Terms of Use & Privacy Notice

These Terms of Use and Privacy Notice govern your use of the digital forms and services operated by the Office of Dr Malusi Gigaba at drmalusigigaba.org (the "Website"). Please read them carefully before submitting any form on this Website. By ticking the acknowledgement checkbox on any of our forms, you confirm that you have read, understood, and agree to these terms.

This document fulfils the notification obligations of the Protection of Personal Information Act 4 of 2013 (POPIA), specifically the requirements of Section 18 (notification to data subjects when collecting personal information). It also addresses obligations arising under the Electronic Communications and Transactions Act 25 of 2002 (ECTA) and the Promotion of Access to Information Act 2 of 2000 (PAIA).

Who We Are

• 1.1The Responsible Party for purposes of POPIA is the Office of Dr Malusi Gigaba, operating the Website at drmalusigigaba.org (the "Office", "we", "us", or "our").
• 1.2The Office has designated an Information Officer as required by POPIA Section 55 and has registered that officer with the Information Regulator of South Africa. The Information Officer's contact details are set out in Section 20 of these Terms.
• 1.3Dr Malusi Gigaba is a Member of Parliament of the Republic of South Africa and a member of the Portfolio Committee on Defence and Military Veterans. The Office operates in both a public and private capacity. Where personal information is processed in connection with parliamentary or constituency duties, additional obligations under the Constitution of the Republic of South Africa, 1996, and applicable parliamentary rules may apply.

Scope and Application

• 2.1These Terms apply to all personal information collected through the following forms operated by the Office:
  • (a)The Invitation Request Form — used to receive and evaluate speaking engagement and advisory requests.
  • (b)The Contact Form — used to receive and route media, editorial, and constituency enquiries to the relevant desk.
  • (c)The Digital Library Contribution Form — used to receive, evaluate, and publish original articles, research papers, project reports, speeches, and archival documents submitted for inclusion in the Office's Digital Library. This form is also accessible as a category within the Contact Form.
• 2.2These Terms also apply to any personal information voluntarily submitted via email correspondence directed to the Office's published email addresses.
• 2.3These Terms do not apply to information collected through third-party platforms, social media services, or any website not operated directly by the Office, even where links to such platforms appear on the Website.
• 2.4Submission of information through any Office form is entirely voluntary. There is no legal obligation to submit. However, failure to provide complete and accurate information will prevent the Office from evaluating or responding to your request or enquiry.

Personal Information We Collect

The Office collects only the personal information that is necessary to fulfil the specific purpose for which each form is designed. The following categories of personal information are collected:

• 3.1Invitation Request Form:
  • (a)Identity information: first name, last name, professional title or role.
  • (b)Contact information: email address, telephone number.
  • (c)Organisational information: name of organisation, nature of organisation, organisation website URL, organisation type (profit/non-profit/government/academic).
  • (d)Event information: event name, proposed date, venue, city, expected audience size, audience profile, event theme, co-speakers, access model (paid/free), honorarium details, and any additional context provided in free-text fields.
  • (e)Referral information: how you became aware of the Office's invitation process.
  • (f)Consent declarations: confirmation of accuracy and agreement to these Terms.
• 3.2Contact Form (Press & Media):
  • (a)Identity and contact: full name, email address, telephone number (optional).
  • (b)Professional information: media outlet or organisation, role or title.
  • (c)Enquiry details: nature of enquiry, free-text description, urgency level, preferred response deadline.
• 3.3Contact Form (Editorial):
  • (a)Identity and contact: full name, email address, telephone number (optional).
  • (b)Professional information: publication or platform name, role or title.
  • (c)Query details: nature of query, article reference (URL or headline), free-text description, preferred response deadline.
  • (d)Uploaded documents: supporting materials such as scanned printed articles, PDFs, images, or word-processing documents (maximum two files, 5 MB per file).
• 3.4Contact Form (Constituency):
  • (a)Identity and contact: full name, email address, telephone number (optional).
  • (b)Geographical information: ward or area.
  • (c)Matter details: nature of the matter, free-text description, preferred contact method.
• 3.5The Office does not knowingly collect the personal information of persons under 18 years of age through these forms. If you are under 18, please do not submit personal information without the consent of a parent or legal guardian.
• 3.6The Office does not collect special personal information as defined in POPIA Section 26 (relating to religious beliefs, race, health, sexual orientation, criminal record, biometric data, trade union membership, or political views) through these forms. Do not include such information in any free-text field. If such information is inadvertently submitted, the Office will delete it without processing it for any purpose.

