MANUAL IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT NO. 2 OF 2000, AS AMENDED.
The following expressions have the meanings assigned to them hereunder and cognate expressions bear corresponding meanings, namely -
This PAIA Manual is useful for the public to-
4. COMPANY INTRODUCTION
5. KEY CONTACT DETAILS (SECTION 51(1)(a))
Postal Address: PO Box 4367, Cresta, Gauteng, 2118 Physical Address: 300 Acacia Road, Darrenwood Randburg,Gauteng, 2194.
Telephone: 011 476 1776
Email: sales@enter-africa.com
Website: www.enter-africa.com
6. THE GUIDE REFERRED TO IN SECTION 10 OF THE ACT (SECTION 51(1)(b)(i))
7. SECTION 52(2) NOTICE (SECTION 51(1)(b)(ii))
Category of records |
Types of records |
Available by email |
Available on website |
Available upon request |
Publicly Available Information |
Memorandum of Incorporation Director’s names Incorporation Documents |
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X |
Personnel Records (Only available to employees concerned) |
Employment contracts and terms and conditions of employment Records of disciplinary hearings Payslips Company policies and procedures |
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X |
Financial Information (Only available to Clients) |
Banking details VAT Numbers |
X |
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Publications |
Brochures Circulars and external newsletters |
X |
X |
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Service offerings |
Information regarding the COMPANY’S areas of expertise |
X |
X |
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Contact Information |
The addresses and telephone numbers of the COMPANY |
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X |
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Category of records |
Types of the Record |
Freely available |
Employee records |
Includes, amongst other things, private records provided by employees, records provided by third parties relating to employees, conditions of employment and other employee-related contractual and quasi legal records, internal evaluation records, correspondence with employees, training records, records of disciplinary hearings and related matters, the COMPANY’S’ policies, and procedures. |
X |
7.5 Employees may access these records by directing their request to the COMPANY.
8. INFORMATION/DOCUMENTATION HELD IN ACCORDANCE WITH OTHER LEGISLATION (SECTION 51(1)(b)(iii))
8.1 Certain records of the COMPANY are available in terms of legislation other than PAIA. Unless disclosure is prohibited in terms of the relevant legislation, regulations, contractual agreements or otherwise, records which are required to be made available in terms of the relevant legislation shall be made available for inspection by interested parties, subject to the requirements and conditions set out in the relevant legislation and internal policies and procedures.
8.2 Accordingly, information is available in terms of the following legislation, if and where applicable:
Item |
Legislation |
1. |
Companies Act 71 of 2008, as amended. |
2. |
Copyright Act 98 of 1978, as amended. |
3. |
Trade Marks Act 194 of 1993, as amended. |
4. |
Employment Equity Act 55 of 1998, as amended. |
5. |
Income Tax Act 95 of 1967, as amended. |
6. |
Labour Relations Act 66 of 1995, as amended. |
7. |
Basic Conditions of Employment Act 75 of 1997, as amended |
8. |
Value Added Tax Act 89 of 1991, as amended. |
9. |
Protection of Personal Information Act 4 of 2013, as amended. |
10. |
Promotion of Access to Information Act 2 of 2000, as amended. |
11. |
Unemployment Insurance Act 30 of 1996, as amended. |
12. |
Electronic Communications and Transactions Act 25 of 2002, as amended. |
13. |
Compensation of Occupational Injuries and Diseases Act 130 of 1993, as amended. |
