PAIA / POPIA Manual

MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 AND THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 FOR INSTITUTE OF CHARTERED ENTREPRENEURS  (NPC)

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DATE OF COMPILATION: 31/01/2023

DATE OF LAST REVISION: 05/02/2023

 

 

 

TABLE OF CONTENTS

1       INTERPRETATION

2       INTRODUCTION

4       PURPOSE

5       KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF PUBLIC INTEREST SA

6       GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE

7       RECORDS HELD BY PUBLIC INTEREST SA

9       PROCESSING OF PERSONAL INFORMATION

10     HOW TO REQUEST ACCESS TO A RECORD

11     PAYMENT OF FEES

12     APPLICABLE TIME-PERIODS

13     OUTCOME OF THE REQUEST (GRANTING OR REFUSING)

14     GROUNDS FOR REFUSAL OF ACCESS TO RECORDS

15     REMEDIES FOR REFUSAL

16     AVAILABILITY OF THE MANUAL

17     UPDATING OF THIS MANUAL

 

 

 

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1          INTERPRETATION

 

In this Manual, clause headings are for convenience and shall not be used in its interpretation unless the context clearly indicates a contrary intention – 

 

1. an expression which denotes – 

 

1. any gender includes the other genders; 

 

1. a natural person includes an artificial or juristic person and vice versa;

 

1. the singular includes the plural and vice versa;

 

1. the following expressions shall bear the meanings assigned to them below and cognate expressions bear corresponding meanings – 

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1. "Information Officer" ‑ the designated Information Officer/s or head of the body, as described in this manual, responsible for discharging the duties and responsibilities assigned to the Information Officer as prescribed in terms of PAIA and POPIA;

 

1. "PAIA" ‑ Promotion of Access to Information Act No. 2 of 2000, as amended from time to time including the regulations promulgated in terms of the PAIA;

 

1. "POPIA" – Protection of Personal Information Act No. 4 of 2013, as amended from time to time including the regulations promulgated in terms of the POPIA;

 

1.2.4                           "POPIA Regulations" –Regulations Relating to the Protection of Personal Information, 2018 published under GN R1383 in Government Gazette 42110 of 14 December 2018;

 

1. "Public Interest SA" - Institute of Chartered Entrepreneurs  (NPC);

 

1. "Regulator" – the Information regulator appointed in terms of POPIA;

 

1. "this Manual" – this document together with all of its annexures, as amended from time to time;

2. any reference to any statue, 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. 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 Manual;

 

1. 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 Manual;

 

1. 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. 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. 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/s;

 

1. in so far as there is a conflict in the interpretation of or application of this Manual and PAIA or POPIA, the legislation shall prevail;

 

1. this Manual does not purport to be exhaustive of or comprehensively deal with every procedure provided for in PAIA or POPIA. A requester is advised to familiarise his/her/itself with the provisions of PAIA and POPIA before lodging any request with Public Interest SA. However, in terms of section 19 of PAIA, and regulations 2 and 3 of the POPIA Regulations, Institute of Chartered Entrepreneurs  will provide such assistance as is required in completing the necessary forms, by parties applying for access to information or personal information.

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2          INTRODUCTION

 

2.1                  This Manual is published pursuant to sections 14 and 51 of PAIA, which was promulgated in order to nurture an ethos which promotes transparency, accountability and effective governance of all private and public bodies. PAIA gives effect to section 32 of the Constitution of the Republic of South Africa, 1996, which provides for the right of access to information in a manner that affords persons a means/platform to obtain the records of private and public bodies as promptly and as efficiently as reasonably possible to endorse, including but not limited to, mechanisms and procedures that empower and educate all persons.

 

2.2                  In addition, this Manual explains how to access, object to, request correction or deletion of, personal information held by Public Interest SA, in terms of sections 23, 24 and 25 of POPIA.

 

3          OVERVIEW OF INSTITUTE OF CHARTERED ENTREPRENEURS

 

Institute of Chartered Entrepreneurs is a civil society organisation that seeks to ignite, cultivate and advance ethos of public accountability, ethical leadership, good governance, and responsible citizenship.