Why We Collect Your Information

In accordance with POPIA Section 18(1)(b), the Office discloses the specific purpose for which personal information is collected through each form:

• 4.1Invitation Request Form: To receive, log, evaluate, score, and respond to requests for Dr Gigaba to speak, lecture, appear, or advise at events or engagements. Evaluation is conducted against the Office's published scoring framework. The purpose includes communicating the outcome of the evaluation (acceptance, shortlisting, deferral, or decline) to the requesting party.
• 4.2Contact Form — Press & Media: To receive, log, route to the Press & Media desk, and respond to media enquiries including interview requests, comment or quote requests, broadcast and streaming requests, and syndication enquiries.
• 4.3Contact Form — Editorial: To receive, log, route to the Editorial desk, and respond to editorial queries including factual correction requests, evidence queries, clarification requests, responses to published articles, and republishing requests.
• 4.4Contact Form — Constituency: To receive, log, route to the Constituency desk, and respond to parliamentary, Defence Committee, party political, and constituent service matters.
• 4.5Digital Library Contribution Form: To receive, log, route to the Editorial and Library desk, evaluate, verify, and — where accepted — publish Contributed Content in the Office's Digital Library. The verification process is conducted in accordance with the Office's published Contribution Verification Protocol. The Office will notify the contributor of the outcome of the evaluation.
• 4.6Personal information will not be processed for any purpose other than those listed in clauses 4.1 to 4.5 above without your prior written consent, unless the Office is required or permitted to do so by law.

Lawful Basis for Processing

POPIA Section 11 requires that personal information may only be processed if at least one lawful ground applies. The Office relies on the following grounds:

• 5.1Consent [POPIA §11(1)(a)]: By completing and submitting a form and ticking the mandatory acknowledgement checkbox, you give your voluntary, specific, and informed consent to the processing of your personal information for the purpose stated in the relevant form. You may withdraw this consent at any time (see Section 12 below), but withdrawal will not affect the lawfulness of processing already carried out before withdrawal.
• 5.2Legitimate interests [POPIA §11(1)(f)]: The Office may also process personal information where it is necessary for pursuing the legitimate interests of the Office or a third party, to the extent that such processing does not unduly prejudice your privacy interests. This applies, for example, where the Office is required to retain records for accountability or audit purposes.
• 5.3Public law duty [POPIA §11(1)(e)]: In relation to constituency and parliamentary correspondence, the Office may process personal information to the extent necessary for the performance of a public law duty.
• 5.4Legal obligation [POPIA §11(1)(c)]: In certain circumstances, the Office may be required to process or disclose personal information to comply with a legal obligation, including obligations arising under the PAIA or any court order.

How Your Information Is Used

• 6.1Personal information submitted through the forms is used exclusively to evaluate and respond to the specific request or enquiry for which it was submitted.
• 6.2The Office does not use personal information collected through these forms for direct marketing, profiling, advertising, or automated decision-making that produces legal effects or similarly significant impacts on you.
• 6.3Submitted information is accessible only to members of the Office's authorised team who require access to perform their designated functions. Access is managed on a need-to-know basis.
• 6.4Reference numbers generated upon submission are used to uniquely identify and track your submission in the Office's internal management system. These numbers may be quoted in all correspondence relating to your request or enquiry.

Disclosure to Third Parties

• 7.1The Office does not sell, rent, trade, or otherwise make your personal information available to third parties for commercial purposes.
• 7.2Personal information may be disclosed to the following categories of third parties where strictly necessary:
  • (a)Service providers and operators: Third parties who assist the Office in operating the Website or managing submissions (such as web hosting and technology service providers), who are bound by appropriate data processing agreements and may not use personal information for their own purposes.
  • (b)Legal and professional advisors: Where necessary for the Office to obtain legal advice or to defend or assert legal rights.
  • (c)Public authorities and law enforcement: Where required by law, court order, or competent authority, including the Information Regulator, Parliament, or a court of law.
• 7.3Where the Office discloses personal information to a third party operator as contemplated in POPIA Section 21, the Office will ensure that the operator agrees in writing to maintain appropriate security measures and to process the information only on the Office's instructions.

International Transfers of Personal Information

• 8.1The Office does not intentionally transfer personal information to a country outside the Republic of South Africa for processing.
• 8.2Where the Office uses a technology service provider whose infrastructure is hosted outside South Africa (for example, cloud hosting or email services), the Office will ensure that such transfers comply with POPIA Section 72, including verifying that the recipient country's laws provide an adequate level of protection, or by implementing appropriate contractual safeguards.
• 8.3In all cases, the transfer of personal information outside South Africa will be subject to your prior consent, unless an applicable exception under POPIA Section 72(1) applies.

