1. GLOSSARY OF TERMS
1.1. In this document, clause headings are for convenience and shall not be used in its interpretation unless the context clearly indicates a contrary intention 1.1.1. Data Subject means the individual or entity to whom the Personal Information relates, as fully described in section 1 of POPIA;
1.1.2. Head means the head of the Organization whose details are as set out in 3 above;
1.1.3. Organization means [Uthingo Holdings and its Subsidiaries];
1.1.4. Personal Information means information relating to a person/or entity that identifies that person or entity i.e. contact details, physical address, company logo, medical and financial, employment and educational history, age, sex, race, ethnicity, email addresses, phone messages, biometric information of a person, personal opinions/views/preferences of the person etc.;
1.1.5. Constitution means the Constitution of the Republic of South Africa Act, 1996 (Act No. 108 of 1996);
1.1.6. Request Liaison Officer means person duly authorised by the head of the company and appointed by the company to facilitate or assist the head of the company with any request in terms of the Act;
1.1.7. Responsible Party means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing Personal Information, as fully described in section 1 of POPIA;
1.1.8. PAIA means the Promotion of Access to Information Act, 2000 (Act No.2 of 2000; and
1.1.9. POPIA means the Protection of Personal Information Act, 2013 (Act No. 4 of 2013).
1.2. Any reference to any statute, regulation or other legislation shall be a reference to that statute, regulation or other legislation as at the signature date, and as amended or substituted from time to time.
1.3. If any provision in a definition is a substantive provision conferring a right or imposing an obligation on any party then, notwithstanding that it is only in a definition, effect shall be given to that provision as if it were a substantive provision in the body of this document.
1.4. Where any term is defined within a particular clause other than this, that term shall bear the meaning ascribed to it in that clause wherever it is used in this document;
1.5. Where any number of days is to be calculated from a particular day, such number shall be calculated as excluding such particular day and commencing on the next day. If the last day of such number so calculated falls on a day which is not a business day, the last day shall be deemed to be the next succeeding day which is a business day.
1.6. Any reference to days (other than a reference to business days), months or years shall be a reference to calendar days, months or years, as the case may be;
1.7. The use of the word “including” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example.
1.8. Insofar as there is a conflict in the interpretation of or application of this document and the Act, the Act shall prevail.
1.9. This document does not purport to be exhaustive of or comprehensively deal with every procedure provided for in the Act. A requester is advised to familiarise his/her/itself with the provisions of the Act before lodging any request with the company
2. PURPOSE
2.1. The purpose of this Manual is to facilitate the requests for access to records of the Organization as provided for in the Act.
3. DETAILS OF THE COMPANY
Full name : Uthingo Empowerment Holdings (Pty) LTD
Registration Number : 2024/184907/07
Postal Address :
Wedgefield Office Park,
17 Muswell Road S, Bryanston
2191
Physical Address :
Wedgefield Office Park,
17 Muswell Road S, Bryanston
2191
Telephone : 010 142 9232
Website : https://www.uthingoesd.co.za/
Email : enquiries@uthingoesd.co.za
4. CONTACT DETAILS OF THE HEAD OF ORGANIZATION AND REQUEST LIASON OFFICER
4.1. The Head of Organisation is Nontombi Selepe. Her contact details are:
Telephone: 010 142 9232
Email : enquiries@uthingoesd.co.za
4.2. The Request Liaison Officer is Jhuanita Rogers:
Telephone 010 142 9233
Email : enquiries@uthingoesd.co.za
5. INTRODUCTION
5.1. The Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”) gives effect to the Constitutional right of access to any information held by any public or private body that is required for the exercise or protection of any rights. The Act sets out the procedure attached to such request.
5.2. Section 9 of the Act, however, recognises that such right to access to information is subject to certain justifiable limitations, for instance limitations aimed at:
5.2.1. The reasonable protection of privacy;
5.2.2. Commercial confidentiality; and
5.2.3. Effective, efficient and good governance.
5.3. Section 51 of the Act obliges an information officer of a Responsible Party to ensure that a PAIA manual is developed, monitored, maintained and available to any individual whose Personal Information is held by the Responsible Party.
5.4. The purpose of this manual is therefore to inform and describe how individuals may exercise their Constitutional right of access to information in the possession of the Organization and thereby giving effect to Section 51 of the Act
6. DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10
6.1. A Guide has been compiled in terms of Section 10 of PAIA by the South African Human Rights Commission (SAHRC). It contains information required by a person wishing to exercise any right, contemplated by PAIA. It is available in all of the official languages.
