This area houses all our legal notices and documents. Importantly it houses the details, which we are required to give to you when we process your Personal Information.

Information officer and deputy information officer details

Information Officer

Name: Kabelo Sedupane
Address 3 Anerley Road, Parktown
Tel 0108248350
Email paia.requests@tshiamisotrust.com

Deputy Information Officer

Name Rhulani Mackaukau
Address 3 Anerley Road, Parktown
Tel 0108248350
Email: paia.requests@tshiamisotrust.com

Legal information

Legal information which applies when you use the Tshiamiso Trust website.

The Promotion of Access to Information Act (PAIA)

PAIA is legislation in the Republic of South Africa allowing access to any information held by the State, and any information held by private bodies that is required for the exercise and protection of any rights. It applies specifically to South Africa, but is part of the global drive towards freedom of information. The Act is enforced by the South African Information Regulator. Section 32(1)(a) of the Constitution of the Republic of South Africa, 1996, determines that everyone has a right of access to any information held by the State. Section 32(2) of the Constitution provides for the enactment of national legislation to give effect to this fundamental right. PAIA is the national legislation contemplated in section 32(2) of the Constitution. Section 9 of PAIA recognises that the right of access to information is subject to certain justifiable limitations aimed at, amongst others:
  1. the reasonable protection of privacy;
  2. commercial confidentiality;
  3. effective, efficient and good governance.
Commencement - 2001
Links to the Act and Regulations

Summary of PAIA & Guidelines

https://www.sahrc.org.za/home/21/files/Section%2010%20guide%202014.pdf

PAIA Manual


The Protection of Personal Information Act (POPIA)

POPIA aims to promote the protection of personal information processed by public and private bodies; ... to regulate the flow of personal information across the borders of the Republic; and to provide the owners of the personal information, known as data subjects, with details about what is being done with their personal information. The Act is enforced by the South African Information Regulator. Section 14 of the Constitution of the Republic of South Africa, 1996, states that everyone has the right to privacy, which includes the right not to have—
  1. their person or home searched;
  2. their property searched;
  3. their possessions seized; or
  4. the privacy of their communications infringed.
Commencement
  • 11 April 2014, Section 1, Part A of Chapter 5 (Sections 39 to 54), Sections 112 and 113 (Gazette 37544 if 11 April 2014)
  • 1 July 2020, Sections 2 to 38, Sections 55 to 109, Section 111, Section 114(1), (2) and (3) (Gazette 43461 of 22 June 2020)
  • 30 June 2021, Sections 110 and 114(4) (Gazette 43461 of 22 June 2020)
  • 1 July 2021, Section 58(2) (Gazette 44383 of 1 April 2021)
Links to the Act and Regulations
  • The Protection of Personal Information Act, 2013 (Act 4 of 2013)
  • The Protection of Personal Information Act: Regulations: Information register (English / Afrikaans), GG 42110, RG 10897, GoN 1383, 14 Dec 2018
  • Protection of Personal Information Act: Commencement of certain sections (English / Afrikaans), GG 43461, RG 11136, P 21, 22 Jun 2020.
  • Sections 2 to 38; 55 to 109; 111; and 114(1), (2) and (3) shall commence on 01 July 2020 and sections 110 and 114(4) shall commence on 30 June 2021.

Processing notices

Processing notices applicable to our websites

Operational Processing Notices as per section 18 of POPIA