PAIA Manual

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


INTRODUCTION

Section 51 of PAIA obliges private bodies to compile a manual to enable a person to obtain access to information held by such a private body and stipulates the minimum requirements that the manual must comply with. PAIA also requires the information officer of a private body to compile a manual that contains information on the records it holds. This Manual constitutes INUKA’s PAIA manual.

 

DEFINITIONS

Unless the context clearly indicates otherwise, the following terms shall have the meanings assigned to them hereunder, namely –

  • “Act” or “PAIA” means the Promotion of Access to Information Act, Act 2 of 2000, as amended from time to time;
  • “Company” means INUKA as more fully described in the overview hereunder;
  • “Information Officer” means the person acting on behalf of the Company and discharging the duties and responsibilities assigned to the head of the Company by the Act.  The Information Officer is duly authorised to act as such, and such authorisation has been confirmed by the “head” of the Company in writing;
  • “Manual” means this manual published in compliance with Section 51 of the Act;
  • “private body” means a natural person, company or other type of juristic entity that carries on any trade, business or profession;
  • “POPIA” means the Protection of Personal Information Act 4 of 2013 and any regulations, guidelines or codes of conduct published thereunder, as amended from time to time;
  • “Record” means any recorded information, regardless of form or medium, which is in the Possession or under the control of the Company, irrespective of whether or not it was created by the Company;
  • “Request” means a request for access to a Record of the Company;
  • “Requestor” means any person, including a public body or an official thereof, making a Request for access to a Record of the Company and includes any person acting on behalf of that person; and
  • “SAHRC” means the South African Human Rights Commission.

Unless a contrary intention clearly appears, words signifying: –

  • the singular includes the plural and vice versa;
  • any one gender includes the other genders and vice versa; and
  • natural persons include juristic persons.

Unless otherwise stated, terms defined in the Act shall have the same meaning in this Manual.

 

OVERVIEW OF THE COMPANY

INUKA Fine Fragrances is a Company incorporated in accordance with the company laws of South Africa.

The Founder is, Alma Gericke, and the history of the Company involves our Founder’s vision to create rewarding and financially sustainable business opportunities for people from all walks of life. INUKA Fragrances, meaning “surrounded by smell”, was established in June 2010. INUKA is a Network Marketing Company that sells luxury high quality cosmetic and fragranced products at wholesale prices to independent entrepreneurs.

 

KEY CONTACT DETAILS FOR ACCESS TO INFORMATION

The Chief Executive of the Company, as head of the private body, has delegated his powers to the Head of IT, as Information Officer, whose details appear hereunder for purposes of dealing with all matters in connection with Requests for information on the Company’s behalf and to ensure compliance with the Act. Any person seeking access to a record in the possession or under control of INUKA in terms of Section 53 of PAIA or a data subject requesting access to personal information in terms of Section 23 of POPIA may address the request to the Information Officer.

Information Officer
Name: Gerald de Jager
Tel: 021 949 9850
Email: [email protected]

INUKA Head Office
Postal and Physical Address:
Unit 5, Bellpark Building
Corner of Durban Road and De Lange Street
Bellville, Western Cape
7530 South Africa
Telephone: 021 949 9850
Website: www.inuka.co.za

 

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.
For further guidance, contact the Information Regulator. They have compiled a PAIA guide in each official language of South Africa on how to exercise your rights under PAIA.

Information Regulator
Website: https://www.justice.gov.za/inforeg/
Postal Address:
P.O. Box 3153
Braamfontein
Johannesburg
2017
Physical Address:
JD House
27 Stiemens Street
Braamfontein
Johannesburg
2001
Tel: 010 023 5200
Email: [email protected]
PAIA Guide: https://www.justice.gov.za/inforeg/docs
Complaints by email: [email protected]

 

CATRGORIES OF RECORDS WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS

We make some records automatically available to you without you needing to request access to them. Our web page www.inuka.co.za is accessible to anyone who has access to the Internet. The Company website hosts the following categories of information:

  • Brands
  • Company information
  • Corporate Information
  • Corporate Profile
  • Career Opportunities
  • Product and promotional brochures/pamphlets
  • News and marketing information
  • Corporate communications
  • Other literature intended for public viewing.

 