 

4          PURPOSE

 

The purpose of this manual is to facilitate requests for access to records of Institute of Chartered Entrepreneurs  as provided for in PAIA, and to inform data subjects on the types of information Institute of Chartered Entrepreneurs  collects and processes, and how a data subject may request access to this information. 

 

5          KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF INSTITUTE OF CHARTERED ENTREPRENEURS  

 

1. The Information Officer

 

Name

Contact details: Tebogo Khaas

Telephone no: 010 005 5884

Email: tebogo@charteredentrepreneurs.org

Fax: N/A

 

 

            

5.2                  The Deputy Information Officer 

 

Name

Contact details: Cassandra Kau

Telephone no:    010 005 5884

Email:                 cassandra@charteredentrepreneurs.org

Fax: [                  N/A

 

 

5.3                  Access to information general contacts

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Email: paia@charteredentrepreneurs.com

 

5.4 of Institute of Chartered Entrepreneurs  

 

Physical address: 2nd Floor One Sturdee, 1 Sturdee Avenue, Rosebank 2196

Postal address: 2nd Floor One Sturdee, 1 Sturdee Avenue, Rosebank 2196

Telephone: 010 005 5884

E-mail: ioce@charteredentrepreneurs.org

Website: www.charteredentrepreneurs.org

 

 

6          GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE

 

1. The Regulator has, in terms of section 10(1) of PAIA, updated and made available a revised Guide on how to use PAIA (“Guide”), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA. 

 

6.2The  is available in each of the official languages and in braille.

 

1. The Guide contains a description of-

 

6.3.1                           the objects of PAIA and POPIA;

 

6.3.2                           the postal and street address, phone and fax number and, if available, e-mail address of -

 

6.3.2.1                                  the Information Officer of every public body, and

 

6.3.2.2                                  every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPIA;

 

6.3.3                           the manner and form of a request for access to a record of a private body contemplated in section 50 of PAIA;

 

6.3.4                           the assistance available from the Regulator in terms of PAIA and POPIA;

 

6.3.5                           all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging -

 

6.3.5.1                                  an internal appeal; 

 

6.3.5.2                                  a complaint to the Regulator; and 

 

6.3.5.3                                  an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;

 

6.3.6                           the provisions of sections 14 and 51 of PAIA, requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;

 

6.3.7                           the provisions of sections 15 and 52 of PAIA, providing for the voluntary disclosure of categories of records by a public body and private body, respectively;

 

6.3.8                           the notices issued in terms of sections 22 and 54 of PAIA, regarding fees to be paid in relation to requests for access; and 

 

6.3.9                           the regulations made in terms of section 92 of PAIA.

1. Members of the public may inspect or make copies of the Guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours. 

 

1. The Guide may also be obtained upon request to the Information Officer or from the website of the Regulator (see https://www.justice.gov.za/inforeg/ and https://www.inforegulator.org.za/docs/misc/PAIA-Guide-English_20210905.pdf).

 

1. Any information or queries related to the Guide, or to PAIA or POPIA should be directed to – 

 

Name

Contact details

 

Information Regulator

Telephone no: (012) 406 4818

Email: inforeg@justice.gov.za

Fax no: (086) 500 3351

Website: www.justice.gov.za/inforeg

Postal address: P.O. Box 31533

Braamfontein, Johannesburg

2017

Physical address: JD House

27 Stiemens Street

Braamfontein

Johannesburg

2001

 

7          RECORDS HELD BY INSTITUTE OF CHARTERED ENTREPRENEURS

 

7.1

 

7.1.1                           At this stage no notices have been published by the Information Regulator on the categories of records automatically available without a person having to request access thereto in terms of PAIA. 

 

7.1.2                           The records that are located on the Institute of Chartered Entrepreneurs  website, without the need of login credentials, are however automatically available to any person requesting this information and it is therefore not necessary to apply for access thereto in terms of PAIA. The website address is https://www.charteredentrepreneurs.com.

