Access to Information

THE PROMOTION OF ACCESS TO INFORMATION ACT 2 of 2000 (“the Act”), SECTION 51 MANUAL FOR ZURICH INSURANCE COMPANY SOUTH AFRICA LIMITED

Introduction to ZURICH INSURANCE COMPANY SOUTH AFRICA LIMITED (“Zurich”)

Zurich is an indirect subsidiary of Zurich Financial Services and a private body under paragraph (c) of the definition of “private body” of Section 1 of the Act, with registration number: 1965/006764/06

1. Particulars in Terms of the Section 51 Manual

• Information Officer: Terence Govender
• Contact details [Section 51(1) (a)] – The following contact details can be used to obtain Information from ZURICH in accordance with the Act and this Manual

Johannesburg

Physical Address
Zurich
15 Marshall Street
Ferreirasdorp
Johannesburg
2001

Telephone: +27 (0)11 370 9111
Facsimile: +27 (0)11 370 9979
Email (Information Officer): terence.govender@zurich.co.za
Website: www.zurich.co.za

 

Postal Address
PO Box 61489
Marshalltown
2107

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2. The Section 10 Guide on how to use the Act  [Section 51(1)(b)]

The Guide is available from the South African Human Rights Commission or click here to view guide (online version).

Please direct any queries to: 

The South African Human Rights Commission:         

PAIA Unit
The Research and Documentation Department

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3. Available information [Section 51 (1) (c)]

The following records and information is automatically available without a person having to request access in terms of this Act:

• Website of Zurich – www.zurich.co.za
• Confirmation of licence in terms of the Short Term Insurance Act and the Financial Advisory and
  Intermediary Services Act
• Annual Financial Statements

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4. Description of records in accordance with any other legislation [Section 51 (1) (d)]

• Alienation of Land Act (68 of 1981)
• Banks Act (94 of 1990)
• Basic Conditions of Employment Act (75 of 1997)
• Companies Act (61 of 1973)
• Compensation for Occupational Injuries and Diseases Act (130 of 1993)
• Copyright Act (98 of 1978)
• Debt Collectors Act (114 of 1998)
• Electronic Communications and Transactions Act (25 of 2002)
• Employment Equity Act (55 of 1998)
• Financial Intelligence Centre Act (38 of 2001)
• Financial Markets Control Act (55 of 1989)
• Financial Services Board Act (97 of 1990)
• Income Tax Act (58 of 1962)
• JSE Listing Requirements
• King II Report
• Labour Relations Act (66 of 1995)
• Magistrates Court Act (32 of 1944)
• National Credit Act (34 of 2005)
• Patents Act (57 of 1978)
• PAIA Regulation 187 of 15 February 2002
• Promotion of Access to Information Act ( 2 of 2000) 
• Pension Funds Act (24 of 1956)
• Promotion of Equality and Prevention of Unfair Discrimination Act
• Regulation of Interception of Communications Act (70 of 2002)
• Short Term Insurance Act (53 of 1998)
• Skills Development Act (97 of 1998)
• Skills Development Levies Act (9 of 1999)
• South African Constitution 1996
• Supreme Courts Act (59 of 1959)
• Trademarks  Act (194 of 1993)
• Trademarks Act Regulations
• Unemployment Insurance Act (30 of 1966)
• Value Added Tax Act (89 of 1991)

The company will consider any request received although not covered in any one of the above Acts.

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5. Categories of information [Section 51 (1) (e)]

The records mentioned below are not automatically available and a request for access to the information, is subject to Section 63 (1) of the Act, providing that a head of a private body must refuse a request for access to a record of the body if its disclosure would involve the unreasonable disclosure of perusal of personal information about a third party, including a deceased individual, therefore, inclusion in this list does not imply that the request for the record will be granted.

5.1 Personnel records

• Any personal records provided to Zurich by its personnel;
• Any records a third party has provided to Zurich about any of its personnel;
• Conditions of employment and other personnel-related contractual and quasi-legal records, i.e.:
  • Business continuity plans;
  • Human Resource policy documents;
  • Employee information;
  • Employment contracts;
  • PAYE records;
  • UIF records;
  • Payroll reports;
  • Payslips;
  • IRP5’s;
  • Leave records;
  • Disciplinary codes and procedures and records;
  • Labour disputes;
  • Grievance procedure;
  • Performance management records;
  • Long service awards;
  • Attendance register records;
  • Medical aid records;
  • Accident books and records;
  • Training records;
• Workplace and Union agreements and records
• Other internal records and correspondence.

