South African Legislation

Protection of Personal Information Act (POPIA)

Section 14 of POPIA mandates that records of personal information must not be retained longer than necessary for the purpose for which the information was collected unless the retention is required or authorised by law or contract​1​​2​.

Companies Act, 2008

Section 24 stipulates a general rule that company records must be kept for 7 years or longer as specified in other public regulation​2​.

Tax Administration Act, 2011

Section 29 requires records, books of account, or documents enabling adherence to tax acts to be kept for 5 years following the submission of a tax return, or for 5 years after the relevant tax period​2​.

Consumer Protection Act, 2008

Section 36 mandates that all records pertaining to promotional competitions must be retained for a period of 3 years​2​.

Basic Conditions of Employment Act, 1997

Sections 29 and 31 necessitate the retention of employee records for 3 years post-termination of employment or from the date of the last entry in the record​3​​2​.

Importance of Compliance

Understanding and adhering to the legal requirements for document destruction is crucial for safeguarding businesses against legal repercussions, ensuring privacy, and promoting best practices for secure and effective document disposal​8​.

Shredding Solutions for Compliance

  • Employing reliable shredding solutions can simplify compliance with South Africa's data protection laws. Proper document destruction is an essential part of implementing POPIA policies in organizations, which also aids in mitigating identity theft risks​4
  • Shredding solutions offer secure, convenient, and environmentally friendly document destruction options. They provide a means to properly dispose of sensitive documents, plastics, and electronic media, thereby ensuring that the information is handled securely​5​​6​.
  • Services like MasterShred aim to keep businesses fully compliant with the Data Protection Acts by securely shredding confidential information either on-site or off-site and providing a Certificate of Destruction for peace of mind​7​.