Retention of Records

In accordance with POPIA Section 14, the Office will not retain personal information for longer than is necessary to fulfil the purpose for which it was collected, subject to any other legal obligation to retain records. The following retention periods apply:

• 9.1Invitation requests: 24 months from the date of submission, or 6 months after the conclusion of any engagement that results from the request, whichever is later. Declined or deferred requests are retained for 12 months from the date of the decision.
• 9.2Press & Media enquiries: 12 months from the date of resolution or the date of last correspondence relating to the enquiry.
• 9.3Editorial queries: 24 months from the date of resolution, to allow for the Office's accountability obligations in relation to published corrections and factual claims.
• 9.4Constituency matters: 36 months from the date of resolution, or for the duration of any ongoing parliamentary process to which the matter relates, whichever is later. Where the matter is connected to active legal proceedings, the record will be retained for the duration of those proceedings plus 3 years.
• 9.5Digital Library Contributed Content: Personal information associated with a contribution (contributor name, contact details, submission metadata) is retained for 36 months from the date of submission or for the duration of the contribution's publication on the Digital Library, whichever is longer. Where a contribution is rejected or withdrawn, associated personal information is retained for 12 months from the date of the decision. Contributed Content itself (the submitted document) is subject to the separate licence and withdrawal provisions in Section 16.
• 9.6After the applicable retention period has expired, personal information will be destroyed, deleted, or de-identified in a manner that prevents its reconstruction in an intelligible form, as required by POPIA Section 14(4).
• 9.7Where you withdraw consent or request erasure before the applicable retention period has expired, the Office will evaluate whether any other lawful ground exists for continued retention. If no such ground exists, the information will be destroyed within 30 calendar days of the request.

Security Safeguards

• 10.1The Office takes reasonable technical and organisational measures to protect your personal information against unauthorised access, disclosure, alteration, or destruction, in accordance with POPIA Section 19.
• 10.2These measures include, but are not limited to: restricting access to personal information to authorised personnel only; maintaining the Website over an encrypted (HTTPS) connection; and implementing access controls on internal systems where submission data is stored.
• 10.3In the event of a security breach that involves personal information and is likely to prejudice you, the Office will notify you and the Information Regulator of South Africa as soon as reasonably possible after becoming aware of the breach, in accordance with POPIA Section 22.
• 10.4While the Office makes every effort to protect your personal information, no transmission over the internet or electronic storage system can be guaranteed to be completely secure. You submit information at your own risk.

Your Rights as a Data Subject

POPIA confers the following rights on data subjects. You may exercise any of these rights by contacting the Information Officer using the details in Section 21.

How to Exercise Your Rights

• 12.1To exercise any of the rights listed in Section 11, submit a written request to the Office's Information Officer using the contact details in Section 21. Your request should identify you by name and, where possible, include your submission reference number and describe the right you wish to exercise.
• 12.2The Office will respond to data subject requests within 30 calendar days of receipt, in accordance with POPIA Section 23(3). Where the request is complex or requires additional time, the Office will notify you within the initial 30-day period.
• 12.3The Office may request proof of identity before processing a data subject request to prevent unauthorised access to or deletion of personal information.
• 12.4The Office will not charge a fee for the exercise of data subject rights, except where a request is manifestly unfounded, excessive, or repetitive, in which case a reasonable fee may be levied. You will be notified of any applicable fee before it is charged.

Electronic Communications and Transactions (ECTA)

In compliance with the Electronic Communications and Transactions Act 25 of 2002, the following disclosures are made:

• 13.1Supplier identity: The Office of Dr Malusi Gigaba, operating at drmalusigigaba.org. Contact details are set out in Section 21.
• 13.2Nature of service: The Website and its forms provide a facility for members of the public, media, and political constituencies to submit enquiries, requests, and matters to the Office of Dr Malusi Gigaba. This is a free, non-commercial service. No financial transaction is concluded through the submission of any form on this Website.
• 13.3No contractual obligation: The submission of a form does not constitute a binding agreement or contract between the submitting party and the Office. The Office makes no commitment to respond, accept, or act upon any submission except to the extent expressly stated in these Terms or communicated in writing by an authorised representative of the Office.
• 13.4Confirmation of receipt: Upon submission of a form, you will receive an on-screen acknowledgement containing a unique reference number. This acknowledgement confirms that your submission has been received by the system. It does not constitute a response, commitment, or decision by the Office.
• 13.5Correction of errors: Before submitting any form, you are given an opportunity to review and correct your entries. Once a form is submitted, corrections may be requested by contacting the Office's Information Officer with your reference number.
• 13.6Electronic signatures: Ticking the acknowledgement checkbox on a form constitutes your electronic signature for purposes of ECTA, confirming your agreement to these Terms.

