1. Introduction and Purpose

TEBA (we, us, or ours) takes the protection of personal information very seriously. TEBA also takes seriously a Data Subject’s (you, or your) right to request access to information very seriously. Upholding the principles of the Protection of Personal Information Act (POPIA) and the Promotion of Access to Information Act 2 of 2000 (PAIA), is, therefore, a top priority.

As part of that, TEBA has made this Complaints Resolution Procedure available to any Data Subject (such as a mineworker or beneficiary) that feels that TEBA has failed to lawfully process or protect their personal information. This policy also applies to you if you are unsatisfied with how we dealt with your access request to our records. The person or organisation lodging the complaint is hereafter referred to as “the Complainant”.

2. Scope

This policy only covers the issue of POPIA or PAIA complaints. For more information on how TEBA collects, uses and processes a Data Subject’s personal information, please see TEBA’s Privacy Policy, which is available on the TEBA website. For more on how TEBA deals with requests for access to information, please see the TEBA PAIA Manual.

3. Type of complaints

You should use this policy where you have a concern about the way we are handling your personal information or request to access a record we hold, for example if you feel that we:

• are unlawfully processing your personal information;
• are not keeping your personal information secure;
• are misusing your personal information;
• are keeping personal information about you for longer than is necessary;
• hold inaccurate personal information about you;
• have unlawfully disclosed your personal information;
• have collected personal information for one reason and are using it for something else that you did not agree to;
• have accessed your personal information without your authorization;
• wrongfully refused to give you access to records you requested;
• have deliberately and wrongfully given you incomplete access to records you requested access to; and
• are taking too long to respond to your access request or to process it even though you followed the right process in lodging the request.

4. Roles and Responsibilities

TEBA’s Deputy Information Officers, or, in their absence, any other member of Senior Management, will be responsible for the investigation and possible resolution of complaints. They will report to the Information Officer.

• Information Officer –  Jaawed Salejee
• Deputy Information Officer –  Anneri Pieterse
• Deputy Information Officer – Pravesh Ramkisson
• Deputy Information Officer – Nardo Neveling

Complaints to be referred via email to: popi@teba.co.za

5. Complaint Resolution Procedure

1. All complaints against TEBA must be lodged in writing to TEBA’s Deputy Information Officers as set out above, and be accompanied by the necessary supporting documentation.
2. To enable us to respond and resolve your complaint, please provide us with the following information:
   • Full name of the person lodging the complaint;
   • Confirmation about whether you are complaining for yourself or on behalf of another;
   • Contact details, such as email address and telephone number;
   • how the personal information was collected by us or how you provided it to us (if known);
   • all necessary information (such as what you believe we have done wrong);
   • the timeframe over which the suspected wrongdoing occurred (if known); and
   • Any evidence in support of the complaint, including emails, files, screenshots, pictures, and other communications.
3. The Deputy Information Officers will receive the written complaint and supporting documentation. They will log the date and contents of the complaint in a Complaints Register, and table it at TEBA’s monthly Operations Review meeting, as part of the Audit & Risk agenda.
4. The Deputy Information Officers will acknowledge receipt of the complaint in writing within 3 business days of receipt and give the Complainant the name and contact details of the staff member responsible for the resolution of the complaint. While we try to respond as promptly as possible, resolution times will vary depending on the nature of the complaint and the amount of information you have provided in support of it.
5. The Deputy Information Officers will appoint a relevant staff member to investigate the complaint. The relevant internal department or staff member and any other resources, will investigate the complaint to ascertain whether the complaint can be resolved immediately,
6. If the complaint is of a serious nature, the complaint will be handled and investigated by the Deputy Information Officers or any other Senior Manager.
7. If the complaint can be resolved immediately, the relevant staff member will take the necessary action and advise the Complainant in writing. The relevant internal department or staff member investigating the complaint will keep the Deputy Information Officers up to date about the investigation on a regular basis (written or telephonically).
8. If the complaint cannot be resolved immediately, the Deputy Information Officers will send the Complainant a written summary of the steps to be taken to resolve the matter and the expected date of resolution.
9. All updates, developments, and activities regarding the complaint captured in the Complaints Register.
10. If unable to resolve the complaint within 3 weeks of logging the complaint in a Complaints Register, the Deputy Information Officers will notify the Complainant by means of a written acknowledgement. This must outline the status of the complaint and the expected date of final resolution.
11. If unable to resolve the complaint within a further 3 weeks of the written acknowledgement (6 weeks since the complaint was logged), the Deputy Information Officers will notify the Complainant, giving full written reasons as to why the outcome was not favourable, and advise the Complainant of their right to appeal the outcome or seek legal redress by referring the complaint to the Information Regulator.
12. If you are unhappy with how your complaint was handled, or the outcome of your complaint, then you may appeal by writing to our Information Officer outlining your reasons. The Information Officer will require at least another five business days to consider the appeal and take any necessary action.

6. The Right to Complain to the Information Regulator

The Data Subject has the right to submit a complaint to the Information Regulator if they remain unhappy after the appeals process. Please go to the complaints page on the Information Regulator’s website, which you can find here: https://inforegulator.org.za/complaints/. Once you have filled in POPIA form 5 or PAIA form 5, you may forward the filled-in form containing your complaint to the Information Regulator.

For POPIA complaints, use this email address: POPIAComplaints@inforegulator.org.za.

For PAIA complaints, use this email address: PAIAComplaints@inforegulator.org.za.

The Information Regulator’s contact details are as follows:

• JD House, 27 Stiemans Street, Braamfontein Johannesburg 2001
• P.O. Box 31533
• Tel: 0100235200

If you wish to obtain more information about the Information Regulator, you can find it on their website, at https://inforegulator.org.za.

7, Abusive correspondence and complaints

We differentiate between people who make numerous complaints because they think things have gone wrong, and people who are simply being difficult. We do understand that sometimes complainants act in distress, and we will make reasonable allowance for that.

Features of the types of complaints and behaviour that this Complaints Policy does not cover can include the following:

1. continuing to complain even after we have advised you that there are insufficient or no grounds for your complaint or that we are not the appropriate body or organisation;
2. refusing to co-operate with our complaints process, without good reason, but still wanting your complaint to be resolved;
3. changing the basis of the complaint as inquiries are made and introducing trivial or irrelevant new information and expecting this to be considered and commented on.
4. submitting repeat complaints, after we have completed the initial complaints process, about essentially the same issues, with minor variations, and insisting on a repeat complaint being treated as a new complaint.
5. refusing to accept the outcome of the procedure after its conclusion, repeatedly arguing the point, complaining about the outcome, or denying that we have given an adequate response.

If we determine that your correspondence or complaint is abusive, we will inform you of such decision and of what action we are taking. We will ask you to change your behaviour, if you fail to do so, we may impose restrictions on your correspondence. If your behaviour is so severe or extreme that it threatens our staff, we may consider other legal options, including informing the Information Regulator of your actions.

8. Record Keeping

Our Deputy Information Officers will retain adequate records of the case details and the actions we have taken. They will keep the record for five years.