MANUAL IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT NO. 2 OF 2000, AS AMENDED.
1. BACKGROUND TO THE PROMOTION OF ACCESS TO INFORMATION ACT
1.1. The Promotion of Access to Information Act No. 2 of 2000, as amended (hereinafter referred to as “PAIA”), was enacted on 3 February 2000 and aims to: -
1.1.1. Foster and maintain a culture of transparency and accountability in public and private bodies by giving effect to the right of access to information, as contained in Section 32 of the Constitution of the Republic of South Africa; and
1.1.2. Actively promote a society in which the people of South Africa have effective access to information, in order to cultivate the full exercise and protection of their rights.
1.2. Pursuant to Section 51 of PAIA, all private bodies are required to compile a manual, for purposes of compliance in respect thereof.
1.3. Reference to, and inclusion of, any information herein, in addition to the information, which is specifically required in terms of Section 51 of PAIA, does not have the effect of creating any rights or entitlements to receive such information, unless it is so prescribed in terms of PAIA.
1.4. PAIA gives any person who seeks access to a record of a private or public body (hereinafter referred to as a “REQUESTER”), a right to lodge a request for access to the information officer of a public or private body.
1.5. PAIA provides that requests for access to a company’s prescribed information may be made to the company, and that the company is obliged to make such information available, subject to applicable legislative and/or regulatory requirements, unless such information is prohibited from release, in terms of PAIA.
2. PURPOSE OF THE MANUAL
This Manual seeks to promote the right of access to information, by setting out how to submit requests for access to information held by the COMPANY, as well as the type of information the COMPANY holds, to actively promote a society in which the people of South Africa have effective access to information to enable them to exercise and protect their rights.
3. COMPANY INTRODUCTION
3.1. Enterprise Africa International (Pty) Ltd with registration number, 2016 / 330251 / 07, (hereinafter referred to as the “COMPANY”) is a private company duly incorporated and registered in South Africa in accordance with the provisions of the Companies Act 71 of 2008, as amended, with its registered office at 300 Acacia Road, Darrenwood, Randburg, Gauteng, 2194.
3.2. The COMPANY is a business management and administration consultancy agency providing a range of services to various client locally and internationally.
3.3. This manual of the COMPANY is available for viewing at its premises situated at 1st Floor Kiepersol House, Stonemill Office Park, 300 Acacia Road, Darrenwood, 2194 as well as on the COMPANY’S website, which may be accessed at: -
3.3.1. https://enter-africa.com/
4. CONTACT DETAILS (SECTION 51(1)(a))
4.1. Head of the COMPANY for the purposes of PAIA and to whom requests for access to information should be addressed is:
4.1.1. Mr. Volker Werth
4.2. Contact:
4.2.1. Postal Address: PO BOX 4367, Cresta, Gauteng, 2118
4.2.2. Street Address: 1st Floor Kiepersol House, Stonemill Office Park, 300 Acacia Road, Darrenwood, 2194 .
4.2.3. Telephone Number: +27 11 476 1725
4.2.4. Email Address: support@enter-africa.com
5. THE GUIDE AS REFERRED TO IN SECTION 10 OF THE ACT (SECTION 51(1)(b))
5.1. The South African Human Rights Commission has compiled a Guide, as is required in terms of Section 10 of PAIA, which contains information reasonably required by a person wishing to exercise any rights contemplated in PAIA, such as:
5.1.1. How to use PAIA;
5.1.2. The objective of PAIA;
5.1.3. Particulars of all public and private bodies;
5.1.4. The manner and form of requests;
5.1.5. The assistance available from the South African Human Rights Commission in terms of PAIA; and
5.1.6. The regulations which have been publicised in terms of PAIA.
5.2. PAIA grants a REQUESTER access to records of a private body, if the record is required for the exercise or protection of any rights of its/his/hers. If a public body lodges a request, the public body must be acting in the public interest.
5.3. Requests in terms of PAIA shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 8 and 9 of this Manual.
5.4. REQUESTERS are referred to the Guide in terms of section 10 of PAIA, which has been compiled by the South African Human Rights Commission, which will contain information for the purpose of exercising constitutional rights.
5.5. Access to the Guide may be obtained on the South African Human Rights Commission’s website at sahrc.org.za.
5.6. The contact details of the South African Human Rights Commission are:
5.6.1. Postal Address: Private Bag 2700, Houghton, 2041
5.6.2. Telephone Number: +27-11-877 3600
5.6.3. Fax Number: +27-11-403 0625
5.6.4. E-mail: PAIA@sahrc.org.za
5.6.5. Website: sahrc.org.za
6. SECTION 52(2) NOTICE (SECTION 51(1)(b)(ii))
6.1. At this stage, no notices have been published on the categories of records that are automatically available, without a person having to request access in terms of PAIA.
