PROTECTION OF PERSONAL INFORMATION (POPI) MANUAL OF MALHERBE ATTORNEYS AND CONVEYANCERS

Legislation

Document Type

Period

Companies Act of 2008

• Any documents, accounts, books, writing, records or other information that a company is required to keep in terms of the Act;
• Notice and minutes of all shareholders meeting, including resolutions adopted and documents made available to holders of securities;
• Copies of reports presented at the annual general meeting of the company;
• Copies of annual financial statements required by the Act;
• Copies of accounting records as required by the Act;
• Record of directors and past directors, after the director has retired from the company;
• Written communication to holders of securities and
• Minutes and resolutions of directors’ meetings, audit committee and directors’ committees.

7 Years

Companies Act of 2008

• Registration certificate;
• Memorandum of Incorporation and alterations and amendments;
• Rules;
• Securities register and uncertified securities register;
• Register of company secretary and auditors and
• Regulated Companies (companies to which chapter 5, part B, C and Takeover Regulations apply) – Register of disclosure of person who holds beneficial interest equal to or in excess of 5% of the securities of that class issued.

Indefinitely

Consumer Protection Act

• Full names, physical address, postal address and contact details;
• ID number and registration number;
• Contact details of public officer in case of a juristic person;
• Service rendered;
• Cost to be recovered from the consumer;
• Frequency of accounting to the consumer;
• Amounts, sums, values, charges, fees, remuneration specified in monetary terms;
• Conducting a promotional competition refer to Section 36(11)(b) and Regulation 11 of Promotional Competitions;

3 years

Financial Intelligence Centre Act

• Whenever a reportable transaction is concluded with a customer, the institution must keep record of the identity of the customer;
• If the customer is acting on behalf of another person, the identity of the person on whose behalf the customer is acting and the customer’s authority to act on behalf of that other person;
• If another person is acting on behalf of the customer, the identity of that person and that other person’s authority to act on behalf of the customer;
• The manner in which the identity of the persons referred to above was established;
• The nature of that business relationship or transaction;
• In the case of a transaction, the amount involved and the parties to that transaction;
• All accounts that are involved in the transactions concluded by that accountable institution in the course of that business relationship and that single transaction;
• The name of the person who obtained the identity of the person transacting on behalf of the accountable institution;
• Any document or copy of a document obtained by the accountable institution

5 years

Basic Conditions of Employment Act

Section 29(4):

-Written particulars of an employee after termination of employment;

Section 31:

-Employee’s name and occupation;
-Time worked by each employee;
-Remuneration paid to each employee;
-Date of birth of any employee under the age of 18 years.

3 years

Employment Equity Act

Records in respect of the company’s workforce, employment equity plan and other records relevant to compliance with the Act;
Section 21 report which is sent to the Director General

3 years

Labour Relations Act

Records to be retained by the employer are the collective agreements and arbitration awards.

3 years

Labour Relations Act

An employer must retain prescribed details of any strike, lock-out or protest action involving its employees;
Records of each employee specifying the nature of any disciplinary transgressions, the actions taken by the employer and the reasons for the actions

Indefinite

Unemployment Insurance Act

Employers must retain personal records of each of their current employees in terms of their names, identification number, monthly remuneration and address where the employee is employed

5 years

Tax Administration Act

Section 29 documents which:

-Enable a person to observe the requirements of the Act;
-Are specifically required under a Tax Act by the Commissioner by the public notice;
-Will enable SARS to be satisfied that the person has observed these requirements

5 years

Income Tax Act

• Amount of remuneration paid or due to the employee;
• The amount of employees tax deducted or withheld from the remuneration paid or due;
• The income tax reference number of that employee;
• Any further prescribed information; Employer Reconciliation return.

5 years

Value Added Tax Act

• Where a vendor’s basis of accounting is changed the vendor shall prepare lists of debtors and creditors showing the amounts owing to the creditors at the end of the tax period immediately preceding the changeover period;
• Importation of goods, bill of entry, other documents prescribed by the Custom and Excise Act and proof that the VAT charge has been paid to SARS;
• Vendors are obliged to retain records of all goods and services, rate of tax applicable to the supply, list of suppliers or agents, invoices and tax invoices, credit and debit notes, bank statements, deposit slips, stock lists and paid cheques;
• Documentary proof substantiating the zero rating of supplies;
• Where a tax invoice, credit or debit note, has been issued in relation to a supply by an agent or a bill of entry as described in the Customs and Excise Act, the agent shall maintain sufficient records to enable the name, address and VAT registration number of the principal to be ascertained.

5 years