PAIA Manual

1. Company information

Matimba Yeru Energy (Pty) Ltd operates in the renewable-energy, electrical-infrastructure, solar photovoltaic, battery energy storage, embedded-generation, grid-compliance and lighting sectors.

2. Purpose of this Manual

This Manual is intended to assist members of the public to understand what records Matimba Yeru Energy may hold and how access to those records may be requested in accordance with PAIA.

In particular, this Manual provides information regarding:

• the contact details for requests for access to information;
• the categories of records that may be available without a formal PAIA request;
• records that may be maintained in accordance with other legislation;
• the subjects on which Matimba Yeru Energy holds records;
• the procedure for requesting access to records;
• the processing of personal information under POPIA;
• possible cross-border processing of personal information;
• general information-security measures used to protect personal information; and
• the remedies available where a requester is dissatisfied with a decision regarding access.

3. Information Officer

PAIA and POPIA place responsibility for access-to-information and personal-information compliance on the Information Officer of the company.

Any Deputy Information Officer formally designated by Matimba Yeru Energy will exercise only the duties and powers delegated to that person in accordance with PAIA and POPIA.

4. Guide on how to use PAIA

The Information Regulator has published a Guide explaining how PAIA may be used to exercise the constitutional right of access to information.

The Guide contains information regarding the objectives of PAIA and POPIA, the procedure for requesting records, applicable forms and fees, available remedies and the role of the Information Regulator.

The Information Regulator makes the Guide available in South Africa's official languages and provides the prescribed PAIA forms on its website.

Access the Information Regulator's PAIA resources ↗

5. Records available without a formal PAIA request

Certain records are made publicly available by Matimba Yeru Energy without requiring a formal PAIA request. Availability does not mean that every document of the same type is automatically available.

Records containing confidential, commercially sensitive, personal, privileged or otherwise protected information are not automatically available merely because they fall within a general category listed above.

6. Records maintained under other legislation

Matimba Yeru Energy may create, receive or retain records in accordance with South African legislation applicable to its activities.

Depending on the nature of the company's operations and the relevant record, such legislation may include:

• Companies Act 71 of 2008;
• Income Tax Act 58 of 1962;
• Tax Administration Act 28 of 2011;
• Value-Added Tax Act 89 of 1991;
• Basic Conditions of Employment Act 75 of 1997;
• Labour Relations Act 66 of 1995;
• Employment Equity Act 55 of 1998;
• Skills Development Act 97 of 1998;
• Unemployment Insurance Act 63 of 2001;
• Compensation for Occupational Injuries and Diseases Act 130 of 1993;
• Occupational Health and Safety Act 85 of 1993;
• Consumer Protection Act 68 of 2008, where applicable;
• Electronic Communications and Transactions Act 25 of 2002;
• Promotion of Access to Information Act 2 of 2000;
• Protection of Personal Information Act 4 of 2013;
• Electricity Regulation Act 4 of 2006, where applicable; and
• other legislation, regulations, standards and statutory requirements applicable to a particular project or activity.

Inclusion of legislation in this Manual does not imply that every provision of every listed Act applies to every activity undertaken by Matimba Yeru Energy.

7. Subjects and categories of records held

Matimba Yeru Energy may hold records relating to the following subjects:

The fact that a category of record is listed in this Manual does not mean that access to that record will automatically be granted. Each request is considered in accordance with PAIA.

8. How to request access to a record

A requester seeking access to a record of Matimba Yeru Energy under PAIA must complete the prescribed Form 2: Request for Access to Record and submit it to the Information Officer.

Because Matimba Yeru Energy is a private body, the requester must identify the right that the requester seeks to exercise or protect and explain why access to the requested record is required for the exercise or protection of that right.

A request should contain sufficient detail to enable Matimba Yeru Energy to identify:

• the requester;
• the record or records requested;
• the form in which access is required;
• the right that is intended to be exercised or protected;
• why the requested record is required for that purpose; and
• the preferred method by which the requester wishes to receive communications regarding the request.

The prescribed Form 2 is available from the Information Regulator.

Download the prescribed PAIA forms ↗

9. Fees

Fees prescribed under PAIA and its Regulations may be payable in connection with a request for access to records.