6.2. However, certain information is freely available on the COMPANY’S website(s) listed in paragraph 3.3 above, which information includes, but is not limited to: -
6.2.1. Contact information for the COMPANY as well as its various departments;
6.2.2. Products and service offerings, as well as their corresponding prices (where available); and
6.2.3. Guides and Newsletters (where available).
7. INFORMATION/DOCUMENTATION HELD IN ACCORDANCE WITH OTHER LEGISLATION (SECTION 51(1)(b)(iii)
7.1. Certain records of the COMPANY are available in terms of legislation other than PAIA. The specific records, which are available in terms of such legislation, are set out therein and these records may in certain instances on be accessed by the persons specified in the relevant legislation.
7.2. Accordingly, information is available in terms of the following legislation, if and where applicable:
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Item Number |
Legislation |
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1. |
Companies Act 71 of 2008, as amended. |
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2. |
Copyright Act 98 of 1978, as amended. |
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3. |
Trade Marks Act 194 of 1993, as amended. |
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4. |
Employment Equity Act 55 of 1998, as amended. |
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5. |
Income Tax Act 95 of 1967, as amended. |
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6. |
Labour Relations Act 66 of 1995, as amended. |
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7. |
Basic Conditions of Employment Act 75 of 1997, as amended |
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8. |
Value Added Tax Act 89 of 1991, as amended. |
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9. |
Protection of Personal Information Act 4 of 2013, as amended. |
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10. |
Unemployment Insurance Act 30 of 1996, as amended. |
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11. |
Electronic Communications and Transactions Act 25 of 2002, as amended |
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12. |
Compensation of Occupational Injuries and Diseases Act 130 of 1993, as amended |
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13. |
Consumer Protection Act 68 of 2008, as amended. |
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14. |
Tax Administration Act 28 of 2011, as amended. |
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15. |
Financial Intelligence Centre Act 38 of 2001, as amended. |
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16. |
Competition Act 71 of 2008, as amended. |
7.3. The above is not an exhaustive list of the COMPANY’S applicable statutes, which may require the keeping of records.
8. FORM OF REQUEST (SECTION 51(1)(b)(iv))
8.1. To facilitate the processing of your request for access to a record, kindly:
8.2. Use the prescribed form (Form C), which form is also annexed hereto, marked Annexure “A”, and available on the website of the South African Human Rights Commission at sahrc.org.za.
8.3. Address your request to the Head of the COMPANY.
8.4. Provide sufficient details to enable the COMPANY to identify:
8.4.1. The record(s) requested;
8.4.2. The REQUESTER (and if an agent is lodging the request, proof of capacity);
8.4.3. The form of access which is required;
8.4.4. The postal address or fax number of the REQUESTER in the Republic of South Africa;
8.4.5. The right, which the REQUESTER is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right;
8.4.6. If the REQUESTER wishes to be informed of the decision in any manner (in addition to the written decision), the manner and particulars thereof;
8.4.7. If the request is made on behalf of a person, to furnish proof of the capacity in which the REQUESTER makes such request, to the satisfaction of the COMPANY’S
8.5. The COMPANY may, and must in certain instances, refuse access to records on any of the grounds set out in Part 3 of Chapter 4 of PAIA, which instances include, but are not limited to, the following:
8.5.1. That access would have the effect of unreasonably disclosing personal information about a third party;
8.5.2. The necessity of protecting the confidential information of a third party;
8.5.3. The necessity of protecting the safety of individuals and protecting property;
8.5.4. That the record constitutes privileged information of a third party, or the COMPANY itself; and
8.5.5. Professional privilege.
8.6. The COMPANY will make a decision in relation to a request for a record within 30 (Thirty) days from the date of receipt of the request, unless third parties are required to be notified or the 30 (Thirty) day period is extended as provided for in PAIA. The COMPANY will notify the REQUESTER
8.7. Where a request is refused, the COMPANY has no internal appeal procedures and the decision of the head of the COMPANY is final and binding. Notwithstanding the aforementioned, external remedies may be available to the REQUESTER, such as:
8.7.1. The REQUESTER may apply to Court within 30 (Thirty) days from the date of refusal of the request, for an order compelling the record, or records, requested to be made available; or
8.7.2. The REQUESTER may apply to Court within 30 (Thirty) days from the date of refusal of the request, for another appropriate order.
8.7.3. Whereafter, the Court will determine whether the records are required to be made available or not.
8.8. Additionally, the COMPANY holds records pertaining to certain subjects. The below table provides an indication of the subjects, on which the COMPANY holds records, as well as the categories of records held on each subject.
