LUCKY ISIBAYA (PTY) LTD
Registration Number: 2025/438148/07
PAIA AND POPIA MANUAL
[Prepared in accordance with Section 51 of the Promotion of Access to Information Act 2 of 2000 and Section 32 of the Protection of Personal Information Act 4 of 2013]
1
INTERPRETATION
1.1
In this document, unless inconsistent with the context, the following words (including their derivatives) have the following meanings, and defined words and phrases are indicated by means of the capitalisation of the first letter(s) of each defined word or phrase:
1.1.1
Data Subject – has the meaning ascribed to it in section 1 of POPIA, and may include course participants, competition entrants, prize winners, suppliers, service providers, employees, and any other person whose personal information is processed by Lucky Isibaya.
1.1.2
Information Officer – the designated Information Officer as described in this Manual.
1.1.3
Lucky Isibaya – Lucky Isibaya (Pty) Ltd (Registration Number: 2025/438148/07), a private company duly incorporated and registered in accordance with the company laws of the Republic of South Africa.
1.1.4
Manual – this document together with all of its annexures, as amended from time to time, and published in terms of section 51 of PAIA read with section 32 of POPIA.
1.1.5
PAIA – the Promotion of Access to Information Act 2 of 2000, as amended.
1.1.6
POPIA – the Protection of Personal Information Act 4 of 2013, as amended.
1.1.7
Regulator – the Information Regulator established in terms of section 39 of POPIA.
1.2
An expression which denotes:
1.2.1
any gender includes the other genders;
1.2.2
a natural person includes a juristic person and vice versa;
1.2.3
the singular includes the plural and vice versa.
1.3
The following forms are annexures to this Manual:
1.3.1
Annexure A – PAIA Form 2: Request for Access to Record.
1.3.2
Annexure B – POPIA Form 1: Objection to Processing of Personal Information.
1.3.3
Annexure C – POPIA Form 2: Request or Correction/Deletion of Personal Information.
2
PURPOSE OF MANUAL
2.1
This Manual is published in compliance with section 51 of PAIA and section 32 of POPIA.
2.2
The purposes of this Manual are to:
2.2.1
set out the contact details of Lucky Isibaya and its Information Officer;
2.2.2
describe the records held by Lucky Isibaya;
2.2.3
provide a guide to requesters on how to make a request for access to records in terms of PAIA;
2.2.4
inform Data Subjects of the categories of personal information processed by Lucky Isibaya, the purposes of such processing, and the rights of Data Subjects in terms of POPIA; and
2.2.5
ensure transparency in respect of how Lucky Isibaya manages information and personal data.
3
CONTACT DETAILS OF LUCKY ISIBAYA
3.1
The Information Officer of Lucky Isibaya is:
Name: Philip Christopher Melouney
Capacity: Director
Telephone number: +27 (0) 63 368 8195
Email address: info@luckyisibaya.co.za
Physical address: 5 Braemar Lane, Nottingham Road, 3280, KZN.
Postal address: 5 Braemar Lane, Nottingham Road, 3280, KZN.
Name: Philip Christopher Melouney
Capacity: Director
Telephone number: +27 (0) 63 368 8195
Email address: info@luckyisibaya.co.za
Physical address: 5 Braemar Lane, Nottingham Road, 3280, KZN.
Postal address: 5 Braemar Lane, Nottingham Road, 3280, KZN.
4
GUIDANCE ON PAIA AND POPIA
4.1
The Information Regulator has published a guide in each of the official languages of the Republic of South Africa. The guide contains information to assist members of the public in understanding how to exercise their rights of access to information under PAIA, as well as their rights as data subjects under POPIA.
4.2
Copies of the guide are available from the Information Regulator at the following contact details:
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
P.O. Box 31533, Braamfontein, Johannesburg, 2017
Telephone: +27 (0)10 023 5200
Email: inforeg@justice.gov.za
Website: https://inforegulator.org.za
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
P.O. Box 31533, Braamfontein, Johannesburg, 2017
Telephone: +27 (0)10 023 5200
Email: inforeg@justice.gov.za
Website: https://inforegulator.org.za
5
RECORDS HELD BY LUCKY ISIBAYA
5.1
Lucky Isibaya holds, or may in future hold, records in both electronic and physical form. The categories of such records are as follows:
5.1.1
Company records, including incorporation documents, memorandum of incorporation, company registers, records of directors and shareholders, minutes of meetings, and resolutions.
5.1.2
Financial and tax records, including accounting records, invoices, financial statements, bank records, tax returns, and related records kept in terms of the Income Tax Act No. 58 of 1962, the Value-Added Tax Act No. 89 of 1991, the Tax Administration Act No. 28 of 2011, and other applicable financial legislation.