6.2. The Guide is available for inspection, inter alia, at the office of the offices of the Human Rights Commission at JD House, 27 Stiemens Street, Braamfontein, Johannesburg, Gauteng and at www.sahrc.org.za.
6.3. For further information please contact the SAHRC:
Postal Address: PAIA Unit:
The Research and Documentation Department
Postal Address:
P.O Box 31533
Braamfontein, Johannesburg, 2017
Email: info@sahrc.org.za
From 1 July 2021 the contact details will be for
Street Address:
Information Regulator South Africa
JD House, 27 Stiemens Street
Braamfontein, Johannesburg, 2001
Postal Address:
P.O Box 31533
Braamfontein, Johannesburg, 2017
General enquiries email: inforeg@justice.gov.za .
Complaints email: complaints.IR@justice.gov.za
7. RECORDS THAT ARE AUTOMATICALLY AVAILABLE TO EITHER EMPLOYEES ONLY OR THE GENERAL PUBLIC AND EMPLOYEES
7.1. The following records are automatically available to all employees and need not be requested in accordance with the procedure outlined in paragraph 9 –
7.1.1. personnel records are available to the employee whose file it is;
7.1.2. records of disciplinary hearings and related matters are available to the
employee concerned;
7.1.3. the company’s policies and procedures manual;
7.1.4. the company’s document format manual.
7.2. The following records are automatically available to the general public and all employees and need not be requested in accordance with the procedure outlined in paragraph 9 –
7.2.1. General information about the Organization can be accessed via the internet at www.uthingoesd.co.za, which is available to all persons who have access to the internet.
7.2.2. the company’s employment equity plan;
7.2.3. the company’s skills development plan.
8. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION AS CONTEMPLATED IN SECTION 51(1)(D) OF THE ACT
8.1. Records available in terms of other legislation are as listed below. These records are not automatically available without a request in terms of the Act:
1. Arbitration Act No. 42 of 1965
2. Basic Conditions of Employment Act No. 75 of 1997
3. Broad-based Black Economic Empowerment Act 53 of 2003
4. Companies Act No 71 of 2008 and Applicable Regulations
5. Compensation for Occupational Injuries and Health Diseases Act No. 130 of 1993
6. Consumer Protection Act 68 of 2008
7. Copyright Act No. 98 of 1978
8. Electronic Communications Act, No. 36 of 2005;
9. Electronic Communications and Transactions Act No 25 of 2002
10. Employment Equity Act. No. 55 of 1998
11. Financial Advisory and Intermediary Services Act 37 of 2002
12. Financial Intelligence Centre Act No. 38 of 2001.
13. Financial Services Board Act No. 97 of 1990
14. Harmful Business Practices Act No. 23 of 1999
15. Identification Act 68 of 1997
16. Insider Trading Act 135 of 1998
17. Insurance Act No. 27 of 1943
18. Intellectual Property Laws Amendment Act No. 38 of 1997
19. Labour Relations Act No 66 of 1995
20. Long –Term Insurance Act No. 52 of 1998
21. National Credit Act No. 34 of 2005
22. National Water Act 36 of 1998.
23. Nonprofit Organizations Act No. 71 of 1997
24. Promotion of Access to Information Act No.2 of 2000
25. Promotion of Equality and Prevention of Unfair Discrimination Act No. 4 of 2000
26. Protected Disclosures Act No. 26 of 2000
27. Protection of Personal Information Act 4 of 2013
28. Regulation of Interception of Communication and Provision of Communications Act, No.2 of 2000
29. Information Act No. 70 of 2002
30. Skills Development Act 97 of 1998
31. Trademarks Act 194 of 1993
32. Unemployment Insurance Act No. 63 of 2001
33. Unemployment Insurance Contributions Act No 4 of 2002
34. Value Added Tax Act No 89 of 1991
9. DATA SUBJECTS AND CATEGORIES OF OTHER RECORDS HELD BY THE ORGANIZATION IN TERMS OF SECTION 51(1)(C)
9.1. These records are not automatically available without a request in terms of the Act. A request in terms of this section is subject to section 63(1) of the Act, which provides that the head of a company must refuse a request for access to a record of the company if the disclosure of the record would involve the unreasonable disclosure of personal information about a third party including a deceased individual.