14. |
Occupational Health and Safety Act 85 of 1993, as amended. |
15. |
Consumer Protection Act 68 of 2008, as amended. |
16. |
Tax Administration Act 28 of 2011, as amended. |
17. |
Financial Intelligence Centre Act 38 of 2001, as amended. |
18. |
Competition Act 71 of 2008, as amended. |
8.3 The above is not an exhaustive list of the COMPANY’S applicable statutes, which may require the keeping of records.
9. FORM OF REQUEST (SECTION 51(1)(b)(iv))
SUBJECTS ON WHICH THE COMPANY HOLDS RECORDS. |
CATEGORIES OF RECORDS HELD ON EACH SUBJECT. |
Property |
Asset registers, Title Deeds and Lease agreements in respect of immovable property, insurance records in respect of moveable and immovable property. |
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. |
Publications |
Updates, newsletters, COMPANY information, product information and other publications prepared by the COMPANY. |
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 |
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. |
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. |
Marketing |
Content for the COMPANY’S website, customer records, databases, product records mailing lists for clients and potential clients and general correspondence. |
Clients |
Client information and documentation including documentation in terms of FICA, correspondence with clients and correspondence with third parties. |
Customers |
Customer information and documentation including documentation in terms of FICA, correspondence with Customers and general correspondence with members of the public, customer performance records and buying trends i.e. SSD, Customer personnel information i.e. contact details of customer representatives etc. |
Suppliers |
Supplier lists and details, agreements with suppliers, programmes including software license agreements, relevant personnel information |
Subcontractors |
Administrative and logistics service agreement and Quality Assurance agreements, Operational service agreements and agreement with third party service providers, details in respect of company representatives, financial information and correspondence. |
Information Technology |
The network and the systems on it, Information technology computer software, records relating to computer systems. |
10. RELATIONSHIP WITH THE PROTECTION OF PERSONAL INFORMATION ACT 4 of 2013,AS AMENDED (‘POPIA’) (SECTIONS 51(1)(c)(i) - 51(1)(c)(iv))
Categories of Data Subjects |
Personal Information that may be processed |
Members of the public |
Names, addresses, telephone, or email addresses. |
Customers / Clients |
name, age, address, zip/postal code, email address and phone number, when clients or customers contact us, such as to send an enquiry or make a request, any correspondence or application may be kept and added to your personal information. |
Service Providers |
Names, addresses, registration numbers or identity numbers, bank details, contact information, details of customer representatives (where applicable), financial information and VAT numbers. |
Employees |
Name and surname, gender, nationality, race, marital status, date of birth, age, personal contact details, emergency contact details, ID number or passport number, as well as the personal information of employees family members for the purposes of medical aid and pension, driver’s license details, languages spoken and/or details of your health, possible disability and/or criminal or credit related information , as well as your financial and tax related information, Contract of Employment or engagement, work contact details, employee or payroll number, work location, your work biography, the department in which you render services, the person to whom you are to report to, your termination/contract end date (if any), the reason for termination, your last day of work and/or the content of any interviews conducted when you leave the company, Documentation in respect of your registration with any applicable authority (i.e. SARS and/or the Department of Labour), your status in respect of such registration, any registration certificates or references in respect thereof, Information in respect of your remuneration, whether hourly, contractually, or in terms of salary, information regarding allowances, overtime, bonuses and/or commission, leave payment, bank account information, income tax information, expense claims and any information of a similar nature, Information regarding statutory or contractual leave accrued and/or taken, requests and approval therefore (if any), attendance or absence information, manager and/or HR communications, Appraisals and performance review information, performance objectives and/or outcomes and any records which are kept in respect thereof, Appraisals and performance review information, performance objectives and/or outcomes and any records which are kept in respect thereof, Records and documentation regarding any training courses which have been attended, agreements in respect of such training and any certifications in respect thereof, documentation and records in respect of any claims or legal proceedings brought by the employee, mediation, conciliation or arbitration proceedings, settlement negotiations, records of any employee grievances or complaints and documentation pertaining to the resolution thereof, Records of any electronic communications sent or received using company equipment or company provided internet access, login and access records of on any systems or buildings, download and printing records on company equipment, call or meeting recordings, information captured by IT security which are used for health safety and security and specifically the protection of our assets, as well as health information collected in terms of the Occupational Health and Safety Act, records provided by third parties relating to employees, and information relating to prospective employees including curricula vitae and application forms. |
