Futurent Consulting Solutions (PTY) LTD  trading as FUTURENT Consulting

PAIA MANUAL

Version 1.0 – 1 September 2021

FUTURENT FCS PAIA Manual Version1 FINAL SEP 2021

MANUAL PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT (ACT 2 OF 2000)

Note: This manual is based on “EXAMPLE OF A MANUAL FOR A PRIVATE BODY” issued by the South African Human Rights Commission, amended to meet the needs of FUTURENT CONSULTING, with further additions to enhance its usefulness and comply with the Protection of Personal Information Act, No. 4 of 2013.

CONTENT	PAGE
1.       INFORMATION REQUIRED UNDER SECTION 51(1) (a) OF THE ACT
2.       DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10
3.       RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION
4.       RECORDS AUTOMATICALLY AVAILABLE
5.       SUBJECTS AND CATEGORIES OF RECORDS HELD BY FUTURENT
6.       PURPOSE OF PROCESSING OF PERSONAL INFORMATION
7.       DATA SUBJECTS CATEGORIES AND THEIR PERSONAL INFORMATION
8.       PLANNED RECIPIENTS OF PERSONAL INFORMATION
9.       TRANS-BORDER FLOWS OF PERSONAL INFORMATION
10.    SECURITY MEASURES TO PROTECT PERSONAL INFORMATION
11.    DETAIL ON HOW TO MAKE A REQUEST FOR ACCESS
12.    FEES
13.    AVAILABILITY OF THE MANUAL
14.    ANNEXURE A – FORM C: REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
15.    ANNEXURE B – FORM E: AUTOMATICALLY AVAILABLE RECORDS

This Manual is intended to assist persons wishing to access information in terms of the Act from any member of  FUTURENT CONSULTING

1. INFORMATION REQUIRED UNDER SECTION 51(1) (a) OF THE ACT

Postal Address of FUTURENT Consulting
Physical Address of FUTURENT Consulting
Telephone Number of FUTURENT Consulting
Fax Number of FUTURENT Consulting
E-Mail address of FUTURENT Consulting	info@future-ent.com
Person delegated to deal with requests (for “the designated head”):
E-mail address of the delegated designated head:

2. DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10

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. The guide is available for inspection at https://futurent.com/paia-manual/

3. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION
   • Records available in terms of other legislation are as follows:
     • Administration of Estates Act, No. 66 of 1965
     • Arbitration Act No. 42 of 1965
     • Basic Conditions of Employment Act No. 75 of 1997
     • Broad-based Black Economic Empowerment Act 53 of 2003 Companies Act No 71 of 2008 and Applicable Regulations
     • Compensation for Occupational Injuries and Health Diseases Act No. 130 of 1993
     • Competition Act No. 89 of 1998
     • Consumer Affairs (Unfair Business Practice) Act No. 71 of 1988 Consumer Protection Act 68 of 2008
     • Copyright Act No. 98 of 1978 Customs and Excise Act, 55 of 1998;
     • Electronic Communications Act, No. 36 of 2005;
     • Electronic Communications and Transactions Act No 25 of 2002 Employment Equity Act. No. 55 of 1998
     • Exchange Control Amnesty and Amendment of Taxation Laws Act of 2003 Labour Relations Act No 66 of 1995
     • Mines and Works Act 27 of 1956
     • National Environmental Management Act 107 1998 Occupational Health and Safety Act No. 85 of 1993 Promotion of Access to Information Act No.2 of 2000
     • Promotion of Equality and Prevention of Unfair Discrimination Act No. 4 of 2000 Protection of Personal Information Act 4 of 2013
     • Regulation of Interception of Communication and Provision of Communications Act, No.2 of 2000
     • Regulation of Interception of Communications and Provisions of Communication Related Information Act No. 70 of 2002
     • Skills Development Act 97 of 1998 Value Added Tax Act No 89 of 1991

4. RECORDS AUTOMATICALLY AVAILABLE

No notice has been submitted by the practice to the Minister of Justice and Constitutional Development regarding the categories of records, which are available without a person having to request access in terms of Section 52(2) of PAIA. However, the information on the website of the business is automatically available without having to request access in terms of PAIA.