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SUBJECTS ON WHICH THE COMPANY HOLDS RECORDS. |
CATEGORIES OF RECORDS HELD ON EACH SUBJECT. |
PURPOSE OF PROCESSING |
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Property |
Asset registers, Title Deeds and Lease agreements in respect of immovable property, insurance records in respect of moveable and immovable property. |
To ensure our property is well maintained and to ensure that our contractual and legal obligations in respect thereof are complied with. |
|
Accounting Records |
Accounting records, debtors records, creditors records, insurance reports, Auditors reports, invoices, billing information, reconciliations, credit/debit notes, journals, annual financial statements, ledgers, balance sheets, income statements, trial balances, payment schedules, cheque runs and cash flow statements, interim and annual financial statements. |
To ensure our financial records are accurate and up to date, and to ensure we comply with obligations imposed by law. |
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Publications |
Updates, newsletters, COMPANY information, product information and other publications prepared by the COMPANY. |
To provide information to customers and potential customers regarding our products and services. |
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Taxation Records |
Pay as you earn records, documents issued to employees pertaining to income tax, records of payments to SARS on behalf of employees, COMPANY Tax Returns, COMPANY VAT records, Unemployment Insurance Fund Records |
To comply with our contractual obligations, as well as obligations imposed by law. |
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Administration Records |
Minutes of meetings of the COMPANY, minutes of meetings of the committees and sub committees of the COMPANY, general correspondence, lease agreements, copies and correspondence relating to various insurance policies, salary work-papers, security systems and operational records. |
To ensure our company operates in accordance with obligations imposed by law and/or contract. |
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Human Resources Records |
Contracts of employment, list of employees, conditions of employment, payroll records, disciplinary records, leave records, remuneration records, conditions of employment, job specifications, performance evaluations, health and safety records personnel files, records provided by third parties relating to personnel, information relating to prospective employees including curricula vitae and application forms, employee tax information, insurance fund contributions, documents relating to disciplinary and grievance procedures and all employment applications, remuneration policy. |
To ensure that we are able to meet our contractual and legal obligations towards our employees. |
|
Marketing |
Content for the COMPANY’S website, customer records, databases, product records mailing lists for clients and potential clients and general correspondence. |
To ensure that we market in accordance with applicable legal provisions. |
|
Clients |
Client information and documentation including documentation in terms of FICA, correspondence with clients and correspondence with third parties. |
To comply with our contractual obligations and obligations imposed by law. |
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Suppliers |
Supplier lists and details, agreements with suppliers, support and maintenance agreements, programmes including software license agreements. |
To comply with our contractual |
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Information Technology |
The network and the systems on it, Information technology computer software, records relating to computer systems. |
To ensure that our Information Technology systems continue to operate optimally. |
9. RELATIONSHIP WITH THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013, AS AMENDED (‘POPIA’) (SECTIONS 51(1)(c)(i) - 51(1)(c)(v))
9.1. The COMPANY shall only collect PERSONAL INFORMATION in accordance with a section 13 of POPIA;
9.2. Such collection shall be for a specific and explicitly defined and lawful purpose related to a function or activity of the COMPANY and shall be processed in accordance with the provisions of Chapter 3 of POPIA;
9.3. The COMPANY collects and processes PERSONAL INFORMATION of various categories of DATA SUBJECTS, including but not limited to, the COMPANY’S customers (whether a natural or juristic person), the COMPANY’S suppliers and the COMPANY’S
9.4. The PERSONAL INFORMATION referred to in paragraph 3, relates to the COMPANY’S legal obligations toward the aforementioned categories of DATA SUBJECTS whether these obligations exist at the time of publication of this manual, or in the future;
9.5. The recipients of the PERSONAL INFORMATION processed by the COMPANY shall only be authorised individuals within the COMPANY and/or an OPERATOR, as provided for in section 20 of POPIA, in terms of an operator agreement concluded between the OPERATOR and the COMPANY;
9.6. The COMPANY shall only share PERSONAL INFORMATION across the borders of the Republic of South Africa, in accordance with section 72 of POPIA; and
9.7. The COMPANY conducts regular risk assessments to maintain and secure the integrity of the information security measures it has in place with the sole purpose of ensuring the COMPANY safeguards the DATA SUBJECT’S, of whichever category, PERSONAL INFORMATION remains confidential and retains its integrity.
10. AVAILABILITY UPON REQUEST (SECTION 51(3)(c))
10.1. The following applies to requests (other than personal requests):
10.1.1. A REQUESTER is required to pay the prescribed fees (R50.00) before a request will be processed;
10.1.2. If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);
10.1.3. A REQUESTER may lodge an application with a court against the tender/payment of the request fee and/or deposit;
10.1.4. Records may be withheld until the fees have been paid.
10.1.5. Payments should be made to the COMPANY.
10.2. The fee structure is available on the website of the South African Human Rights Commission at sahrc.org.za, and is attached hereto marked Annexure “B”.
11. AVAILABILITY OF THE MANUAL (SECTION 51(1)(3))
This manual is available for inspection at the offices of the COMPANY during office hours and free of charge, as well as on the COMPANY’S website(s), which may be accessed at:
11.1.1. https://enter-africa.com/