Sub-contractors |
Names, addresses, registration numbers or identity numbers, bank details, contact information, details of customer representatives (where applicable), financial information, vat numbers and conformance to safety legislation and controlled process. |
10.3 Recipients or categories of recipients to whom the personal information may be supplied (Section 51(1)(c)(iii))
Category of personal information |
Recipients or Categories of Recipients to whom the personal information may be supplied |
Names and contact information for members of the public who contact the COMPANY. |
Various departments of the COMPANY, who are able to respond to questions and provide necessary information to members of the public. |
Employee qualifications |
South African Qualifications Authority for qualification verification
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Employee information in respect of COVID-19 Status |
Department of Health; Department of Labour |
Employee name, identity number, date of birth, address, contact number, email address, income tax number, bank details, remuneration structure and frequency. |
Payroll service provider to make provision for payment of remuneration; Financial advisor for provident fund and medical aid; Among the group of companies for the purposes of intercompany reporting. |
Employee names and contact information. |
Customers, service providers, suppliers, and members of the public to the extent that such sharing is necessary to allow such customers and/or subcontractors to contact the COMPANY and/or its relevant employees. |
Employee personal and financial information. |
Governmental organisations (i.e. SARS, the Department of Labour, the Unemployment Insurance Fund etc) for purposes of compliance with legal obligations. |
Customer credit and payment history, for credit information. |
Credit Bureaus and/or other credit providers for the purposes of providing trade references. |
Customer names and addresses, including names of customer representatives and their contact information. |
Logistics and freight service providers for the purposes of ensuring delivery of products. |
Customer names, vat number, postal address, physical address, and financial and transaction information. |
Employees of the COMPANY to enable them to perform their functions and/or who are responsible for performing accounting functions; Auditors of the COMPANY. |
Customer names, addresses, and contact information, including names of customer representatives and their contact information, FICA information, financial information, bank details. |
The COMPANY’S’ CRM Service provider. |
Supplier names, contact information and financial information. |
Employees of the COMPANY to facilitate the rendering of required services for the purposes of reporting. |
Supplier representatives’ names and contact information. |
Employees of the COMPANYto enable them to perform their functions and/or who are responsible for performing accounting functions. |
Supplier names, contact information and financial information. |
Employees of the COMPANY to facilitate the rendering of required services for the purposes of reporting. |
Supplier representatives’ names and contact information. |
Employees of the COMPANY to enable them to perform their functions and/or who are responsible for performing accounting functions. |
Sub-contractor names, contact information and financial information. |
Employees of the COMPANY to facilitate performance of sub-contractor obligations; the COMPANY’S accounting department to facilitate payment of remuneration for the purposes of reporting. |
10.4 Planned transborder flows of personal information (Section 51(1)(c)(iv))
The COMPANY will on a regular basis update this manual.
Signed at...................................... on this the....................... day of ................................ 2023
_____________________________________ For: The COMPANY
Duly Authorised
Name: Volker Werth
Designation: Company’s Head
NOTE:
- Proof of identity must be attached by the requester.
- If requests made on behalf of another person, proof of such authorisation, must be attached to this form.
TO: The Information Officer
______________________
______________________
______________________
______________________
(Address)
E-mail address: |
_____________________________ |
Fax number: |
_____________________________ |
Mark with an "X"
Request is made in my own name
Request is made on behalf of another person.
