Prepared in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (as amended)
1. LIST OF ACRONYMS AND ABBREVIATIONS
“CEO” Chief Executive Officer
“IO“ Information Officer;
”DIO” Deputy Information Officer
“Minister” Minister of Justice and Correctional Services;
“PAIA” Promotion of Access to Information Act No. 2 of 2000 (as Amended);
“POPIA” Protection of Personal Information Act No.4 of 2013;
“Regulator” Information Regulator; and
“Republic” Republic of South Africa
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 processed.
3. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF ELYSIAN COMPLIANCE AND RISK MANAGEMENT PTY LTD T/A ECARM
3.1. Chief Information Officer
Name: Bianca Neethling
Tel: +27 74 865 5509
Email:bianca@ecarm.co,za
3.2 Deputy Information Officer
Name: Mariska van der Veen
Tel: +27 83 790 3307
Email: mariska@ecarm.co.za
3.3 Access to information general contacts
Email: info@ecarm.co.za
Postal Address: 9 Protea Heights, Sugarbush Estate
Krugersdorp
1739
Physical Address: 9 Protea Heights, Sugarbush Estate
Krugersdorp
1739
Telephone: +27 83 790 3307
Email: info@ecarm.co.za
Website: www.ecarm.co.za
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 aforesaid Guide contains the description of-
- the objects of PAIA and POPIA;
- the postal and street address, phone and, if available, electronic mail address of-
- the Information Officer of every 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 private body contemplated in section 503;
- the assistance available from the IO of a private 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 144 and 515 requiring a private body, to compile a manual, and how to obtain access to a manual;
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.Section 50(1) of PAIA- A requester must be given access to any record of a private body if-
- that record is required for the exercise or protection of any rights;
- that person complies with 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
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.
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.
4.2.8 The provisions of section 156 and 527 providing for the voluntary disclosure of categories of records by a private body,
4.2.9 the notices issued in terms of sections 228 and 549 regarding fees to be paid in relation to requests for access; and
4.2.10 the regulations made in terms of section 9210.
- Members of the public can inspect or make copies of the Guide from the offices of the private bodies, including the office of the Regulator, during normal working hours.
- The Guide can also be obtained-
- upon request to the Information Officer or Deputy 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 languages, for public inspection during normal office hours-
- English
6 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
7 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
8 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.
9 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.
10 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 ”
5. CATEGORIES OF RECORDS OF ECARM WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS
| Category of records | Types of the Record | Available on Website |
| Information Security | Privacy Policy | X |
| PAIA Manual | X | |
| Information Request Policy | X | |
| Cookies Policy | X | |
| Services Information | Terms of Service | X |
| Blog | X | |
| Support | Helpdesk/Info Desk | X |
| Subscriptions | Newsletters | X |
| Social media | Facebook, Instagram and LinkedIn | X |
6. DESCRIPTION OF THE RECORDS OF ECARM WHICH ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION
For the purpose of this manual and the Act, the records held by the Company are categorised by the nature and content thereof. Please note that by listing the categories and information held by the Company below does not mean that a request for any information listed below will automatically be granted. All requests will be evaluated in accordance with the circumstances of the individual request and the provisions of the Act. All requests should be done by completing a Form C as per attached Annexure A and emailed to the Information Officer.
| Category of Records | Applicable Legislation | |
| Company Secretarial Records | Documents of Incorporation | Companies Act 71 of 2008 |
| Memorandum of Incorporation | Companies Act 71 of 2008 | |
| Minutes of Directors Meetings | Companies Act 71 of 2008 | |
| Records relating to the appointment of directors, auditors and public officers | Companies Act 71 of 2008 | |
| Share Register | Companies Act 71 of 2008 | |
| Other statutory documents | Companies Act 71 of 2008 |
| Category of Records | Applicable Legislation | |
| Company Secretarial Records | Documents of Incorporation | Companies Act 71 of 2008 |
| Memorandum of Incorporation | Companies Act 71 of 2008 | |
| Minutes of Directors Meetings | Companies Act 71 of 2008 | |
| Records relating to the appointment of directors, auditors and public officers | Companies Act 71 of 2008 | |
| Share Register | Companies Act 71 of 2008 | |
| Other statutory documents | Companies Act 71 of 2008 | |
| Financial Records | Annual financial records | Companies Act 71 of 2008 |
| Tax returns | Companies Act 71 of 2008 | |
| Accounting records | Companies Act 71 of 2008 | |
| Bank records | Companies Act 71 of 2008 | |
| Asset register | Companies Act 71 of 2008 | |
| Invoices | Companies Act 71 of 2008 | |
| Income Tax Records | PAYE records | Income Tax Act |
| Documents issued to employees for income tax purposes | Income Tax Act, Value Added Tax Act | |
| Compliance Records | Declarations, registers, policies and procedures in terms of POPIA | Promotion of Access to Information Act 2 of 2000 |
| All compliance policies and procedures | Promotion of Access to Information Act 2 of 2000 | |
| Service level agreements | Promotion of Access to Information Act 2 of 2000 | |
| Marketing and Strategic Records | Marketing materials | Electronic Communications and Transactions Act |
| Marketing strategies | Electronic Communications and Transactions Act | |
| Strategic planning documents, business plans etc. | Electronic Communications and Transactions Act |
7. DESCRIPTION OF THE SUBJECTS ON WHICH THE BODY HOLDS RECORDS AND CATEGORIES OF RECORDS HELD ON EACH SUBJECT BY ECARM
| Subjects on which the body holds records | Categories of records |
| Strategic documents, plans, and proposals | ➔ Annual Reports
➔ Strategic Plan ➔ Annual Performance Plan |
| Financial records | ➔ Invoices
➔ Banking details |
| Personal / business information and contact information | ➔ Name
➔ Last name ➔ Identity number ➔ Photographs ➔ Company name ➔ Company registration number ➔ VAT number ➔ E-mail address ➔ Residential/business address ➔ Mobile and wireless numbers ➔ Personal landline number ➔ Service agreements ➔ NDA |
| Professional information | ➔ Electronic signatures |
| Electronic communications data | ➔ Internet Protocol (IP) address
➔ Browser types and versions used ➔ Operating system used by accessing system ➔ Website from which an accessing system reaches our website ➔ Sub-websites ➔ Date and time of access to the Internet site ➔ Internet service provider of accessing system ➔ Hosting information ➔ Backups of operating data |
8. PROCESSING OF PERSONAL INFORMATION
8.1 Purpose of Processing Personal Information
The company process personal information for business purposes.