5.2 Customer-related records

A customer includes any natural or juristic entity that receives services from Zurich. Customer-related information includes the following:

• Any records a customer has provided to a third party acting for or on behalf of Zurich;
• Any records a third party has provided to Zurich;
• Records generated by or within Zurich pertaining to the customer, including transactional records;

5.3 Zurich - Company records (Private body records)

• Published financial records and internal financial records and documents;
• Investor relations records;
• Employment Equity reports;
• Management reports;
• Operational records;
• Quality Control records:
  • Audit summaries and reports;
  • Statistic reports;
• Databases;
• Information technology:
  • Software programmes and applications;
  • Computer generated databases;
  • System/Hardware documentation and manuals;
  • Project, disaster recovery and implementation plans;
  • Internet and intranet policy documentation;
  • Electronic Communications policy documentation;
  • System security policy documentation;
  • Licensing;
  • Statistics on usage;
• Marketing records;
• Internal and external correspondence;
• Product records;
• Statutory records;
• Legal & regulatory:
  • Contracts;
  • Commercial disputes;
  • Litigation;
  • Standard operating procedures and policies;
  • Legal Opinion and reports;
  • Permits, licenses, consent, approvals, authorisations, applications, registrations and exemptions;
• Treasury-related records;
• Securities and equities; and
• Records held by officials of the private body.

5.4 Other party records

Zurich may possess records pertaining to other parties (including without limitation) contractors, suppliers, subsidiary/holding/sister companies, joint venture companies and service providers. Alternatively, such other parties may possess records that can be said to belong to Zurich, such as:

• Personnel, customer or private body records which are held by another party as opposed to being held by the company; and
• Records held by Zurich pertaining to other parties (including without limitation) financial records, correspondence, contractual records, records provided by the other party and records third parties have provided about the contractors/suppliers.

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6. Form of request:

• The requester must use the prescribed form  (Annexure A (Form C)) to make the request for access to a record. This must be made to the Information Officer of the private body. This request must be made to the address, fax number or electronic mail address of the body concerned [section 53(1)] A request will be deemed to be received by Zurich when Zurich acknowledges receipt thereof, for the purposes of this clause an auto response shall not be a response by Zurich;
• The requester must provide sufficient detail on the request form to enable the head of the private body to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [section 53(2)(a) and (b) and (c)];
• The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [section 53(2) (d)];
• If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body [section 53(2) (f)].

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7. Fees:

• See Annexure B for fees applicable on request for information;
• A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester (request for personal information), must pay the required request fee as been stipulated in the Regulations promulgated in terms of the Act (as indicated hereunder).  Payment of the fees must take place prior to making available the requested record/s;
• The fee for a copy of the manual as contemplated in regulation 9(2) (c) is R1,10 for every photocopy of an A4-size page or part thereof.  

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8. Other information as may be prescribed [Section 51(1) (f)]

The Minister of Justice and Constitutional Development has not made any regulations in this regard.

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9. Availability of the manual [Section 51 (3)]

Copies of the manual, prescribed forms and fees payable can be obtained from Zurich’s head office:

Zurich Insurance Company South Africa Limited
15 Marshall Street
Ferreirasdorp
Johannesburg
2001

Further, copies of the manual, prescribed forms and fees payable can also be obtained from Zurich’s website www.zurich.co.za . The prescribed forms and fees payable can also be obtained from The Human Rights Commission, Department of Justice and Constitutional Development website www.doj.gov.za.

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10. Limitation of Liability

Zurich is relieved from liability and shall have no duty whatsoever, in relation to:

• • The integrity and or accuracy of the information requested;
  • Any delay associated with the delivery except to comply with the procedures stipulated herein; and/or
  • That the information requested shall conform with the requirements of the requester except that it should correspond with the title and description provided by the requester.
  • Annexure A - Request Form
  • Annexure B - Fees

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