5. SUBJECTS AND CATEGORIES OF RECORDS HELD BY FUTURENT

General information about FUTURENT Consulting can be found at https://www.futurent.com which is available to all persons who have access to the internet.

FUTURENT CONSULTING is a Pretoria based company specializing in:

Consulting Services, Performance Improvement and Business Process Outsourcing

The subjects on which the company holds records and the categories on each subject in terms of Section 51(1)(e) are as listed 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:

• COMPANIES ACT RECORDS
  • Documents of Incorporation;
  • Memorandum of Incorporation;
  • Minutes of meeting of the Board of Directors;
  • Minutes of meetings of Shareholders;
  • Proxy forms;
  • Share Register and other statutory registers and/or records and/or documents;
  • Special resolutions/Resolutions passed at General and Class meetings.
  • Records relating to the appointment of:
  • Auditors;
  • Directors;
  • Prescribed Officer;
  • Public Officer; and
  • Secretary;

• FINANCIAL RECORDS
  • Accounting Records;
  • Annual Financial Reports;
  • Annual Financial Statements;
  • Banking details and bank accounts;
  • Debtors / Creditors statements and invoices;
  • Policies and procedures;
  • Tax Returns;

• INCOME TAX RECORDS
  • PAYE Records;
  • Documents issued to employees for income tax purposes;
  • Records of payments made to SARS on behalf of employees;
  • All other statutory compliances:
  • VAT
  • Regional Services Levies
  • Skills Development Levies
  • UIF
  • Workmen’s Compensation

• PERSONNEL DOCUMENTS AND RECORDS
  • Address Lists;
  • Disciplinary Code and Records;
  • Employee benefits arrangements rules and records;
  • Employment Contracts;
  • Employment Equity Plan;
  • Forms and Applications;
  • Grievance Procedures;
  • Leave Records;
  • Medical Aid Records;
  • Payroll reports/ Wage register;
  • Pension Fund Records;
  • Safety, Health and Environmental records;
  • Salary Records;
  • SETA records;
  • Standard letters and notices;
  • Training Manuals;
  • Training Records;
  • Workplace and Union agreements and records.

• PROCUREMENT DEPARTMENT
  • Standard Terms and Conditions for supply of services and products;
  • Contractor, client and supplier agreements;
  • Lists of suppliers, products, services and distribution; and
  • Policies and Procedures.

• SALES DEPARTMENT
  • Customer details;
  • Credit application information;
  • Information and records provided by a third party;

• MARKETING DEPARTMENT
  • Advertising and promotional material

• RISK MANAGEMENT AND AUDIT
  • Audit reports;
  • Risk management frameworks; and
  • Risk management plans.

• HEALTH SAFETY AND ENVIRONMENT
  • Complete Safety, Health and Environment Risk Assessment;
  • Environmental Managements Plans;
  • Inquiries, inspections, examinations by environmental authorities.

• IT DEPARTMENT
  • Computer / mobile device usage policy documentation;
  • Disaster recovery plans;
  • Information security policies/standards/procedures;
  • Information technology systems and user manuals;
  • Information usage policy documentation;
  • System documentation and manuals.

6. PURPOSE OF PROCESSING OF PERSONAL INFORMATION
   • To support our systemic activities in access control;
   • To support sales and marketing activities;
   • To support recruitment and management of staff;
   • To support engagement with suppliers;
   • To support engagement with the general public;
   • To support engagement] with investors and the media;

7. DATA SUBJECTS CATEGORIES AND THEIR PERSONAL INFORMATION
   • Customers: record of customer life cycle.
   • Employees: record of employee life cycle.
   • Suppliers: record of supplier life cycle.
   • General public: tracking general enquiries and web site visits.
   • Investors: records as maintained by the Company Secretary.
   • Media: records of media interactions.

