GARDAG - Policy Documents

GARDAG - Garden Route Dam Action Group
Policy Documents - Updated 2024 01 16

GARDAG
NPC 2023/553797/08
Protection of Personal Information Act

GARDAG’s mandate is to assist in the protection and management of the water resources serving the George municipal area (excluding Uniondale). GARDAG is an independent NPC and, while it strives to collaborate with other such institutions in the furtherance of its mandate, it is not officially related to any other entity.
GARDAG prides itself on its core mandate and is passionate about achieving ecologically sustainable development for our municipality, which protects and conserves the abundance of resources and natural beauty George has to offer.

GARDAG OBJECTIVES
1 GARDAG’s core activities involve research, conservation, sustainable use, education and ecosystem rehabilitation of the water resources of the George municipal area with view to uphold and protect the environmental right contained in section 24 of the Constitution of the Republic of South, 1996.
2 To encourage and facilitate the responsible achievement of the George municipality’s sustainable development goals which duly recognises the importance of environmental matters, especially as it relates directly, or indirectly, to the sufficient supply of clean and potable water for the residents of
George and surrounding areas.
3 To, through our continued action and professionalism, be acknowledged at local and provincial levels of government as a reliable, trustworthy and authoritative source of information related to water and the associated wellbeing of the George community in South Africa.

ACCESS TO INFORMATION - (Prescribed in terms of Section 51(1)(b) of the Act)
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 the public interest.

Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the rates provided. 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, which will contain information for the purposes of exercising Constitutional Rights. The Guide is available from the SAHRC.

The South African Human Rights Commissioner:
PAIA Unit, The Research and Documentation Department
Private Bag X2700 Houghton 2041
www.sahrc.org.za

David Malesa 011 877 3678, or, Schalk van Rensburg 011 877 3642.
This manual will be made available to the Human Rights Commission of South Africa.  The forms and fee structure prescribed under the Act are available at the website of the Department of Justice and Constitutional Development (www.doj.gov.za) under the "regulations" section.

APPLICABLE LEGISLATION
Companies Act 71 of 2008
Promotion of Access to Information Act No. 2 of 2000
Protection of Personal Information Act No. 4 of 2013

To the extent that GARDAG’s turnover in any given financial year may exceed the threshold prescribed by the Minister:
Vat Act 89 of 1991- All documents which are available in terms of this Act

To the extent that GARDAG reserves the right to employ individuals, the following would be applicable:
Occupational Health and Safety Act 85 of 1993 - All documents which are available in terms of this Act
Labour Relations Act 66 of 1995 - All documents which are available in terms of this Act
Basic Conditions of Employment Act 75 of 1997 - All documents which are available in terms of this Act
Employment Equity Act 55 of 1998 - All documents which are available in terms of this Act
Skills Development Act 97 of 1998 - All documents which are available in terms of this Act
Skills Development Levies Act 9 of 1999 - All documents which are available in terms of this Act
Unemployment Insurance Act 63 of 2001 - All documents which are available in terms of this Act

5.0    SCHEDULE OF RECORDS
GARDAG NPC holds information on the following subjects, in respect of which it holds record:
TYPE OF RECORD                            AVAILABILITY
Board of Directors and Management team                Freely Available
PAIA Manual                                 Freely Available
POPIA Manual     Freely Available
CIPC Memorandum of Incorporation    Available on Request
Minutes of Meetings    Available on Request
List of Members    Available on Request
Employment Contracts    Available on Request
Annual Financial Statements    Available on Request
Accounting Records    Available on Request
Banking Records and Invoices    Available on Request
Legal Opinions and Non-Privileged Litigation Documents    Available on Request
Biodiversity Records and Opinions    Available on Request

The categories of records set out in above shall only be available to the requestor, and subject to the provisions of the Act.
Not all of the above information is automatically available without having to request access in terms of, and subject to, the provisions of the Act. A request for information should be in the prescribed form, addressed to the Chairperson of GARDAG NPC and will be considered and processed, if applicable, upon receipt of payment of the required fee.