5.1.3
Employment records (where applicable), including employment contracts, personnel files, payroll and leave records, workplace policies and procedures, and related records required to be kept in terms of the Basic Conditions of Employment Act No. 75 of 1997, the Labour Relations Act No. 66 of 1995, the Employment Equity Act No. 55 of 1998, and other applicable labour legislation.
5.1.4
Agreements and contracts, including agreements with customers, suppliers, service providers, business partners, and other third parties, whether in writing or electronic form.
5.1.5
Policies and procedures, including internal policies, codes of conduct, operational manuals, and compliance frameworks.
5.1.6
Customer and marketing records, including customer details, competition and promotional entry records, marketing preferences, and related correspondence.
5.1.7
Any records required to be kept in compliance with legislation applicable to Lucky Isibaya from time to time.
6
REQUEST FOR ACCESS TO RECORDS (PAIA)
6.1
A request for access to a record held by Lucky Isibaya must be made using the prescribed form attached as Annexure A.
6.2
A request must be submitted to the Information Officer at the contact details provided in this Manual, together with sufficient detail to enable the Information Officer to identify –
6.2.1
the record or category of records requested;
6.2.2
the identity of the requester and the right the requester is seeking to exercise or protect; and
6.2.3
the form of access required.
6.3
Requests must be accompanied by proof of identity (such as a certified copy of an identity document, driver's licence, or passport).
6.4
PAIA and the applicable regulations provide as follows in respect of fees payable:
6.4.1
A requester who is not a "personal requester" (i.e. a requester seeking access to their own personal information) must pay the prescribed request fee before the request will be processed.
6.4.2
If the request is granted, an access fee is payable for the reproduction of records, the time spent searching for and preparing records, and any delivery costs.
6.4.3
The prescribed fees are set out in the PAIA Regulations and are available on request from the Information Regulator or from Lucky Isibaya.
6.5
The Information Officer will process the request and notify the requester of the decision within 30 calendar days of receipt of a valid request. This period may be extended for a further period of not more than 30 days if the request is for a large volume of information or requires consultation with third parties.
6.6
Access to a record may be refused on the grounds set out in Chapter 4 of PAIA, including:
6.6.1
protection of the privacy of employees, business partners, suppliers, service providers, and any other third parties;
6.6.2
protection of commercial or confidential information;
6.6.3
protection of legally privileged records;
6.6.4
protection of safety and security; and
6.6.5
any other lawful ground of refusal.
6.7
If the request for access is refused, the requester will be notified in writing, with reasons for refusal, and informed of the remedies available in terms of Chapter 2 of PAIA, including the right to –
6.7.1
approach a court for appropriate relief in terms of section 82 of PAIA; and
6.7.2
lodge a complaint with the Information Regulator regarding the manner in which the request was dealt with.
6.8
At the date of this Manual, no notice has been published in terms of section 52(2) of PAIA identifying categories of records automatically available without request.
7
PROCESSING OF PERSONAL INFORMATION (POPIA)
7.1
Lucky Isibaya processes personal information strictly in accordance with the conditions for lawful processing set out in Chapter 3 of POPIA. These conditions may not be derogated from unless specific exclusions apply as outlined in POPIA.
7.2
Lucky Isibaya processes the personal information of both living and juristic people.
7.3
Lucky Isibaya will process personal information in the ordinary course of its business.
7.4
Personal information shall be processed for a number of reasons, including –
7.4.1
Operational purposes:
7.4.1.1
registering and administering course participants;
7.4.1.2
delivering and administering course content and assessments, and issuing certificates;
7.4.1.3
administering promotional competitions, including conducting prize draws and delivering prizes to winners;
7.4.1.4
communicating with course participants, competition entrants, suppliers, and service providers;
7.4.1.5
processing payments and complying with financial, tax, and accounting obligations; and
7.4.1.6
maintaining operational and administrative records in the ordinary course of business.
7.4.2
Marketing and promotional purposes:
7.4.2.1
providing information to Data Subjects regarding Lucky Isibaya's products, services, events, or promotions, subject to consent or as otherwise permitted under POPIA;
7.4.2.2
administering and recording marketing preferences of Data Subjects; and
7.4.2.3
with the consent of the Data Subject, disclosing personal information to business partners for marketing purposes, subject to the provisions of POPIA.