9.2. The Data Subjects on which the private body holds records and the categories on each Data Subject in terms of Section 51(1)(e) are as listed paragraph 12 below. Please note that a requester is not automatically allowed access to these records and that access to them may be refused in accordance with Sections 62 to 69 of the Act:
9.3. Organization Records
1. Documents of Incorporation;
2. Memorandum of Incorporation;
3. Minutes of meeting of the Board of Directors;
4. Research and development;
5. Special resolutions/Resolutions passed at meetings.
9.4. Records relating to the appointment of:
1. Auditors;
2. Directors;
3. Prescribed Officer.
4. Public Officer; and
5. Company Secretary;
9.5. Financial Records
1. Accounting Records
2. Annual Financial Reports;
3. Annual Financial Statements
4. Asset Registers;
5. Bank Statements
6. Banking details and bank accounts;
7. Banking Records
8. Debtors / Creditors statements and invoices;
9. General ledgers and subsidiary ledgers;
10. General reconciliation;
11. Invoices;
12. Paid Cheques
13. Policies and procedures;
14. Rental Agreements; and
15. Tax Returns.
9.6. Income Tax Records
9.7. PAYE Records
1. Documents issued to employees for income tax purposes
2. Records of payments made to SARS on behalf of employees
3. All other statutory compliances:
4. VAT
5. Regional Services Levies
6. Skills Development Levies
7. UIF
8. Workmen’s Compensation
9.8. Personnel Documents and Records
1. Accident books and records;
2. Address Lists;
3. Disciplinary Code and Records;
4. Employee benefits arrangements rules and records;
5. Employment Contracts;
6. Employment Equity Plan
7. Forms and Applications;
8. Grievance Procedures;
9. Leave Records;
10. Medical Aid Records;
11. Payroll reports;
12. Pension Fund Records;
13. Safety, Health and Environmental records;
14. Salary Records;
15. SETA records
16. Standard letters and notices
17. Training Manuals;
18. Training Records;
19. Employee agreements and records.
9.9. Procurement function
1. Standard Terms and Conditions for supply of services and products;
2. Contractor, client and supplier agreements;
3. Lists of suppliers, products, services and distribution; and
4. Policies and Procedures.
9.10. Sales function
1. Customer details
2. Credit application information
3. Information and records provided by a third party
9.11. Marketing function
1. Advertising and promotional material
9.12. Risk Management and Audit
1. Audit reports;
2. Risk management frameworks; and
3. Risk management plans.
9.13. Safety, Health and Environment
1. Complete Safety, Health and Environment Risk Assessment
2. Environmental Managements Plans
3. Inquiries, inspections, examinations by environmental authorities
9.14. IT Department
1. Computer / mobile device usage policy documentation;
2. Disaster recovery plans;
3. Hardware asset registers;
4. Information security policies/standards/procedures;
5. Information technology systems and user manuals
6. Information usage policy documentation;
7. Project implementation plans;
8. Software licensing; and
9. System documentation and manuals
10. RECORDS AUTOMATICALLY AVAILABLE ON THE COMPANY WEBSITE
10.1. The Organization publishes a broad range of informative material both in print and on its website at www.uthingoesd.co.za. The Data Subject may obtain Personal Information about themselves or information about the Organization on the website. The Organization will provide such information on request to the office where the records are held. A fee may be charged for copying of records depending on the volume requested.
11. INFORMATION OFFICERS
11.1. The position of the Information Officer including Deputy Information Officer s in terms of section 55 of POPIA.
11.2. The contact details of the Information Officer and Deputy Information Officer(s) designated in terms of section 17 of the Act are as follows:
Information Officer:
Name : Nontombi Selepe
Contact Number : 010 142 9232
Email : enquiries@uthingoesd.co.za
Deputy Information Officer:
Name : Jhuanita Rogers
Contact Number : 010 142 9232
Email : enquiries@uthingoes.co.za
PURPOSE OF PROCESSING OF PERSONAL INFORMATION:
1. To support sales and marketing activities
2. To support recruitment and management of staff
3. To support engagement with clients
4. To support engagement with suppliers
5. To support engagement with the general public
6. To support engagement with donors and the media
12. DATA SUBJECTS CATEGORIES AND THEIR PERSONAL INFORMATION
1. Clients: record of client life cycle
2. Employees: record of employee life cycle
3. Suppliers: record of supplier life cycle
4. General public: tracking general enquiries and web site visits
5. Donors : records as maintained by the Organization
6. Media: records of media interactions
13. PLANNED RECIPIENTS OF PERSONAL INFORMATION
1. Statutory authorities
2. Law enforcement
3. Tax authorities
4. Financial institutions
5. Medical schemes
6. Employee pension and provident funds
7. Industry bodies
14. PLANNED TRANS-BORDER FLOWS OF PERSONAL INFORMATION
1. Flows to service providers/operators
2. Flows to business partners
3. Flows to customers
4. Flows to suppliers
5. Flows through the use of social media]
15. SECURITY MEASURES TO PROTECT PERSONAL INFORMATION
1. Physical security measures
2. Cyber security measures
3. Training in information security
4. Policies in information security
5. Audits of information security
6. Any particular security framework implemented]
16. PROCESS OF MAKING A REQUEST FOR ACCESS
16.1. Form for Request:
16.1.1. The requester must complete a Form 02 to request for access to records and submit this form together with a request fee, to the Chief Executive Officer. The form must be submitted to the Chief Executive Officer, at his/her address or electronic mail address as stated earlier in this manual. The Foundation must respond with a Form 03 outlining the outcome of request and fees payable. In the event of an appeal, the requestor must complete a Form 04 for internal appeal. Copies of the forms are attached and marked annexure A (the “prescribed forms”). The forms are also available from the website of the Information Regulator https://registrations.inforegulator.org.za.