 

1. RECORDS AVAILABLE IN ACCORDANCE WITH LEGISLATION IN TERMS OF SECTION 51(1)(D) 

 

8.1

 

Institute of Chartered Entrepreneurs  is required in accordance with legislation to retain certain records. We hold records for the purposes of PAIA in accordance with the following legislation, among others – 

 

8.1.1                           Basic Conditions of Employment Act No. 75 of 1997;

 

8.1.2                           Broad-Based Black Economic Empowerment Act No. 53 of 2003;

 

8.1.3                           Companies Act No. 71 of 2008;

 

8.1.4                           Compensation for Occupational Injuries and Diseases Act No. 130 of 1993;

 

1. Electronic Communications and Transaction Act No. 25 of 2002

 

8.1.6                           Employment Equity Act No. 55 of 1998;

 

1. Financial Intelligence Centre Act No. 38 of 2001;

 

8.1.8                           Income Tax Act No. 58 of 1962;

 

8.1.9                           Labour Relations Act No. 66 of 1995;

 

8.1.10                       Occupational Health and Safety Act No. 85 of 1993;

 

1. Pension Funds Act No. 24 of 1956;

 

1. Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2002;

 

8.1.13                       Skills Development Act No. 9 of 1999;

 

8.1.14                       Unemployment Insurance Act No. 63 of 2001;

 

8.1.15                       Value Added Tax Act No. 89 of 1991.

 

1. Other types of records held by Werksmans Institute of Chartered Entrepreneurs  in terms of section 51(1) of PAIA

 

The following table contains a description of the types of records / subjects on which  Institute of Chartered Entrepreneurs  holds and the categories of records held on each subject. These records are not automatically available without a request in terms of PAIA. A request made in terms of PAIA for records in any of the categories below may be refused in accordance with any of the grounds of refusal as set out in PAIA.  

 

Subject

Description of record

Statutory records

• Company incorporation documents

• Share register

• Memorandum of Incorporation

• Minutes of meetings of the board of directors

• Records relating to the appointment of directors, auditors, and other officers

Income tax

·           Pay-as-you-earn (PAYE) records 

·           Documents issued to employees for income tax purposes 

·           Records of payments made to South African Revenue Services on behalf of employees

·           All or any statutory compliance 

·           Value Added Tax 

·           Skills development levies 

·           Unemployment Insurance Fund

Labour relations records

·           Personnel documents and records 

·           Employment contracts 

·           Medical aid records 

·           Pension Fund records 

·           Disciplinary records 

·           Salary records 

·           Disciplinary code and / or procedures 

·           Leave records 

·           Training records 

·           Training manuals 

·           Address lists 

·           Recruitment information

·           Internal telephone lists

Finance

·       Receipts and payments 

·       Bank statements 

·       Budgets 

·       Management accounts 

·       Asset registers 

·       Orders, quotes and invoices 

·       Minutes of meetings 

·       Correspondence

Risk and compliance

·       Contracts

·       Policies and procedures

·       Risk assessment

·       Compliance records

 

 

Others

·       IT usage statistics and equipment details

• Supplier lists

• Secretarial records

·       Media releases and public relation events records

 

9          PROCESSING OF PERSONAL INFORMATION

 

9.1

 

9.1.1                           Chapter 3 of POPIA provides for the minimum conditions for lawful processing of "personal information", as that term is defined in POPIA. These conditions may not be derogated from unless specific exclusions apply as outlined in POPIA.

 

9.1.2                           Institute of Chartered Entrepreneurs  processes personal information in accordance with POPIA. In terms of our privacy policy, Institute of Chartered Entrepreneurs  will ensure that all processing conditions of POPIA are complied with at the time of processing of personal information. Institute of Chartered Entrepreneurs  processes personal information of both natural and juristic persons.

 

9.2

 

Institute of Chartered Entrepreneurs  processes personal information for a number of reasons including, but not limited to, – 

 

9.2.1                           providing requested services;

 

9.2.2                           managing the commercial  relationship with you;

 

9.2.3                           marketing, advertising and public relations;

 

9.2.4                           research and product development;

 

9.2.5                           general human resource and finance functions including those obligations imposed by legislation; and

 

9.2.6                           to allow proper functioning of our website which includes, amongst others, proper display of content, interface personalisation and ensuring that the website is safe and secure to protect against misuse.

