1. INTRODUCTION
1.1 The Promotion of Access to Information Act 2 of 2000 (hereinafter referred to as the “Act”) gives effect to the constitutional right of access to any information held by the state and any information that is held by another person and that is required for the exercise or protection of any rights, as set out in section 32 of Constitution of the Republic of South Africa 108 of 1996.
1.2 The Act recognises that the right to access is subject to justifiable limitations, for example the reasonable protection of privacy, commercial confidentiality and good governance.
1.3 The Blue Bulls Company is committed to the principles of transparency, accountability and effective governance.
1.4 The purpose of this manual is to assist a requester with the process of requesting access to information held by the Blue Bulls Company, subject to the relevant limitations.
2. APPLICATION
2.1 This Manual applies to information and records under the control of the Blue Bulls Company and the release of any such information or records.
2.2 The Manual is useful for the public to –
2.2.1 Check the categories of records held by the Blue Bulls Company which are available without a person having to submit a formal PAIA request;
2.2.2 Ascertain which process has to be followed to make a request for access to a record of the Blue Bulls Company;
2.2.3 Know the description of the records of the Blue Bulls Company which are available in accordance with any other legislation;
2.2.4 Obtain the contact details of the Information Officer and Deputy Information Officer;
2.2.5 Know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
2.2.6 know if the Blue Bulls Company will process personal information and for which purpose the information will be processed;
2.2.7 know the recipients or categories of recipients to whom the personal information may be supplied;
2.2.8 know if the Blue Bulls Company has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and
2.2.9 know whether the Blue Bulls Company has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.
3. INFORMATION OF THE BLUE BULLS COMPANY [SECTION 51(1)(a) OF THE ACT]
| Chief Executive Officer | Edgar Olckers Rathbone |
| Appointed Information Officer | Willemien Van der Merwe |
| Deputy Information Officer | Wessel Strydom |
| Physical Address | Loftus Versfeld Stadium, Kirkness Street, Sunnyside, Pretoria, 0002 |
| Postal Address | PO Box 27856, Sunnyside, 0132 |
| Telephone Number | 012 4200700 |
| Website | www.bullsrugby.co.za |
| Email Address | edgar@bluebull.co.za |
| General email address for access to information | info@bluebull.co.za |
4. GUIDE PUBLISHED BY THE HUMAN RIGHTS COMMISSION [SECTION 51(1)(b) OF THE ACT]
4.1 The Act grants a requestor 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.
4.2 Requests for information must be made in accordance with the prescribed procedures and at the rates as provided in sections 6 and 7 of the Act.
4.3 A revised guide on how to use the Promotion of Access to Information Act 2 of 2000 referred to in section 10 of the Act was published by the Human Rights Commission on 5 September 2021.
4.4 Members of the public can inspect or make copies of the guide from the offices of the Blue Bulls Company or the office of the Regulator, during normal working hours.
4.5 The guide can also be obtained –
4.5.1 Upon request to the Information Officer;
4.5.2 From the website of the regulator (https://www.justice.gov.za/inforeg/)
4.6 A copy of the guide is also available in Afrikaans and English for public inspection during normal office hours at the office of the Information Officer of the Blue Bulls Company.
4.7 The contact details of the Commission are:
| Body | The Information Regulator of South Africa |
| Information Officer | Mr. Mosalanyane Mosala |
| Telephone Number | +27 (0) 10 0235207 |
| NtoRikhotso@justice.gov.za | |
| Website | www.justice.gov.za |
| Physical Address | JD House
No. 27 Siemens Street Braamfontein Johannesburg 2001 |
| Postal Address | PO Box 31533
Braamfontein Johannesburg 2017 |
5. VOLUNTARY DISCLOSURE [SECTION 52(1) AND SECTION 51(2)]
5.1 No submissions have been made to the Minister and no records held by the Blue Bulls Company are automatically available without a person having to request access in terms of the Act.
5.2 No notices have been published on the categories of records that are automatically available without a person having to request access in terms of section 52(2) of the Act.