16.2. Request Requirements:
16.2.1. The requester must use the prescribed form, to make the request for access to a record.
16.2.2. The requester must provide sufficient detail on the request form to enable the designated Head to identify the record and the requester.
16.2.3. The requester should indicate which form of access is required.
16.2.4. The requester should indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c)].
16.2.5. The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2)(d)].
16.2.6. If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the designated Head of the private body [s 53(2)(f)] and follow the same process as stated in paragraph 16.1 above.
16.2.7. A requester who seeks access to a record containing Personal Information about that requester is not required to pay the request fee.
16.2.8. Every other requester, who is not a personal requester, must pay the required request fee.
16.2.9. The designated Head of the private body must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)].
16.2.10. The fee that the requester must pay to a private body is currently R50,00. The requester may lodge an application to the court against the tender or payment of the request fees 54(3)(b)].
16.2.11. After the designated Head of the Organization has made a decision on the request, the requester must be notified in the required form.
16.2.12. If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].
17. GROUNDS FOR REFUSING A REQUEST
17.1. The Organization has the right to reject any request for information submitted in terms of Sections 62 to 70 of Chapter 4 of the PAIA Act.
17.2. If the request for access is refused, the Head of the Organization or the Request Liaison Officer shall advise the requester in writing of the refusal. The notice of refusal shall state –
17.3. adequate reasons for the refusal;
17.4. that the requester may lodge an appeal with a court of competent jurisdiction against the refusal of the request (including the period) for lodging such an appeal.
17.5. Upon the refusal by the Head of the Organization or the Request Liaison Officer, the deposit paid by the requester will be refunded.
17.6. If the Head of the Organization or the Request Liaison Officer fails to respond within 30 (thirty days) after a request has been received, it is deemed, in terms of section 58 read together with section 56(1) of the Act, that the Head of the Organization or the Request Liaison Officer has refused the request.
17.7. The Head of the Organization may decide to extend the period of thirty days (“original period”) for another period of not more than thirty days if –
17.7.1. the request is for a large number of records;
17.7.2. the search for the records is to be conducted at premises not;
17.7.3. the search for the records is to be conducted at premises not situated in the same town or city as the head office of the Organization;
17.7.4. consultation among divisions or departments, as the case may be, of the
Organization is required;
17.7.5. the requester consents to such an extension in writing; and
17.7.6. the parties agree in any other manner to such an extension.
17.8. Should the Organization require an extension of time, the requester shall be informed in the manner stipulated in the prescribed form of the reasons for the extension.
17.9. The requester may lodge an appeal with a court of competent jurisdiction against any extension or against any procedure set out in this section.
18. INFORMATION OR RECORDS NOT FOUND
18.1. If all reasonable steps have been taken to find a record, and such a record cannot be found or if the records do not exist, then the Head of the Organization or the Request Liaison Officer shall notify the requester, by way of an affidavit or
affirmation, that it is not possible to give access to the requested record.
18.2. The affidavit or affirmation shall provide a full account of all the steps taken to find the record or to determine the existence thereof, including details of all communications by the Head of the Organization or the Request Liaison Officer
with every person who conducted the search.
18.3. The notice, as set out in 18.1, shall be regarded as a decision to refuse a request for access to the record concerned for the purposes of the Act.
18.4. If the record in question should later be found, the requester shall be given access to the record in the manner stipulated by the requester in the prescribed form unless access is refused by the Head of the Organization or the Request Liaison Officer.