 

 

1. Categories of data subjects 

 

Institute of Chartered Entrepreneurs  processes the following personal information and special personal information relating to the following categories of data subjects, including but not limited to,– 

 

Category of data subjects

Types of information processed

Individuals (Customers and potential customers)

Name, surname, South African identity number or passport number, date of birth, age, marital status, citizenship, telephone numbers, email address, physical and postal addresses, income tax number, financial information, banking information including account numbers, FICA documentation, CCTV images.

Juristic Persons (Corporate clients)

Entity name, registration number, tax-related information, contact details for representatives, banking information including account numbers, FICA documentation.

Directors

Identity numbers, names, FICA documentation, CCTV images, biometric data.

Employees, potential employees, new recruitments

Name, surname, South African identity number or other identifying number, contact details, physical and postal address, date of birth, age, marital status, race, disability, information, employment history, criminal background checks, CVs, education history, banking details, income tax reference number, remuneration and benefit information, health information, details related to employee performance, disciplinary procedure information, CCTV images, biometric data. 

Service providers, including outsourced or hosted services, auditors, etc.

Company registration details, identity numbers, BEE certificates, tax clearance, income tax and VAT registration details, payment information including bank account numbers, invoices, contractual agreements, addresses, contact details, CCTV images.

 

9.4

 

1. We may disclose your personal information to third parties who are involved in the delivery of products and services to you such as trusted service providers (sub-contractors). 

 

9.4.2                           Where Institute of Chartered Entrepreneurs  discloses your personal information to any third party, the latter will be obliged to use that personal information for the reasons and purposes it was disclosed. To this end, we have agreements in place with these third parties to ensure this and to ensure an adequate level of security and confidentiality for your personal information. 

 

9.4.3                           Institute of Chartered Entrepreneurs  may be obliged to disclose your personal information where we have a duty to disclose in terms of law or where we believe it is necessary to protect our rights.

 

1. Trans-border/Cross border flows of personal information 

 

Section 72 of POPIA provides that personal information may only be transferred out of South Africa if certain conditions are satisfied. Institute of Chartered Entrepreneurs  may disclose or transfer your personal information to a third party in a country outside of South Africa for further processing in accordance with the purposes set out above - in particular your personal information may be transferred to providers of cloud-based IT applications, that may also have access to telemetry data, which may contain personal information, to ensure the technical functioning of our website without disruption. In all these circumstances Institute of Chartered Entrepreneurs  will, as required in terms of section 72 of POPIA, ensure that your privacy rights are adequately protected by organisational, technical, contractual and/or other lawful means.

 

 

1. General description of information security measures

 

9.6.1                           Institute of Chartered Entrepreneurs  takes reasonable and appropriate technical and organisational measures to ensure that personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration disclosure or access. We contractually require that service providers who handle your personal information for us do the same.

 

9.6.2                           Institute of Chartered Entrepreneurs, on a regular basis, reviews the security controls and related to processes to ensure that personal information is secure. However, where there are reasonable grounds to believe that your personal information has been accessed or acquired by any unauthorised person, we will notify the Regulator and you, unless the Regulator or a public body responsible for detection, prevention or investigation of offences, informs us that notifying you will impede a criminal investigation.

 

10       HOW TO REQUEST ACCESS TO A RECORD

 

1. To request a record in terms of PAIA, the requestor must complete the prescribed form attached to this manual as Annexure A. This request must be sent to the Information Officer at the addresses provided at paragraph 5.1. 

 

1. For POPIA, related requests to object to the processing of personal information, correct or delete personal information, the request must be made in writing on the applicable prescribed Form 1 (objection) or Form 2 (correction or deletion), which are attached to this Manual as Annexure B. 

 

1. The requestor must provide sufficient detail to enable the Information Officer to identify the record(s) requested and the requestor.  The requestor must indicate which form of access is required, identify the right that he/she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right. 

