MICHELIN TYRE COMPANY SOUTH AFRICA (PTY) LTD.
PAIA MANUALThis manual is prescribed by the Promotion of Access to Information Act 2 of 2000
andThe Protection of Personal information Act of 2013

Effective Date: 15th of July 2022

Introduction to PAIA and MICHELIN
The Promotion of Access to Information Act, 2000 is a freedom of information law in South Africa. It
gives the constitutional right of access to any information held by the State and any information held byprivate bodies that is required for the exercise and protection of any rights.
In order to promote effective governance of private bodies, it is necessary to ensure that everyone isempowered and educated to understand their rights.
Section 9 of the PAIA act recognises that such a right may have restrictions based on the types of accessthat may be requested. These restrictions include, but are not limited to:
1. Limitations aimed at reasonable protection of privacy, commercial confidentiality, and goodgovernance.
2. In a manner that balances the right to any other rights, including rights contained in theconstitution.

​1. MICHELINMICHELIN TYRE COMPANY SOUTH AFRICA (PTY) LTD. (“MICHELIN”) is a company based in Adcorp Place

102 Western Service Road Gallo Manor, Ext 6 Woodmead 2191.

1.1. Company Contact Details:
This section highlights the points of contact as designated by the company should a request be made inaccordance with PAIA.

1.1.1. Information Officer details
Email: michelinsa.privacy@michelin.com
Physical & Postal Address:

102 Western Service Road
Gallo Manor, Ext 6Woodmead2191

PO Box 803
Isando1600
Telephone number:+27 11 579 0300

2. The Act:
This section describes the rights to the requester under the Promotion of Access toInformation Act (PAIA) and the procedures to adhere to:
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. If a public body lodges a request, the public body must be acting in thepublic interest.
Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the ratesprovided. The Forms and Tariff are dealt with in paragraphs 6 and 7 of the Act.
Requesters are referred to the Guide in terms of Section 10 which has been compiled by the South
African Human Rights Commission (SAHRC), which will contain information for the purposes of
exercising Constitutional Rights. The Guide is available from the SAHRC.
The contact details of the Commission are:Postal Address:
Private Bag 2700, Houghton, 2041
Telephone Number: +27-11-877 3600
Fax Number:+27-11-403 0625
Website: www.sahrc.org.za

2.1. Applicable Legislation:
This section highlights applicable legislation that to:•
Basic Conditions of Employment Act No 75 of 1997•
Companies Act No 61 of 1973•
Employment Equity Act No 55 of 1998
•Labour Relations Act No 66 of 1995
•Regional Services Council Act No 109 of 1985
•Skills Development Levies Act No 9 of 1999
•Skills Development Act No 97 of 1998

••••
•

Unemployment Contributions Act No 4 of 2002
Unemployment Insurance Act No 63 of 2001
Value Added Tax Act No 89 of 1991
Intellectual Property Laws Amendment Act 2013
Occupational Health and Safety Act 85 of 1993

2.2. Company Documents
2.2.1. Schedule of Records:
This section highlights the various records that are kept with the company, their respective
retention periods and accessibility to the records:
Record Grouping

RecordLength of Time

Accessibility

General Business

Registration andPermanently

Not accessible

Records

Incorporation Documents
Permanently

Not accessible

Property Records

PermanentlyAccessible via PAIA process with justifiablereason.

Company Documents

PermanentlyAccessible via PAIA process with justifiablereasonTax Documents

Permanently

Accessible via PAIA process with justifiablereasonStaff Files – Employment

For length of employment

Accessible through PAIA processcontract, employee

and 5 years post

personal details, banking

termination/retirement/deatdetails, income tax

hPatents, trademark
registrations,
copyright
registrations

Staff Documents

numbers, etc.
Financial Business Records

Financial Statements

5 years

Accessible via PAIA process with justifiablereasonTax Returns and Filings

5 years

Accessible via PAIA process with justifiablereasons

Audit Reports

5 years

Accessible via PAIA process with justifiablereasonCash books

5 years

Accessible via PAIA process with justifiablereasonCharts of Accounts

5 years

Accessible via PAIA process with justifiablereasonSalaries/PAYE/UIF/SDL

5 years

Accessible via PAIA process with justifiablereasonBank Reconciliations

5 years

Accessible via PAIA process with justifiablereasonClient Account Details –5 years

Accessible via PAIA process with justifiablereason5 years

Accessible via PAIA process with justifiablereasonCompany Insurance

Permanently or for length

Detailsof insurance cover

Accessible via PAIA process with justifiablereason

Vehicle Insurance Details

Lifetime of vehicle plus 3

invoices, credit notes etc.
Bank records andstatements
Insurance Recordsyears
Vehicle Records

Registration Documents

Lifetime of vehicle plus 3
years

Financing Documents

Lifetime of vehicle plus 3
years

Policies

Policy Documents

Permanently

Accessible via PAIA process with justifiablereasonAccessible via PAIA process with justifiablereasons
Accessible via PAIA process with justifiablereasonsAccessible via PAIA process with justifiablereasons

2.3. Grounds for Refusal to access Records:
MICHELIN may refuse the request for Information and the basis thereof are noted below:
1. Mandatory protection of privacy of a third party that is a natural person.
2. Mandatory protection of Commercial information of a third party (e.g., trade secrets, financials,bound by confidentiality agreements.)
3. Mandatory protection of individuals and protection of property
4. Commercial Information the private body.
5. Request of information that is clearly frivolous or vexatious, or which involve unreasonable diversionof resources shall be refused.

2.4. Requestors:

There are two types of requestors:
a. Personal requestors
A personal requester is one who is seeking access to a recording containing personal information about
the requestor; MICHELIN shall assist with such request subject to the form of request.
b. Other requestors
This requestor is entitled to request access to information on their parties, however MICHELIN is not
obliged to do so unless lawfully bound by it, however, will review each request on a case-by-case basis.

2.5. Form of Request: (Section 51 (1) (e))
This section aims to highlight the process in which the requestor may go about requesting informationfrom MICHELIN:
To facilitate the processing of your request, kindly use the prescribed form in Annexure A of thismanual. Address your request to the Information Officer as indicated in section 2 of this document.
Provide sufficient details to enable MICHELIN to identify:(a)
The record(s) requested.
(b)
The requester (and if an agent is lodging the request, proof of capacity).
(c)
The form of access required.
(i)The postal address or fax number of the requester in the Republic.
(ii) If the requester wishes to be informed of the decision in any manner (in addition to written) and theparticulars thereof.
(d)
The right which the requester is seeking to exercise or protect, with an explanation of the reason
the record is required to exercise or protect the right.

2.6. Prescribed Fees: (Section 51 (1) (F))
MICHELIN reserves the right according to section 51 (1) (f) of the Act to charge a nominal fee. Pleaserefer to Annexure B.
The following applies to requests (other than personal requests):a.
A requestor is required to pay the prescribed fees (R50.00) before a request will be processed.
b.
If the preparation of the record requested requires more than the prescribed hours (six), adeposit shall be paid (of not more than one third of the access fee which would be payable if the request
were granted).

c.
A requestor may lodge an application with a court against the tender/payment of the request
fee and/or deposit; Records may be withheld until the fees have been paid.

3. Privacy
In accordance with the Protection of Personal Information Act of 2013, MICHELIN apply reasonablemeasures in accordance with the law in protecting Personal Information. In this process, we prescribe
to our privacy standards as described in our POPI Policy and will ensure that whilst we follow the rule oflaw as prescribed by the Promotion of Access to Information Act, we will ensure that all records aresecured during this process.

Annexure A: PAIA Request Form

Annexure B: Fees Structures