8. PLANNED RECIPIENTS OF PERSONAL INFORMATION
   • Statutory authorities;
   • Employees of the company;
   • Customers;
   • Suppliers;
   • Law enforcement;
   • Tax authorities;
   • Financial institutions;
   • Medical schemes;
   • Employee pension and provident funds;
   • Industry bodies.

9. TRANS-BORDER FLOWS OF PERSONAL INFORMATION
   • Flows to service providers/operators;
   • Flows to business partners;
   • Flows to customers;
   • Flows to suppliers;
   • Flows through the use of social media.
   • Section 72 of POPIA provides that Personal Information may only be transferred out of the Republic of South Africa if the:
   • Recipient country can offer such data an “adequate level” of protection. This means that its data privacy laws must be substantially similar to the Conditions for Lawful Processing as contained in POPIA; or
   • Data Subjects consent to the transfer of their Personal Information; or
   • Transfer is necessary for the performance of a contractual obligation between the Data Subject and the Responsible Party; or
   • Transfer is necessary for the performance of a contractual obligation between the Responsible Party and a third party, in the interests of the Data Subject; or
   • The transfer is for the benefit of the Data Subject, and it is not reasonably practicable to obtain the consent of the Data Subject, and if it were, the Data Subject, would in all likelihood provide such consent
   • Actual or Planned Transborder Flows of Personal Information.
   • The Company may transfer data trans-border in order to store data with third party cloud storage providers.
   • When making authorised disclosures or transfers of Personal Information in terms of Section 72 of POPIA, Personal Information may be disclosed to recipients located in countries which do not offer a level of protection for those Data Subjects as high as the level of protection offered in South Africa.

10. SECURITY MEASURES TO PROTECT PERSONAL INFORMATION
    • Physical security measures;
    • Cyber security measures;
    • Training in information security;
    • Policies in information security;
    • Audits of information security;
    • Any particular security framework implemented.

11. DETAIL ON HOW TO MAKE A REQUEST FOR ACCESS
    • It should be noted that any and all records, whether specifically listed herein or not, shall only be made available subject to the provisions of the Act.
    • FORM OF REQUEST
    • Internal and external correspondence between each member of FUTURENT Consulting, its staff and customers, including letters, faxes, memos, emails and the like, to the extent that same are not covered by the records described in paragraph 4.
    • A requester must use the form C to make a request for access to a record. This must be made to the designated head. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].
    • The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and specify a postal address or fax number in the Republic of South Africa. The requester should also indicate if, in addition to a written reply, any other manner is to be used to inform the requester and state the necessary particulars to be so informed.
    • The requester must identify the right that is sought to be exercised or protected and provide an explanation of why the requested record is required for the exercise or protection of that right.
    • If a request is made on behalf of another person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer.

12. FEES
    • A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required fee:
    • The Information Officer will by written notice require each requester (other than a personal requester) to pay the prescribed request fee (if any) before further processing any request.
    • After the Information Officer has made a decision on the request, the requester will be notified in the required form. If the request is granted, then a further access fee must be paid for reproduction and for search and preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.
    • FUTURENT CONSULTING has the right to reject any request for information submitted in terms of Sections 62 to 70 of Chapter 4 of the PAIA Act.
    • The “request fee” payable by a requester, other than a personal requester, referred to in section 54(1) of the Act, is R50.
    • The “fees for reproduction” referred to in section 52(3) and “access fees” payable by a requester referred to in section 54(7), unless exempted under section 54(8) of the Act, are as follows:

for every photocopy of an A4-size page or part thereof:	R1.10
for every printed copy of an A4-size page or part thereof:	R0.75
a copy in a computer-readable form on – compact disc:	R70
transcription of visual images, for an A4-size or part thereof:	R40
a copy of visual images:	R60
a transcription of an audio record, for an A4-size page or part thereof:	R20
a copy of an audio record:	R30
to search for the record for disclosure (for each hour or part thereof, but excluding the first hour):	R30

• The actual postal fee is payable when a copy of a record must be posted to a requester.