 

1. If the request is made on behalf of another person, the requestor must submit proof of the capacity in which the requestor is making the request, to the reasonable satisfaction of the Information Officer.

 

1. PAIA makes provision for certain grounds upon which a request for access to information must be refused. On this basis, the Information Officer will make a decision whether or not to grant a request for access to information.

 

11       PAYMENT OF FEES

 

1. PAIA provides for two types of fees, namely – 

 

11.1.1                       a request fee, which will be a standard non-refundable administration fee, payable prior to the request being considered; and

 

11.1.2                       an access fee, payable when access is granted which must be calculated by taking into account reproduction costs, search and preparation time and cost, as well as postal costs. 

 

1. Subsequent to a request being made, the Information Officer, shall by notice require the requester, excluding personal requester, to pay the prescribed request fee (if any), before further processing of the request.

 

1. If the search for and preparation for disclosure of the record has been made, including arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, Institute of Chartered Entrepreneurs  will request the requester to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted.

 

1. Institute of Chartered Entrepreneurs  may withhold a record until the requester has paid the fees as indicated in Annexure C.

 

1. A requester whose request has been granted must pay the applicable access fee for reproduction, search, preparation and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure including making arrangements to make it available in the request form.

 

1. In terms of POPIA, a data subject has the right to request Institute of Chartered Entrepreneurs  to confirm, free of charge, whether or it holds personal information about the data subject and request from  Institute of Chartered Entrepreneurs  the record or a description of the personal information held, including information about the identity of all third parties, or categories of third parties, who have, or have had, access to the information.

 

1. POPIA further provides that where the data subject is required to pay a fee for services provided to them, Institute of Chartered Entrepreneurs  must provide the data subject with a written estimate of the payable amount before providing the service and may require that the requestor pay a deposit for all or part of the fee.

 

12       APPLICABLE TIME-PERIODS

 

1. Institute of Chartered Entrepreneurs  will inform the requester within 30 days after receipt of the request of its decision whether or not to grant the request. 

 

1. The 30-day period may be extended by a further period of not more than 30 days if the request is for a large number of records or requires a search through a large number of records and compliance with the original period would unreasonably interfere with the activities of Institute of Chartered Entrepreneurs  or the records are not located at Public Interest SA.

 

13       OUTCOME OF THE REQUEST (GRANTING OR REFUSING)

 

Should the request be refused, the notice will state adequate reasons for the refusal, including the provisions of the PAIA relied upon; and that the requester may lodge an application with a Court against the refusal of the request.

 

14       GROUNDS FOR REFUSAL OF ACCESS TO RECORDS

 

1. In terms of section 62 to 69 of PAIA access granted to a record may be refused on one or more of the following grounds – 

 

14.1.1                       protection of privacy to a third party who is a natural person;

 

14.1.2                       protection of the commercial information of a third party;

 

14.1.3                       protection of certain confidential information of a third person; 

 

14.1.4                       protection of the safety of individuals and the protection of property;

 

14.1.5                       protection of records privileged from production and legal proceedings;

 

14.1.6                       the commercial information of Public Interest SA; 

 

14.1.7                       the protection of research information of a third party.

 

1. Despite any provisions of PAIA, a request must be granted if the disclosure of the record would reveal evidence of substantial contravention of, or failure to comply with, the law or imminent and serious public safety or environment risk, and the public interest in the disclosure of the record clearly outweighs the harm contemplated (section 70 of PAIA).

 

15       REMEDIES FOR REFUSAL

 

Should the requester be dissatisfied with the Information Officer’s decision to refuse access, that person may within 30 days after notification of the refusal apply to a Court for the appropriate relief.

 

16       AVAILABILITY OF THE MANUAL

 

This Manual is available in electronic and hard copies in English. The hard copies are available at the head office of Institute of Chartered Entrepreneurs as contained in paragraph 5.4. The electronic version of this manual is available on the website of Institute of Chartered Entrepreneurs. 

 

17       UPDATING OF THIS MANUAL

 

This manual will be reviewed and updated, if necessary, on a periodic basis but no less than once each year.