. If the request is made on behalf of another person, then the requester must submit proof of the capacity in terms of which the requester is making the request, to the reasonable satisfaction of the Information Officer.

8.7. Should an individual be unable to complete the prescribed form because of illiteracy, disability or any other reason, such individual may submit such request orally to the Information Officer.

9. Applicable Time Periods

9.1. Burstone will inform the requester within 30 days after receipt of the request of its decision whether to grant the request.

9.2. The 30-day period may be extended by a further period of not more than 60 days in total if the request is for a large number of records or requires a search through a large number of records and compliance with the original period would unreasonably interfere with the activities of Burstone, or the records are not located at Burstone, or consultations amongst divisions and/or subsidiaries of Burstone or another private body are required.

10. The Outcome of a Request (Granting or Refusing)

10.1. Should the request be granted, the notice will state the access fee (if any) to be paid upon access, the form in which access will be given and further that the requester may lodge an application with a Court against the access fee to be paid or the form of access granted, and the procedure for lodging such application.

10.2. Should the request be refused, the notice will state adequate reasons for the refusal, including the provisions of the Act, relied upon; and that the requester may lodge an application with a Court against the refusal of the request, and the procedure (including the time period) for lodging the application.

11. Remedies Available for Refusal of a Request for Information (Part 4 of the Act)

11.1. Burstone does not have internal appeal procedures and as such, the decision made by the Information Officer is final.

11.2. Should the requester be dissatisfied with the Information Officer’s decision to refuse access, that person may within 30 days after notification of the refusal apply to a Court for the appropriate relief.

11.3. Should a third party be dissatisfied with the Information Officer’s decision to grant a request for information relating to that third party, it (the third party) may within 30 days of notification of such decision, apply to a Court for the appropriate relief.

12. Availability of the Manual

A copy of the Manual is available -

12.1. on Burstone’s website

12.2. from the Information Regulator upon request

13. Updating of the Manual

The Information Officer of Burstone will, in his/her sole and absolute discretion, effect such updates to the Manual as and when deemed appropriate.

Issued by

_______________________________________

Sashnee Maistry

Information Officer

Appendix 1

Prescribed Fees