Accuracy and Completeness of Information

• 14.1You confirm that all personal information you provide through any Office form is accurate, complete, and not misleading at the time of submission.
• 14.2The Office relies on the accuracy of information you provide. Where the Office processes personal information that is inaccurate because you provided incorrect information, and you suffer harm as a result, the Office's liability is limited to the extent described in Section 16.
• 14.3You accept responsibility for notifying the Office promptly if any information you have provided changes materially after submission, particularly where the change may affect the Office's assessment of your request or enquiry.

Intellectual Property

• 15.1All content published on the Website — including speeches, articles, opinion pieces, images, and design elements — is the intellectual property of Dr Malusi Gigaba or is used with appropriate authorisation. No content may be reproduced, redistributed, or used for commercial purposes without the prior written consent of the Office.
• 15.2Non-commercial syndication of published articles is permitted with full attribution (name, title, and a hyperlink to the original publication URL). For broadcast, adaptation, or commercial use, written permission must be obtained from the Editorial desk.
• 15.3By uploading documents through the Contact Form's Editorial category, you represent and warrant that you are the owner of, or have the right to share, any material you upload. You grant the Office a limited, non-exclusive licence to review and respond to uploaded documents for the purpose described in Section 4.3.

Digital Library — Copyright, Intellectual Property & Contributor Warranties

This section applies specifically to all content submitted through the Digital Library Contribution category of the Contact Form. "Contributed Content" means any article, research paper, project report, speech, archival document, or other material submitted by a contributor for consideration for inclusion in the Office's Digital Library.

• 16.1Warranty of ownership and rights. By submitting Contributed Content, you represent and warrant to the Office that:
  • (a)you are the sole author of the Contributed Content, or you have obtained all necessary permissions, licences, and consents from every person who holds rights in the Contributed Content to submit it under these Terms;
  • (b)the Contributed Content does not infringe the copyright, moral rights, trade marks, privacy rights, or any other intellectual property or personal rights of any third party;
  • (c)where the Contributed Content incorporates third-party material (including quotations, data, images, tables, or diagrams), you have identified that material, hold the rights to include it, and have obtained all necessary permissions from the relevant rights holder;
  • (d)the Contributed Content is not defamatory, does not constitute hate speech, and does not violate any applicable law of the Republic of South Africa;
  • (e)these representations are accurate as at the date of submission and you will notify the Office immediately if any of them cease to be accurate after submission.
• 16.2Licence granted to the Office. Subject to your warranties in clause 16.1, by submitting Contributed Content you grant the Office a non-exclusive, royalty-free, perpetual licence to:
  • (a)store, host, and archive the Contributed Content on the Digital Library and on the Office's internal servers for backup and operational purposes;
  • (b)display and publish the Contributed Content on the Website, in whole or in excerpted form, in any medium or format now known or hereafter developed;
  • (c)reference, quote, and cite the Contributed Content in other publications, statements, or communications of the Office, with full attribution to the author;
  • (d)create accessible versions of the Contributed Content (including alternative text descriptions, reformatted or translated summaries) solely to improve access for users with disabilities or for users in other language groups, subject to clause 16.3.
• 16.3Moral rights and attribution. The Office acknowledges your moral rights in the Contributed Content as recognised under South African copyright law. The Office undertakes to:
  • (a)attribute all published Contributed Content to the author(s) by name, title, and institutional affiliation as supplied at the time of submission;
  • (b)not materially alter, distort, or add to the Contributed Content in a manner that prejudices your honour or reputation, without your prior written consent;
  • (c)correct factual errors or formatting inconsistencies at your written request, with your approval of any changes before they are applied.
• 16.4Retention of ownership. You retain full copyright and ownership of your Contributed Content. The licence granted in clause 16.2 does not transfer ownership of the Contributed Content to the Office. Nothing in these Terms prevents you from publishing, licensing, or otherwise dealing with the Contributed Content independently of the Digital Library, provided such independent use does not breach any separate agreement you hold with a third party.
• 16.5Third-party material within submissions. Where your Contributed Content incorporates material owned by a third party:
  • (a)you must disclose all third-party sources and the basis of your authorisation to include them in your submission cover note;
  • (b)the Office accepts no liability for any infringement arising from third-party material included in Contributed Content that was submitted without appropriate authorisation;
  • (c)the Office reserves the right to require the removal or redaction of any third-party material before publishing the Contributed Content, or to decline publication if such material cannot be removed without prejudicing the integrity of the work.
• 16.6Takedown and dispute procedure. If the Office receives a complaint, claim, or takedown notice from a third party asserting that any published Contributed Content infringes their intellectual property or other rights:
  • (a)the Office will notify you of the claim in writing within 5 working days of receipt;
  • (b)the Office may, at its discretion, suspend or remove the Contributed Content from the Digital Library pending resolution of the claim, without this constituting a breach of any obligation to you;
  • (c)you and the Office will cooperate in good faith to resolve the claim promptly and at minimum cost;
  • (d)if the claim is upheld by agreement, mediation, or court order, the Office will permanently remove the relevant Contributed Content and associated references from the Digital Library.
• 16.7Indemnity. You indemnify the Office and hold it harmless against all claims, losses, damages, costs (including legal costs on the attorney-and-own-client scale), and expenses arising directly or indirectly from: (a) any breach of your warranties in clause 16.1; or (b) any claim by a third party that the Contributed Content, or any portion thereof, infringes their copyright, moral rights, trade marks, privacy rights, or any other rights.
• 16.8Withdrawal by contributor. You may request the removal of your Contributed Content from the Digital Library at any time by submitting a written request to the Information Officer, quoting your submission reference number (format: LIB-YYYYMM-XXXX). The Office will remove the Contributed Content within 15 working days of receipt of the request, provided that removal is not prevented by an active legal obligation, court order, or ongoing third-party dispute. Withdrawal does not affect any licence already lawfully exercised by the Office prior to the date of the withdrawal request.
• 16.9Acceptance and rejection. Submission of Contributed Content does not oblige the Office to publish or include it in the Digital Library. The Office reserves the right to accept, reject, or defer any submission at its absolute discretion following completion of the editorial and independent verification review process. Contributors will be notified of the outcome within the timeframe stated on the submission form.