6.0    RECORDS HELD BY MEMBERS
None.

7.0    ANY OTHER INFORMATION
GARDAG NPC may accumulate research reports and other scientific information required to execute its objectives. Some of this information may be confidential in its entirety, or in so far as it may be incomplete given the stage of the preparation of the report, as the case may be.

GARDAG may publish information from time to time for public information on its website.  While GARDAG strives to provide accurate and responsible reporting, this information should be considered as opinion information and GARDAG does not warrant or guarantee the complete accuracy of the information.

All communication between the GARDAG executive members, not formally documented in terms of minutes of an official meeting, is considered confidential and not subject to the disclosure requirements prescribed in terms of Act.

All correspondence and communication between GARDAG executive and its members, and vice versa, which is not formally documented in terms of minutes of an official meeting, is considered confidential to the full extent allowed in terms of the Act and unless otherwise stated.

8.0    Updating / availability of the Manual
At the discretion of the GARDAG executive, and/or when changes in applicable legislation occur, this Manual will be updated and republished in accordance with Section 51 (2)(e) of the Act.

CONFLICT OF INTEREST POLICY
1. Purpose
The purpose of this conflict-of-interest policy is to ensure that the interests of GARDAG (hereinafter referred to as the "Organization") are not compromised by conflicts of interest on the part of board members, management committee members or other office bearers in the Organization (hereinafter referred to as "Covered Individuals").
It is agreed that Covered Individuals owe a fiduciary duty of loyalty to the Organization and that they will act in the best interests of the Organization. Conflicts of interest should be avoided, and where conflicts are unavoidable, they should be addressed and mitigated to prevent any prejudice being suffered by the Organization.
2. Definition of Conflict of Interest
A conflict of interest arises when a Covered Individual's personal, financial, or professional interests interfere, or may appear to interfere, with the objective, impartial, and effective performance of their duties and responsibilities to the Organization. In other words, a conflict of interest refers to any situation where an individual's personal / professional / financial interests may influence their decisions or actions taken on behalf of the Organization. It then becomes important for the Organisation to know the potential conflict and to then take an informed decision on the matter.
3. Disclosure
a. All Covered Individuals are required to make one annual disclosure of any potential, or actual, conflicts of interests to the Management Committee at a properly constituted meeting, and leading up to the Organizations AGM.
b. Covered Individuals have an ongoing obligation to promptly disclose any new potential or actual conflicts of interest to the Management Committee, which have not already been disclosed.
c. Disclosure should include all relevant facts and circumstances about the potential conflict of interest.
4. Procedures for Addressing Conflicts of Interest
a. If a conflict of interest is disclosed or identified, the Management Committee, with quorum, will evaluate the situation to determine the appropriate course of action.
b. In the case of board members or management committee member making the disclosure, that member should recuse themselves from any discussion or voting on
matters in which they have identified a conflict of interest.
c. The Management Committee, with quorum, will review and address conflicts of interest.
5. Actions to Address Conflicts of Interest
a. The Management Committee will address a conflict of interest at any meeting which is properly constituted. The Management Committee may take any of the following actions, as deemed appropriate and in the best interest of the Organization:
i. Request additional information or clarification from the Covered Individual involved in the conflict.
ii. Seek independent expert advice or opinions.
iii. Determine whether the conflict of interest poses a significant risk to the Organization.
iv. Vote on the extent to which the relevant Covered Individual may continue to work and render services to the Organization.
v. Take no further action or implement safeguards or restrictions to minimize or manage the conflict, as the case may be.
6. Annual Statements
a. Covered Individuals should annually sign a conflict-of-interest statement affirming their compliance with this policy.
b. The signed statements should be maintained in the Organization's records.
7. Review of Policy
a. This policy should be reviewed periodically to ensure its continued effectiveness and compliance with applicable laws and regulations.
b. Any necessary updates or revisions to the policy should be approved by the Board or Management Committee.