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PERSONAL INFORMATION |
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Full Names |
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Identity Number |
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Capacity in which request is made (when made on behalf of another person) |
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Postal Address |
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Street Address |
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E-mail Address |
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Contact Numbers |
Tel. (B): |
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Facsimile: |
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Cellular: |
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Full names of person on whose behalf request is made (if applicable): |
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Identity Number |
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Postal Address |
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Street Address
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E-mail Address
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Contact Numbers |
Tel. (B) |
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Facsimile |
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Cellular |
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PARTICULARS OF RECORD REQUESTED Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located. (If the provided space is inadequate, please continue on a separate page and attach it to this form. All additional pages must be signed.) |
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Description of record or relevant part of the record: |
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Reference number, if available
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Any further particulars of record |
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TYPE OF RECORD (Mark the applicable box with an "X") |
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Record is in written or printed form
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Record comprises virtual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc)
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Record consists of recorded words or information which can be reproduced in sound
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Record is held on a computer or in an electronic, or machine-readable form |
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FORM OF ACCESS (Mark the applicable box with an "X") |
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Printed copy of record (including copies of any virtual images, transcriptions and information held on computer or in an electronic or machine-readable form)
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Written or printed transcription of virtual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc)
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Transcription of soundtrack (written or printed document)
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Copy of record on flash drive (including virtual images and soundtracks)
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Copy of record on compact disc drive(including virtual images and soundtracks)
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Copy of record saved on cloud storage server
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MANNER OF ACCESS
(Mark the applicable box with an "X")
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Personal inspection of record at registered address of public/private body (including listening to recorded words, information which can be reproduced in sound, or information held on computer or in an electronic or machine-readable form)
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Postal services to postal address
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Postal services to street address
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Courier service to street address
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Facsimile of information in written or printed format (including transcriptions)
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E-mail of information (including soundtracks if possible)
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Cloud share/file transfer
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Preferred language (Note that if the record is not available in the language you prefer, access may be granted in the language in which the record is available)
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PARTICULARS OF RIGHT TO BE EXERCISED OR PROTECTED If the provided space is inadequate, please continue on a separate page and attach it to this Form. The requester must sign all the additional pages. |
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Indicate which right is to be exercised or protected
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Explain why the record requested is required for the exercise or protection of the aforementioned right: |
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FEES |
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a) A request fee must be paid before the request will be considered. b) You will be notified of the amount of the access fee to be paid. c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record. d) If you qualify for exemption of the payment of any fee, please state the reason for exemption |
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Reason |
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You will be notified in writing whether your request has been approved or denied and if approved the costs relating to your request, if any. Please indicate your preferred manner of correspondence:
Postal address |
Facsimile |
Electronic communication (Please specify) |
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Signed at ____________________ this ___________ day of ________________ 20 _________
________________________________________________________
Signature of Requester / person on whose behalf request is made
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FOR OFFICIAL USE
Reference number: |
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Request received by: (State Rank, Name And Surname of Information Officer) |
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Date received: |
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Access fees: |
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Deposit (if any): |
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_______________________________ Signature of Information Officer
FEES IN RESPECT OF PRIVATE BODIES
ITEM |
DESCRIPTION |
AMOUNT |
1. |
The request fee payable by every requester |
R140.00 |
2. |
Photocopy/printed black & white copy of A4-size page |
R2.00 per page or part thereof. |
3. |
Printed copy of A4-size page |
R2.00 per page or part thereof. |
4. |
For a copy in a computer-readable format on: (iii) Flashdrive (to be provided by requestor) (iv) Compact disc · If provided by requester · If provided to requester |
R40.00
R40.00 R60.00 |
5. |
For a transcription of visual images per A4-size page |
Service to be outsourced. Will depend on quotation from Service Provider. |
6. |
Copy of visual images |
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7. |
Transcription of an audio record, per A4-size page |
R24.00 |
8. |
Copy of an audio record on: (v) Flash drive (to be provided by requestor) (vi) Compact disc · If provided by requestor · If provided to requestor |
R40.00
R40.00 R60.00 |
9. |
To search for and prepare the record for disclosure for each hour or part or an hour, excluding the first hour, reasonably required for such search and preparation To not exceed a total cost of |
R 145.00
R 435.00 |
10. |
Deposit: If search exceeds 6 hours |
One third of amount per request calculated in terms of items 2 to 8. |
11. |
Postage, email or any other electronic transfer |
Actual Expense, if any. |