Limitation of Liability

• 17.1The Office makes no warranty, express or implied, that the Website or any form will be available at all times, free from errors, or free from malicious software. The Website is provided on an "as is" and "as available" basis.
• 17.2To the maximum extent permitted by law, the Office will not be liable for any direct, indirect, consequential, or incidental loss or damage arising from:
  • (a)your use of, or inability to use, the Website or any form;
  • (b)any failure or delay in responding to a submission;
  • (c)any unauthorised access to or alteration of your submissions, unless directly caused by the Office's gross negligence.
• 17.3Response times stated on forms (such as "within 24–48 hours" or "within 5 working days") are targets and not guaranteed commitments. The Office accepts no liability for failure to meet stated response targets where such failure arises from circumstances beyond its reasonable control.

Governing Law and Jurisdiction

• 18.1These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, including POPIA, ECTA, PAIA, the Consumer Protection Act 68 of 2008 (where applicable), and the Constitution.
• 18.2Any dispute arising from or related to these Terms that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

Amendments to these Terms

• 19.1The Office reserves the right to amend these Terms at any time to reflect changes in law, practice, or the Office's operations. The version and effective date at the top of this document will be updated accordingly.
• 19.2Continued use of any Office form after an amendment has been published constitutes your acceptance of the revised Terms. Where the amendment materially affects your rights, the Office will take reasonable steps to bring the change to your attention.
• 19.3Previous versions of these Terms are available on request from the Information Officer.

Complaints to the Information Regulator

If you believe the Office has violated your rights under POPIA and are not satisfied with the Office's response to your complaint, you have the right to lodge a complaint with the Information Regulator of South Africa:

Contact the Office & Information Officer

For all data subject requests, PAIA access requests, privacy complaints, or general enquiries relating to these Terms, contact the Office's Information Officer:

These Terms constitute the complete statement of the Office's obligations to you as a data subject, and your obligations to the Office, in respect of personal information collected through the Website's forms. They do not limit any rights you may have under applicable South African law.

Version 1.0  ·  Effective date: 10 May 2026  ·  Prepared with reference to the Protection of Personal Information Act 4 of 2013, the Electronic Communications and Transactions Act 25 of 2002, and the Promotion of Access to Information Act 2 of 2000.