Where a prescribed request fee, access fee, reproduction fee, preparation fee or other permitted fee applies, the requester will be informed in accordance with PAIA before access is provided.

Matimba Yeru Energy does not set the statutory PAIA fee structure independently. Applicable fees are determined by the legislation and Regulations in force at the relevant time.

10. Consideration of requests

Matimba Yeru Energy will consider a properly submitted PAIA request in accordance with the requirements, time periods and procedures prescribed by PAIA.

Access may be granted in full, granted in part, or refused where a ground for refusal under PAIA applies.

Grounds for refusal may include, amongst others, protection of the privacy of third parties, commercial information, confidential information, safety and security information, privileged records and other information protected by PAIA.

11. Remedies and complaints

If a requester is dissatisfied with a decision regarding a PAIA request to a private body, the requester may have the right to lodge a complaint with the Information Regulator or approach a competent court in accordance with PAIA.

The Information Regulator provides the prescribed complaint forms and procedural guidance on its website.

12. Processing of personal information

Matimba Yeru Energy processes personal information for legitimate business, contractual, employment, regulatory, operational and legal purposes.

These purposes may include:

• responding to business and website enquiries;
• managing customer and supplier relationships;
• preparing quotations, proposals and agreements;
• delivering engineering, energy and lighting projects;
• project management and contract administration;
• employee and human-resource administration;
• financial, tax and accounting administration;
• health and safety management;
• regulatory and SSEG processes;
• security and information-technology administration;
• legal and regulatory compliance; and
• establishing, exercising or defending legal rights.

Further information about the company's processing of personal information is contained in our Privacy Policy.

13. Categories of data subjects

14. Recipients of personal information

Depending on the purpose and applicable legal requirements, personal information may be supplied to:

• employees and authorised representatives;
• customers and project participants;
• suppliers, contractors and subcontractors;
• professional advisers;
• banks, insurers, auditors and accountants;
• technology, cloud, email and hosting service providers;
• municipalities, Eskom and other electricity distributors where relevant;
• regulators and statutory authorities;
• revenue and labour authorities;
• law-enforcement agencies and courts where legally required;
• credit or verification providers where lawfully required; and
• other recipients where authorised by law or reasonably necessary for a legitimate business purpose.

15. Transborder flows of personal information

Matimba Yeru Energy uses technology and cloud service providers whose systems or infrastructure may operate outside South Africa.

Website and communications infrastructure currently may include Google Firebase, Resend and Microsoft 365. Personal information may therefore be processed or stored in jurisdictions outside South Africa as part of legitimate cloud-hosting, communications, security, backup or operational services.

Cross-border transfers of personal information will be managed in accordance with POPIA, including the requirements applicable to transfers of personal information outside the Republic.

16. Information-security measures

Matimba Yeru Energy takes reasonable technical and organisational measures intended to preserve the confidentiality, integrity and availability of personal information under its control.

Measures may include:

• access-control and user-permission mechanisms;
• authentication and credential controls;
• encrypted communications;
• secure cloud and email infrastructure;
• firewalls and endpoint-security measures;
• anti-malware and security-software controls;
• software and security updates;
• backup and recovery measures;
• logging and security monitoring;
• restricted administrative privileges;
• confidentiality obligations; and
• appropriate controls over operators and service providers.

Security measures are reviewed and adapted according to the nature of the information, reasonably foreseeable risks and available technological and organisational safeguards.

17. Availability of this Manual

A copy of this PAIA Manual is available:

• on the Matimba Yeru Energy website;
• at the company's head office for public inspection during normal business hours, subject to reasonable administrative and security arrangements;
• upon request to the Information Officer, subject to any prescribed fee that may lawfully apply; and
• to the Information Regulator where required.

18. Updating this Manual

Matimba Yeru Energy will review and update this Manual periodically to reflect material changes to the company, applicable legislation, categories of records, processing activities or regulatory requirements.

19. Information Regulator

20. Related legal information

This Manual should be read together with the company's Privacy Policy and Website Terms of Use.

Privacy Policy →Website Terms of Use →