7.4.3
Regulatory and legal compliance purposes:
7.4.3.1
meeting reporting obligations to regulators, statutory bodies, or accrediting bodies where applicable;
7.4.3.2
complying with legislative requirements under, inter alia, the following:
(a) the Companies Act, No. 71 of 2008;
(b) the Income Tax Act, No. 58 of 1962;
(c) the Tax Administration Act, No. 28 of 2011;
(d) the Value-Added Tax Act, No. 89 of 1991;
(e) the Basic Conditions of Employment Act, No. 75 of 1997;
(f) the Labour Relations Act, No. 66 of 1995;
(g) the Employment Equity Act, No. 55 of 1998; and
(h) such other applicable legislation as may from time to time be in force.
(a) the Companies Act, No. 71 of 2008;
(b) the Income Tax Act, No. 58 of 1962;
(c) the Tax Administration Act, No. 28 of 2011;
(d) the Value-Added Tax Act, No. 89 of 1991;
(e) the Basic Conditions of Employment Act, No. 75 of 1997;
(f) the Labour Relations Act, No. 66 of 1995;
(g) the Employment Equity Act, No. 55 of 1998; and
(h) such other applicable legislation as may from time to time be in force.
7.5
Categories of Data Subjects whose personal information is processed include:
7.5.1
course participants;
7.5.2
promotional competition entrants;
7.5.3
suppliers and service providers; and
7.5.4
employees, where applicable.
7.6
Categories of personal information processed include:
7.6.1
identity information, including name, identity number, and date of birth;
7.6.2
information relating to race and language, which shall only be processed in accordance with section 26 of POPIA on the basis of the explicit consent of the Data Subject. The provision of such information shall be voluntary, and Data Subjects shall at all times have the option to decline to provide it;
7.6.3
contact details, including phone number, email address, and physical address;
7.6.4
educational records, including courses, assessments, and certificates;
7.6.5
financial and transactional information, including payment details, billing records, and related information processed securely through authorised service providers in compliance with applicable legislation;
7.6.6
competition entry data, including information provided by Data Subjects when entering promotional competitions (such as name, contact details, and responses to entry requirements).
7.7
Disclosure of personal information may be made to:
7.7.1
regulators and statutory bodies, where required by law;
7.7.2
service providers engaged by Lucky Isibaya to perform services on its behalf, subject to appropriate confidentiality and data protection obligations; and
7.7.3
authorised business partners, only where lawful and, in the case of direct marketing, strictly in accordance with the provisions of Clause 8 (Direct Marketing) below and the relevant provisions of POPIA.
7.8
Personal information may be transferred across the borders of the Republic of South Africa only in accordance with section 72 of POPIA, including where the recipient is subject to a law, binding corporate rules, or agreement providing adequate protection, or where the Data Subject has consented to the transfer.
7.9
Lucky Isibaya implements appropriate, reasonable technical and organisational measures to secure the integrity and confidentiality of personal information in its possession. These measures include, where appropriate, password-protected systems, restricted staff access, secure storage of paper records, encryption, and regular cyber-security monitoring.
7.10
Lucky Isibaya will retain personal information only for as long as necessary to achieve the lawful purpose for which it was collected, or as required by law:
7.10.1
student and course records will be retained for five years after completion;
7.10.2
financial and tax records will be retained for seven years; and
7.10.3
marketing information will be retained until consent is withdrawn, after which such data will be deleted or anonymised.
7.11
A Data Subject has the right, on reasonable grounds, to object to the processing of their personal information by completing the prescribed form attached as Annexure B. Where such objection is made, Lucky Isibaya shall no longer process personal information unless it is permitted or required to do so by law.
7.12
A Data Subject has the right to request the correction, destruction, or deletion of their personal information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or obtained unlawfully, by completing the prescribed form attached as Annexure C.
8
DIRECT MARKETING
8.1
Lucky Isibaya may process personal information for purposes of direct marketing, only in compliance with section 69 of POPIA.
8.2
Lucky Isibaya may process personal information provided that the Data Subject has consented, or where the Data Subject is an existing customer and the marketing relates to Lucky Isibaya's own similar products or services.
8.3
Lucky Isibaya may also disclose personal information to business partners for purposes of direct marketing provided that the Data Subject has given prior and informed consent.
8.4
Data Subjects may object at any time to the use of their personal information for direct marketing, and Lucky Isibaya will give effect to such objection.
8.5
All direct marketing communications will identify Lucky Isibaya as the sender and will include an unsubscribe facility, free of charge, enabling the recipient to opt out at any time.
9
AVAILABILITY OF MANUAL
9.1
This Manual is available for inspection at Lucky Isibaya's registered office and on its website.
9.2
A copy may be requested electronically from the Information Officer.
DATE: SEPTEMBER 2025