PAIA Manual

 

SA PROFESSIONAL CONSULTING (PTY) LTD

REGISTRATION NUMBER:

2017/ 478208/ 07

Prepared in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (as amended)

 

List of acronyms and abbreviations:

 

  • “CEO” Chief Executive Officer
  • “DIO” Deputy Information Officer
  • “IO“ Information Officer
  • “Minister” Minister of Justice and Correctional Services;
  • “PAIA” Promotion of Access to Information Act 2 of 2000( as Amended;
  • “POPIA” Protection of Personal Information Act 4 of 2013;
  • “Regulator” Information Regulator;
  • “Republic” Republic of South Africa and
  • “SAPRO” SA Professional Consulting (Pty) Ltd.
2. PURPOSE OF PAIA MANUAL

This PAIA Manual is useful for the public to:

  • check the categories of records held by a body which are available without a person having to submit a formal PAIA request;
  • have a sufficient understanding of how to make a request for access to a record of the body, by providing a description of the subjects on which the body holds records and the categories of records held on each subject;
  • know the description of the records of the body which are available in accordance with any other legislation;
  • access all the relevant contact details of the Information Officer and Deputy Information Officer who will assist the public with the records they intend to access;
  • know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
  • know if the body will process personal information, the purpose of processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;
  • know the description of the categories of data subjects and of the information or categories of information relating thereto;
  • know the recipients or categories of recipients to whom the personal information may be supplied;
  • know if the body has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and
  • know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be
3. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF SA PROFESSIONAL CONSULTING (PTY) LTD
  • Chief Information Officer

Email:  data.privacy@sapro.com         

          

  • National or Head Office

Postal Address: Block B, Ground Floor, Knightsbridge Office Park, 33 Sloane Street, Bryanston Ext 4, Gauteng, 2191

Physical Address: Block B, Ground Floor, Knightsbridge Office Park, 33 Sloane Street, Bryanston Ext 4, Gauteng, 2191        

Email: data.privacy@sapro.com                           Website: https://www.sapro.com/

 

4. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE
  • The Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available the 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.
  • The Guide is available in each of the official languages and in
  • The aforesaid Guide contains the description of-
    • the objects of PAIA and POPIA;
    • the postal and street address, phone and fax number and, if available, electronic mail address of-
      • the Information Officer of every public body, and
      • every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA1 and section 56 of POPIA2;
  • the manner and form of a request for-
    • access to a record of a public body contemplated in section 113; and
    • access to a record of a private body contemplated in section 504;
  • the assistance available from the IO of a public body in terms of PAIA and POPIA;
  • the assistance available from the Regulator in terms of PAIA and POPIA;
  • 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-
    • an internal appeal;
    • a complaint to the Regulator; and
    • 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;
  • the provisions of sections 145 and 516 requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
  • the provisions of sections 157 and 528 providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
  • the notices issued in terms of sections 229 and 5410 regarding fees to be paid in relation to requests for access; and
  • the regulations made in terms of section 9211.

1 Section 17(1) of PAIA- For the purposes of PAIA, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records.

2 Section 56(a) of POPIA- Each public and private body must make provision, in the manner prescribed in section 17 of the Promotion of Access to Information Act, with the necessary changes, for the designation of such a number of persons, if any, as deputy information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA.

3 Section 11(1) of PAIA- A requester must be given access to a record of a public body if that requester complies with all the procedural requirements in PAIA relating to a request for access to that record; and access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.

4 Section 50(1) of PAIA- A requester must be given access to any record of a private body if-

  1. that record is required for the exercise or protection of any rights;
  2. that person complies with the procedural requirements in PAIA relating to a request for access to that record; and
  3. access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this

5 Section 14(1) of PAIA- The information officer of a public body must, in at least three official languages, make available a manual containing information listed in paragraph 4 above.

6 Section 51(1) of PAIA- The head of a private body must make available a manual containing the description of the information listed in paragraph 4 above.

7 Section 15(1) of PAIA- The information officer of a public body, must make available in the prescribed manner a description of the categories of records of the public body that are automatically available without a person having to request access

8 Section 52(1) of PAIA- The head of a private body may, on a voluntary basis, make available in the prescribed manner a description of the categories of records of the private body that are automatically available without a person having to request access

9 Section 22(1) of PAIA- The information officer of a public body to whom a request for access is made, must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

10 Section 54(1) of PAIA- The head of a private body to whom a request for access is made must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.

11 Section 92(1) of PAIA provides that –“The Minister may, by notice in the Gazette, make regulations regarding-

  • any matter which is required or permitted by this Act to be prescribed;
  • any matter relating to the fees contemplated in sections 22 and 54;
  • any notice required by this Act;
  • uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to be made available in terms of section 15; and
  • any administrative or procedural matter necessary to give effect to the provisions of this ”

 

  • Members of the public can 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.
  • The Guide can also be obtained-
  • upon request to the Information Officer;
  • from the website of the Regulator (https://www.justice.gov.za/inforeg/).
  • A copy of the Guide is also available in the following two official languages, for public inspection during normal office hours- English and Afrikaans.

5. CATEGORIES OF RECORDS OF SA PROFESSIONAL CONSULTING (PTY) LTD WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS

 

 

Category of records

 

Types of the Record

 

Available   on Website

 

Available

upon request

Management

List of directors.

 

X

 

6. DESCRIPTION OF THE RECORDS OF SA PROFESSIONAL CONSULTING (PTY) LTD WHICH ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION

 

 

Category of Records

 

Applicable Legislation

Memorandum of incorporation

Companies Act 71 of 2008

PAIA Manual

Promotion of Access to Information Act 2 of

2000

 

7. DESCRIPTION OF THE SUBJECTS ON WHICH THE BODY HOLDS RECORDS AND CATEGORIES OF RECORDS HELD ON EACH SUBJECT BY SA PROFESSIONAL CONSULTING (PTY) LTD
 

 

Subjects on which the body holds records

 

Categories of records

Strategic                   Documents,                  Plans,

Proposals

Annual      Reports,      Strategic                  Plan,            Annual

Performance Plan.