5.3 Any person requiring information held by the Blue Bulls Company, must request access thereto in terms of the Act.
6. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION [SECTION 51(1)(d)]
The following legislation creates the obligation to keep certain records:
- Constitution of the Republic of South Africa 108 of 1996
- Copyright Act 98 of 1978
- Electronic Communications Act 36 of 2005
- Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002
- Financial Intelligence Centre Act 38 of 2001
- Identification Act 58 of 1962
- Intellectual Property Laws Amendment Act 38 of 1997
- Pension Funds Act 24 of 1956
- Prevention of Organised Crime Act 121 of 1998
- Promotion of Access to Information Act 2 of 2000
- Protection of Personal Information Act 4 of 2013
- Companies Act 71 of 2008
- Value Added Tax Act 89 of 1991
- Income Tax Act 95 of 1967
- Broad Based Black Economic Empowerment Act 53 of 2003
- Basic Conditions of Employment Act 75 of 1997
- Labour Relations Act 66 of 1955
- Skills Development Act 97 of 1998
- Unemployment Insurance Act 63 of 2001
- Employment Equity Act 55 of 1998
- Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
- Occupational Health and Safety Act 85 of 1993
- Safety at Sports and Recreational Events Act 2 of 2010
- National Health Act 61 of 2003
- National Sport and Recreation Act 110 of 1998
Although we have used our best endeavours to supply a list of applicable legislation, it is possible that this list may be incomplete. If a Requester believes that a right of access to a record exists in terms of other legislation, the Requester is required to indicate what legislative right the request is based on to allow the Information Officer the opportunity of considering the request in the light thereof.
7. RECORDS HELD BY BLUE BULLS COMPANY [SECTION 51(1)(e)]
The information held by the Blue Bulls Company are divided into different categories. The categories of information are not exhaustive, but are merely meant to give a broad indication of the information held by the Blue Bulls Company.
The Act makes provision for the automatic disclosure of certain records. These records need not be formally requested from the Blue Bulls Company since they are automatically available from our website www.bullsrugby.co.za.
The following are categories of records automatically available:
| FOR INSPECTION IN TERMS OF SECTION 52(1)(a)(i) | Product Information for example events calender, suites and season tickets sales, online merchandise store, other offerings by the Blue Bulls Company. |
| PUBLIC PLAYER AND EMPLOYEE PROFILES | As displayed on the webiste www.bullsrugby.co.za |
| For copying ito section 52(1)(a)(ii) | Annual Reports |
| Available free of charge in terms of section 52(1)(a)(iii) | Media Releases |
Records held by the Blue Bulls Company which are not automatically available and which can be requested are listed below. Ease request for information will be dealt with on a case-by-case basis and the mere fact that a record is listed below does not mean that access to that record will be granted.
| COMPANIES ACT RECORDS | Company registration documents
Memorandum of Incorporation Register of Directors Minutes of meetings of the Board of Directors Minutes of meetings of Shareholders Share Certificates Share Register and other statutory registers and/or records and/or documents Auditors Prescribed Officers Company Secretary Legal Compliance Records BBBEE Certificate |
| FINANCIAL RECORDS | Accounting Records
Annual Financial Statements Auditors’ Reports Details of Auditors Asset Registers Bank Statements Banking details and account details Debtors/creditors statements and invoices General ledgers and subsidiary ledgers Invoices Tax returns |
| INCOME TAX RECORDS | PAYE Records
VAT Records UIF Records Workmen’s Compensation records Regional Services Levies records Skills Development Levies records Employment Tax Incentive details Documents issued to employees for income tax purposes Records of payments made to SARS on behalf of employees All other statutory compliances/records |
| PERSONNEL DOCUMENTS AND RECORDS | Attendance registers
Disciplinary codes and procedures Policy documents Disciplinary records Employment contracts Employment Equity Plan Leave records Particulars of personnel Records of time worked by employees Employee registers Salary records Training manuals Training records Accident records Address lists Forms and applications Medical aid records Payroll reports Pension fund records Salary records SETA records Letters and notices Workplace and Union agreements and records |
| SPONSOR, SUPPLIER AND SERVICE PROVIDER RECORDS | Registration information
Contracts Confidentiality agreements and non-disclosure agreements Delivery records Financial and accounting information Contact information Consents List of suppliers, products, services, etc. Policies and procedures |
| MARKETING DEPARTMENT | Advertising and promotional material |
| SALES DEPARTMENT (SUITES, OFFICES, TICKETING, ETC.) | Customer details
Credit records Information and records provided by third parties |
| CORPORATE SOCIAL INVESTMENT | Applications for funding
CSI project details |
| ASSETS | All asset registers – fixed and movable |
| FACILITIES | Lease Agreements and other agreements and related information relating to the lease of the stadium premises or a portion thereof or the purchase or sale or hire of assets |
8. PROCESSING OF PERSONAL INFORMATION
8.1 Purpose of Processing Personal Information
The Blue Bulls Company will use your personal information only for the purposes for which it was collected or agreed with you, for example:
8.1.1 To provide tickets and goods to you or to rent a suite or other premises to you or to otherwise carry out the transaction you requested and to maintain our relationship;
8.1.2 To fulfil our obligations to you – contractual or otherwise;
8.1.3 To conduct credit reference searches or verification;
8.1.4 To confirm and verify your identity;
8.1.5 For operational purposes;
8.1.6 For the detection and prevention of fraud, crime, money laundering or other malpractice;
8.1.7 For debt tracing or debt recovery;
8.1.8 To conduct market or customer/supporter satisfaction research and furnish you with marketing and promotional material related to our business or the business of our sponsors and suppliers. We will not send you marketing and promotional material unless you have chosen to op-into them, but we may send you one message asking you to opt-into promotional messages without you having opted-into promotional messages;
8.1.9 For statistical analysis;
8.1.10 For audit and record keeping purposes;
8.1.11 To send administrative messages and email updates to you;
8.1.12 In connection with legal proceedings.
8.2 Description of the categories of Data Subjects and of the information or categories of information relating thereto
|
Categories of Data Subjects |
Personal Information that may be processed |
| Customers / Supporters / Clients | Identifying information – name, date of birth, identity number, registration number, etc.;
Contact information – phone number and email address; Address information – physical address, postal address, registered address; Demographic information – gender, marital status; Financial information – back account details and credit records/checks; Medical information – information about your physical health for example to make provision for disabled access to the Stadium; Criminal information – criminal background checks and related legal proceedings and information. |
| Service Providers | Identifying information – name, date of birth, identity number, registration number, etc.;
Contact information – phone number and email address; Address information – physical address, postal address, registered address; Demographic information – gender, marital status; Financial information – back account details and credit records/checks; Medical information – information about your physical health for example to make provision for disabled access to the Stadium; Criminal information – criminal background checks and related legal proceedings and information. |
| Employees and Players | Curriculum Vitae;
Job application forms; References and interview notes; Photographs and videos; Offers and acceptances of employment; Your biographical information including your name, gender, date of birth, details of family members, nationality, fingerprints, etc.; Race and ethnicity information for the purposes of employment equity and transformation; Marital status; Your identification numbers, including government-issued identification number or passport information; Your performance information, including management metrics, appraisals, feedback; Policy acknowledgements or sign-off documents; Confirmations of employments and other disclosures; Trade union membership and political affiliation; Payroll information, including your salary details and bank account information; Communications and internet information like your correspondence and details of internet use held on or made through the Company’s systems; Information necessary to process any court orders regarding payment of debts (garnishee orders); Your contact information including your home and postal address, telephone number and email address; Benefit information (including pension fund or medical aid information); Beneficiary an emergency contact information; Information about severe allergies or health conditions that may require us to make special accommodations. |
8.3 The recipients or categories of recipients to whom the personal information may be supplied
|
Category of personal information |
Recipients or Categories of Recipients to whom the personal information may be supplied
|
| Identifying information for criminal checks | South African Police Services |
| Identifying information and qualifications for qualification verifications | South African Qualifications Authority or the various tertiary institutes in the country
|
| Identifying information and credit and payment history, for credit information | Credit Bureaus |
| Identifying information and banking details | Payrol administrators |
| Identifying information and banking details | Ticketing adminitrators |
| Identifying information and playing statistics | Media, SARU, third party statisticians and technical analysts |
| Identifying information and medical records | Medical officials, specialists, media (limited), SARPA, SARU, members of SARU, Compensation Commissioner |
| Identifying information and player performance records | Third party statisticians and technical analysts |
| Employee medical records | Compensation Commissioner |
| Photographs and videos | Media partners, sponsors and suppliers |
| Player and employee identifying informaiton | Government authorities, travel agencies, airlines, suppliers of travel and accommodation, insurance company |
| Employee identifying information and demographic information | Government authorities |
8.4 Planned transborder flows of personal information
Player and employee identifying information may be shared with third parties and government authorities outside of the borders of South Africa for travel and accommodation purposes and to perform their duties in terms of their employment contracts.