13. AVAILABILITY OF THE MANUAL
    • This manual is available for inspection at the office of FUTURENT CONSULTING free of charge.

_______________________________

Signature of Designated Head

_______________________________

Name of Designated Head

_______________________________

Date of signature

ANNEXURE A

FORM C: REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY

In terms of Section 53 (1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) [Regulation 10]

1. Particulars of private body

The Head (name of body):

1. Particulars of person requesting access to the record

1. The particulars of the person who requests access to the record must be given below.
2. The address and/or fax number in the Republic to which the information is to be sent must be given.
3. Proof of the capacity in which the request is made, if applicable, must be attached.

Full names and surname:

Identity number:

Postal address:

Fax number:

Telephone number:

E-mail address:

Capacity in which request is made, when made on behalf of another person:

1. Particulars of person on whose behalf request is made

1. This section must be completed ONLY if a request for information is made on behalf of another person.

Full names and surname:

Identity number:

1. Particulars of record

1. 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.
2. If the provided space is inadequate, please continue on a separate folio and attach it to this form.
3. The requester must sign all the additional folios.

Description of record or relevant part of the record:

Reference number, if available:

Any further particulars of record:

1. Fees

1. A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
2. The standard fee required for basic information is R 50 excluding computer media that may be required for storage. (USB, Flash drives, etc.)
3. If you qualify for exemption of the payment of any fee, please state the reason for exemption.

Reason for exemption from payment of fees:

1. Form of access to record

1. If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.

Disability:

Form in which record is required:

NOTES:

2. Compliance with your request in the specified form may depend on the form in which the record is available.
3. Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
4. The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.

MARK THE APPROPRIATE CHOICE WITH AN X

5. If the record is in written or printed form:
   1. _____Copy of record.
   2. _____Inspection of record.
6. If record consists of visual images

(This includes photographs, slides, video recordings, computer-generated images, sketches, etc.):

1. _____View the images copy of the images.
2. _____Transcription of the images.

7. If record consists of recorded words or information which can be reproduced in sound:
   1. _____Listen to the soundtrack (audio file).
   2. _____Transcription of soundtrack (written or printed document).
8. If record is held on computer or in an electronic or machine-readable form:
   1. _____Printed copy of record.
   2. _____Printed copy of information.

• _____Derived from the record.

1. _____Copy in computer readable form (computer media).

9. If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you? Postage is payable.
   1. _____Yes
   2. _____No

1. Particulars of right to be exercised or protected

1. If the provided space is inadequate, please continue on a separate folio and attach it to this form.
2. The requester must sign all the additional folios.

Indicate which right is to be exercised or protected:

Explain why the record requested is required for the exercise or protection of the aforementioned right:

1. Notice of decision regarding request for access

 

1. You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your request for access to the record?

Signed at _______________            this_______________       day of     __________

_______________________________________________________

SIGNATURE OF REQUESTER / PERSON ON WHOSE BEHALF REQUEST IS MADE

ANNEXURE B

FORM E: AUTOMATICALLY AVAILABLE RECORDS

Section 52 of the Promotion of Access to Information Act, 2000

(Act 2 of 2000))

Regulation 9A

 

DESCRIPTION OF CATEGORY OF RECORDS   AUTOMATICALLY AVAILABLE IN TERMS OF SECTION 52(1)(a) OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000	MANNER OF ACCESS TO RECORDS (e.g. website)  (SECTION 52(1) (b))
FOR INSPECTION IN TERMS OF SECTION 52(1)(b)(i)
FOR PURCHASE IN TERMS OF SECTION 52(1)(a)(ii)
FOR COPYING IN TERMS OF SECTION 52(1)(a)(ii)
AVAILABLE FREE OF CHARGE IN TERMS OF SECTION 52(1)(a)(iii)