Human Resources

-   HR policies and procedures

-   Advertised posts

-   Employees records

 

8. PROCESSING OF PERSONAL INFORMATION
8.1 Purpose of Processing Personal Information

Personal information which you provide to us will only be used for the purposes listed in this Manual and/or SAPRO’s Privacy Policy.

SAPRO may use your Personal Information to:

  • provide the SAPRO Services and/or any other products and services to you, which may necessitate sharing your personal information with third party service providers located in the USA or your country of residence or any country that SAPRO is delivering their services;
  • manage its relationship with you and third-party service providers;
  • communicate with you about the SAPRO Services and any other products, services or support offered by us and to send marketing communications in connection these services and products;
  • provide support to you in respect of the SAPRO Services;
  • improve the SAPRO Services;
  • provide personalised offers;
  • measure performance of marketing initiatives;
  • allow you to participate in competitions and surveys;
  • answer enquiries, provide information, support or advice about the SAPRO and any new products or services offered;
  • assess and improve the performance and operation of the Website;
  • prevent and detect security threats, fraud or other malicious activity;
  • process and respond to any complaint made by or about you;
  • updating our records;
  • in connection with any application for employment;
  • internal analysis of our business;
  • any statutory or regulatory purpose which requires the processing of your personal information;
  • legal and regulatory compliance;
  • fraud and crime prevention;
  • third party transactions, sales or due diligence;
  • if required by any law enforcement agency or in connection with any legal requirement where we are required by law to present this;
  • internal or external audits; and/or
  • any other purpose for which valid consent is obtained.

Our website may connect to various social media sites or apps, including Facebook, Twitter, LinkedIn, Instagram and Google+. You should visit the privacy policies of such sites or apps if you are connected to them as each individual site’s or app’s privacy policy will govern your use and access to same.

We may transmit or transfer personal information to countries outside of your home country, whether that is the United States, South Africa, India or otherwise. By using the Website or the SAPRO Services, you are agreeing to such transfer.

SAPRO is not responsible and cannot be held liable for the privacy practices of such third parties.

Demographical and statistical information about user behavior may be collected and used to analyse the popularity and effectiveness of the Website. Any disclosure of this information will be in aggregate form and will not identify individual users.

8.2 Description of the categories of Data Subjects and of the information or categories of information relating thereto

 

Categories of Data Subjects

 

Personal Information that may be processed

Customers / Clients

name,    address,    registration              numbers    or              identity

numbers, employment status and bank details

Service Providers

names, registration number, vat numbers, address,

trade secrets and bank details

Employees

address, qualifications, gender and race

 

8.3 The recipients or categories of recipients to whom the personal information may be supplied

 

 

Category of personal information

 

Recipients or Categories of Recipients to whom the personal information may be supplied

Identity number and names, for

criminal checks

South African Police Services

Qualifications,      for                             qualification

verifications

South African Qualifications Authority

Credit and payment history, for

credit information

Credit Bureaus

 

8.4 Planned transborder flows of personal information

SAPRO is based in the U.S., South Africa and India, and the information SAPRO and its Service Providers collect is governed by the applicable law. If you are accessing the Services from outside of the U.S., please be aware that information collected through the Services may be transferred to, processed, stored, and used in the U.S. You expressly acknowledge and agree that your use of and access to any Services is governed by and subject to U.S. law and/or any applicable Law. Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Services or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personal Information, in the U.S., South Africa, India and another other country as set forth in this Manual and/or Privacy Policy.

 

8.5 General description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information

 

You are responsible for the accuracy of the information submitted to us and for ensuring that it is up-to-date, complete and accurate. It is your duty to maintain your profile and the details of your resume that is provided to us.

SAPRO implements security measures to prevent the destruction, unlawful access and loss of personal information, including establishing appropriate physical, electronic and managerial procedures to safeguard the personal information collected from you. This helps prevent unauthorised access, maintains data accuracy and ensures that personal information is used correctly. In order to carry out these security procedures, SAPRO may ask for proof of identity before personal information is disclosed to you.

While we will use reasonable means to ensure the security of your personal information, however, there measures do not guarantee that your personal information will not be accessed, disclosed, altered or destroyed by breach of such security measures. By using our Website and/or Services, you acknowledge that you understand and agree to assume these risks and the other provisions of this Manual.

SAPRO will not be liable for any breach of the security of your personal information resulting from causes or events that are beyond our reasonable control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism, and we are not responsible for unauthorized circumvention of any privacy settings or security measures contained on the Website. You also agree to hold SAPRO harmless of any damages (direct and/or indirect) for any potential and/or actual breach and/or any consequential damages that flows from the breach.

9. AVAILABILITY OF THE MANUAL
  • A copy of the Manual is available-
  • on https://www.sapro.com/;
  • head office of the Block B, Ground Floor, Knightsbridge Office Park, 33 Sloane Street, Bryanston Ext 4, Gauteng, 2191 ;
  • for public inspection during normal business hours;
  • to any person upon request and upon the payment of a reasonable prescribed fee; and
  • to the Information Regulator upon
  • A fee for a copy of the Manual, as contemplated in annexure B of the Regulations, shall be payable per each A4-size photocopy made.
10. UPDATING OF THE MANUAL

The head of data privacy (Information Officer) will on a regular basis update this manual.

 

Issued by

G Grassini & J A Maslov

Directors

Revised, 17 May 2023