8.2 Description of the categories of Data Subjects and of the information or categories of information relating thereto
NB: The below table sets out the categories of data subjects in respect of whom the company processes personal information and the nature or categories of the personal information being processed.
| Categories of Data Subjects | Personal Information that may be processed |
| Customers | ➔ Name
➔ Last name ➔ Identity number ➔ Company name ➔ Company registration number ➔ Business registration numbers ➔ Bank details ➔ E-mail address ➔ VAT number ➔ Residential/business address ➔ Mobile and wireless numbers ➔ Electronic signature ➔ Service agreements ➔ NDA |
| Service Providers | ➔ Name
➔ Registration number ➔ VAT numbers ➔ Address ➔ Bank details |
| Employees | ➔ Address
➔ Qualifications ➔ Gender ➔ TAX number |
8.3 The recipients or categories of recipients to whom the personal information may be supplied
NB: Specify the person or category of persons to whom the body may disseminate personal information. Below is an example of the category of personal information which may be disseminated and the recipient or category of recipients of the personal information.
|
Category of personal information |
Recipients or Categories of Recipients to whom the personal information may be supplied |
| Identity number and names and entity information, for criminal checks | South African Police Services |
| Qualifications, for qualification verifications | South African Qualifications Authority |
8.4 General description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information
NB: Specify the nature of the security safeguards to be implemented or under implementation to ensure the confidentiality and integrity of the personal information under the care of the body. This may, for example, include Data Encryption; Anti-virus and Anti-malware Solutions.
9. AVAILABILITY OF THE MANUAL
- A copy of the Manual is available-
- on the website of ECARM;
- head office of ECARM 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 ECARM will on a regular basis update this manual.
Issued by
Mariska van der Veen – Chief Executive Officer
11. ANNEXURE A
REQUEST FOR ACCESS TO RECORDS OF ELYSIAN COMPLIANCE AND RISK MANAGEMENT (PTY) LTD
(Section 53(1) of the Promotion of Access to Information Act 2 of 2000).
12. ANNEXURE B
PRESCRIBED FEES (Section 51(1)(f)
| FEES FOR REPRODUCTION OF INFORMATION | PRICE | |
| 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:
– stiffy disc – compact disc – USB |
R7.50 R70.00 R70.00 |
| 4 | A transcription of visual images, for an A4-size page or part thereof | R40.00 |
| 5 | For a copy of visual images | R60.00 |
| 6 | A transcription of an audio record, for an A4-size page or part thereof | R20.00 |
| 7 | For a copy of an audio record | R30.00 |
Requested fees:
Where a requester submits a request for access to information held by an institution on a person other than the requester himself/herself, a request fee in the amount of R50.00 is payable upfront before the institution will further process the request received.
Access fees:
An access fee is payable in all instances where a request for access to information is granted, except in those instances where payment of an access fee is specially excluded in terms of the Act or an exclusion is determined by the Minister in terms of Section 54 (8).
| FEES FOR REPRODUCTION OF INFORMATION | PRICE | |
| 1 | For every photocopy of an A4-size page or part thereof | R 1.74 |
| 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 1.10 |
| 3 | For a copy in a computer-readable form on:
– stiffy disc – compact disc – USB |
R12.50 R90.00 R90.00 |
| 4 | A transcription of visual images, for an A4-size page or part thereof | R60.00 |
| 5 | For a copy of visual images | R80.00 |
| 6 | A transcription of an audio record, for an A4-size page or part thereof | R40.00 |
| 7 | For a copy of an audio record | R50.00 |
| 8 | To search for the record for disclosure (per hour or part thereof reasonable required for such search) | R50.00 |
| 9 | Where a copy of a record needs to be posted the actual postal fee is payable. |
If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted).
Records may be withheld until the fees have been paid.