8.5 General description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information
The Company has implemented the following security safeguards to ensure the confidentiality and integrity of personal information under its care:
8.5.1 Restricted access control to offices;
8.5.2 Storage of hard copies of documents in lockable filing rooms and cabinets;
8.5.3 Firewalls;
8.5.4 Use of anti-virus and anti-malware solutions;
8.5.5 Regular updates of programs and systems;
8.5.6 Data encryption;
8.5.7 Use of strong passwords and the regular changing of passwords;
8.5.8 Staff training.
9. HOW TO MAKE A REQUEST FOR ACCESS TO RECORDS HELD BY THE BLUE BULLS COMPANY [SECTION 51(1)(e)]
9.1 Access to information held by the Blue Bulls Company is not automatic and may be refused on any of the grounds for refusal contemplated in Chapter 4 of the Act.
9.2 The Requestor must identify the right it is seeking to exercise or protect and explain why the record requested is required for the exercise or protection of that right. All procedural requirements must be met.
9.3 The following procedure must be followed when requesting information and/or documents:
9.3.1 The request must be sent in the prescribed form attached hereto as Annexure “A”.
9.3.2 The Request must be submitted to the Information Officer and sent to the address or electronic mail address as set out in paragraph 3 of this Manual.
9.3.3 The Requestor must provide proof of identity of the person requesting the record.
9.3.4 If the request is made on behalf of another person, the Requestor must provide proof of the capacity in which he/she/it is making the request.
9.3.5 The Requester must provide sufficient detail on the form to enable the Information Officer to identify the record requested.
9.4 The Act provides for two types of fees payable on the request of records, namely:
9.4.1 A request fee, which is an administration fee payable by all Requesters before the request will be considered. This request fee is non-refundable.
9.4.2 An access fee, which is payable by all Requesters in the event that a request for access to information is granted. This fee will include the costs incurred in obtaining and preparing a record for delivery to the Requestor.
The fees are set out in Annexure “B” hereto.
9.5 Once a request is made, the Requestor will receive notice from the Blue Bulls Company to pay the prescribed request fee.
9.6 The prescribed request fee must be paid before the request will be processed.
9.7 Payment of the request fee should be made as directed by the Information Officer.
9.8 After receiving payment of the request fee the Blue Bulls Company will make a decision in respect of the request and will notify the Requestor of the decision.
9.9 Should the request be refused, the Requestor may lodge an application or appeal against the refusal of the request or payment of the requested fee and this will be advised in the notice to be sent to the Requestor (in terms of section 54(3) of the PAIA Act).
9.10 If the request is granted then the Requestor might be required to pay a further access fee for the search, reproduction and preparation of the record as well as for the time that has exceeded the prescribed hours to search and to prepare the record for disclosure to the Requestor (in terms of section 54(6) of the PAIA Act).
9.11 The fee schedule can also be downloaded from the Department of Justice and Constitutional Development’s website at justice.gov.za.
10. CONFIDENTIALITY OF INFORMATION
The Blue Bulls Company is committed to protection the confidentiality of information provided to it by third parties, subject to its obligations to disclose such information in terms of any applicable legislation or a court order.
If access is requested to a record that contains information about a third party or information provided to the Blue Bulls Company by a third party, then the Blue Bulls Company shall attempt to contact the third party to obtain its consent for the disclosure of the information.
The third party’s consent or denial of access to its information will be taken into consideration by the Information Officer in determining whether access should be granted to the Requester or not.
11. AVAILABILITY OF THE MANUAL
11.1 A copy of this manual is available at –
11.1.1 www.bullsrugby.co.za;
11.1.2 Office of the Blue Bulls Company (Pty) Ltd for inspection during normal business hours;
11.1.3 To any person upon request and upon the payment of a reasonable prescribed fee; and
11.1.4 To the Information Regulator upon request.
11.2 A fee for a copy of the manual, as contemplated in Annexure “B” of the Regulations, shall be payable.\