18.5. The attention of the requester is drawn to the provisions of Chapter 4 of Part 3 of the Act in terms of which the Organization may refuse, on certain specified grounds, to provide information to a requester
19. INFORMATION REQUESTED ABOUT A THIRD PARTY
19.1. Section 71 of the Act makes provision for a request for information or records about a third party.
19.2. In considering such a request, the Organization will adhere to the provisions of sections 71 to 74 of the Act.
19.3. The attention of the requester is drawn to the provisions of Chapter 5 of Part 3 of the Act in terms of which the Organization is obliged, in certain circumstances, to advise third parties of requests lodged in respect of information applicable to or concerning such third parties. In addition, the provisions of Chapter 2 of Part 4 of the Act entitle third parties to dispute the decisions of the Head of the Organization or the request liaison officer by referring the matter to the High Court.
20. APPEAL
20.1. A requestor may lodge an internal appeal against a decision of the Information Officer of the Organization:
20.1.1. To refuse a request for access; or
20.1.2. Taken in terms of section 22, 26(1) or 29(3), in relation to that requester, with the Minister for Provincial and Local Government.
20.2. A third party may lodge an internal appeal against a decision of the Information Officer of the Organization to grant a request for access.
20.3. An internal appeal must be lodged in the prescribed form:
20.3.1. Within 60 days;
20.3.2. If notice to a third party is required, within 30 days after notice is given to the appellant of the decision against;
20.3.3. It must be delivered or sent to the Information Officer of the Organization at his or her addresses or fax number;
20.3.4. It must identify the subject of the internal appeal and state the reasons for the internal appeal and may include any other relevant information known
to the appellant;
20.3.5. If, in addition of a written reply, the appellant wishes to be informed of the
decision on the internal appeal in any other manner, must state that manner and provide the necessary particulars to be so informed;
20.3.6. If applicable, must be accompanied by the prescribed appeal fee, and specify a postal address or fax number.
20.4. If an appeal is lodged after the expiry of the period referred to, the Minister must, upon good cause shown, allow the late lodging of the appeal.
20.5. If the Minister disallows the late lodging of the appeal, he or she must give notice of that decision to the person appeal fee (if any).
20.6. A requestor lodging an appeal against the refusal of his or her request of an appeal, the decision on the appeal may be deferred until the fee is paid.
20.7. As soon as reasonably possible, but in any event within ten (10) working days after receipt of an appeal, the information Officer of the Organization must submit the following to the Minister:
20.7.1. The appeal together with his or her reasons for the decision concerned; and
20.7.2. If the appeal is against the refusal or granting of a request for access, the name, postal address, phone and fax number and electronic mail address,
whichever is available, of any third party that must be notified of the request.
21. AVAILABILITY OF THE MANUAL
21.1. This manual is available for inspection at the office of the Organization free of charge.
22. UPDATING OF MANUAL
22.1. The Organization may update this manual annually or at such intervals as may be necessary
23. FEES IN RESPECT OF PRIVATE BODIES
23.1. The following is a breakdown of the fees structure for the purposes of determining the manner in which fees relating to a request for access to a record of a private body are to be calculated. Part III of Regulation 187 published in the Government Gazette on the 15 February 2002. The fees payable are as summarised below:
23.1.1. The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof.
23.1.2. The fees for reproduction referred to in regulation 11(1) are as follows:
1. For every photocopy of an A4-size page or part thereof R1,10
2. For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form R0, 75
3. For a copy in a computer-readable form on – (i) stiffy disc R 7, 50; (ii) compact disc R 70,00
4. For a transcription of visual images, for an A4-size page or part thereof R
40,00, (ii) For a copy of visual images R 60,00
5. For a transcription of an audio record, for an A4-size page or part thereof R
20,00; (ii) For a copy of an audio record R 30,00
23.1.3. The request fee payable by a requester, other than a personal requester,
referred to in Regulation 11(2) is R50,00.
23.1.4. The access fees payable by a requester referred to in Regulation 11(3) are as follows:
1. For every photocopy of an A4-size page or part thereof R 1,10;
2. For every printed copy of an A4-size page or part; thereof held on a computer or in electronic or machine-readable form R 0,75;
3. For a copy in a computer-readable form on – (i) stiffy disc R 7,50; (ii) compact disc R 70,00
4. For a transcription of visual images, for an A4-size page or part thereof R 40,00; (ii) For a copy of visual images R 60,00
5. For a transcription of an audio record, for an A4-size page or part thereof R 20,00; (ii) For a copy of an audio record R 30,00
23.1.5. To search for and prepare the record for disclosure, R30,00; for each hour or part of an hour reasonably required for such search and preparation.
23.1.6. For purposes of section 54(2) of the Act, the following applies:
1. Six hours as the hours to be exceeded before a deposit is payable; and
2. one third of the access fee is payable as a deposit by the requester.
23.1.7. The actual postage is payable when a copy of a record must be posted to a requester