DESCRIPTION OF THE RECORDS WHICH ARE AVAILABLE IN ACCORDANCE WITH ANY OTHER LEGISLATION

Category of Records Applicable Legislation
Anti-corruption and organised crime
  • Prevention & Combating of Corrupt Activities Act 12 of 2004
  • Prevention of Organised Crime Act 121 of 1998
  • Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004
Communications and IT
  • Electronic Communications Act 36 of 2005
  • Electronic Communications and Transactions Act 25 of 2002
  • Financial Intelligence Centre Act 38 of 2001
  • Regulation of Interception of Communications and Provision of Communication related Information Act 70 of 2002
Compliance and Corporate Governance
  • Companies Act 71 of 2008
  • Competition Act 89 of 1998
Copyright, Intellectual Property and Trademarks
  • Copyright Act 98 of 1978
  • Intellectual Property Laws Amendment Act 38 of 1997
  • Intellectual Property Laws Amendment Act 28 of 2013
  • Trade Marks Act 194 of 1993
Finance
  • Income Tax Act 58 of 1962
  • Insolvency Act 24 of 1936
  • National Credit Act 34 of 2005
  • Tax Administration Act 28 of 2011
  • Value Added Tax Act 89 of 1991
General
  • Consumer Protection Act 68 of 2008
  • Prescription Act 18 of 1943
  • Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
  • Promotion of Access to Information Act, No 2 of 2000
  • Protection of Personal Information Act 4 of 2013
Human Resources
  • Basic Conditions of Employment Act 75 of 1997
  • Broad Based Black Economic Empowerment Act 53 of 2003
  • Compensation for Occupational Injuries and Disease Act 130 of 1993
  • Employment Equity Act 55 of 1998
  • Labour Relations Act 66 of 1995
  • Occupational Health and Safety Act 85 of 1993
  • Protected Disclosures Act 26 of 2000
  • Skills Development Act 97 of 1998
  • Skills Development Levies Act 9 of 1999
  • Unemployment Insurance Act 63 of 2001
  • Unemployment Insurance Contributions Act 4 of 2002

 

DESCRIPTION OF THE SUBJECT ON WHICH THE BODY HOLDS RECORDS AND THE CATEGORIES OF RECORDS HELD ON EACH SUBJECT

Subjects on which the body holds records
Categories of records
Statutory and Legal
  • Statutory registers 
  • annual reports
  • statutory Records & returns, including incorporation documents, memorandum of incorporation and share register 
  • minutes of meetings: 
    • board 
    • board and statutory committees 
    • management committees 
  • contractual and legal agreements 
  • intellectual property: trademarks certificates
  • licenses
  • copyrights & designs 
  • health and safety records
Human Resources
  • HR policies & procedures 
  • Employment equity plan and report 
  • Skills development plan and report 
  • Employee Records 
  • Benefits 
  • IR disciplinary and grievance procedures and hearings, including CCMA Records 
  • Union negotiation Records
  • Incentive scheme rules
Finance
  • Accounting Records 
  • Auditors reports 
  • Tax returns 
  • VAT returns 
  • Policies & procedures
Retirement Fund
  • Pension and provident fund rules 
  • Correspondence 
  • Statutory Records and returns
Information technology
  • Hardware 
  • Software packages 
  • Licences 
  • IT policies and procedures 
  • Operating systems
Sales and Marketing
  • Customer Records 
  • Credit application forms 
  • Statements of account 
  • Terms & conditions 
  •  Marketing material and media releases: brochures, newsletters and advertising materials
Assets
  • Land and building register 
  • Fixed assets register 
  • Title deeds 
  • Leases
Insurance
  • Policies, including coverage, limits and insurers 
  • Claim Records 
Operational Information 
This information can be defined as information needed in the day-to-day running of the organization. Internal telephone lists, address lists, company policies, company procedures, human resource manuals, administration manuals, industry related statistical data, management information reports, lease agreements, construction contracts and architectural drawings.

 

PROCESSING OF PERSONAL INFORMATION

Purpose of Processing Personal Information

The purpose for which personal information is processed by INUKA will depend on the nature of the information and the data subject. This purpose is ordinarily disclosed, explicitly or implicitly, at the time the data is collected. Please refer to our website for our Privacy Policy or ask our information officer for a copy.
 

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
Members and candidates
Title and name; Contact numbers and/or e-mail address; Language; Identity or passport number; click patterns websites; bank details; Postal and/or street address
Vendors /suppliers /other businesses
Name and contact details; address; Identity and/or company information and directors’ information; Banking and financial information; vat numbers; Information about products or services; Other information not specified, reasonably required to be processed for business operations.
Employees 
Includes ID number; contact details; physical and postal address; date of birth; age; marital status; race; disability information; employment history; criminal / background checks; fingerprints; CVs; education history; banking details; income tax reference number; remuneration and benefit information (including medical aid, pension / provident fund information); details related to employee performance; disciplinary procedures.

 

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

INUKA may share the personal information of data subjects for various purposes with the following:

  • any operators who perform services on behalf of INUKA;
  • any applicable pension funds, provident funds, credit bureau, and/or recruitment companies;
  • Any firm, organisation or person that/who provides INUKA with products or services;
  • Any payment system that INUKA uses;
  • Regulatory and governmental authorities or ombudsmen, or other authorities, including tax authorities, where the INUKA has a duty to share information;
  • Third parties to whom payments are made on behalf of employees;
  • Financial institutions from whom payments are received on behalf of data subjects;
  • Any other operator not specified; and Employees, contractors and temporary staff.

 

Planned transborder flows of personal information

INUKA may share with or receive personal information from parties as set out above, where these parties reside outside of the Republic of South Africa. Planned transborder flows of personal information may include:

  • Storing information electronically; and
  • Making use of third-party service providers to fulfil a business function on behalf of INUKA.

 

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

INUKA has information security measures to ensure the security, confidentiality, integrity and availability of personal information in our possession. This is supported by appropriate technical and organisational measures designed to ensure that personal data remains confidential and secure against unauthorised or unlawful processing and against accidental loss, destruction or damage.

 
 

ACCESS: PROCEDURE AVAIABLE AND FEES PAYABLE

Completion of the prescribed form

  • Requests for access to Records must be made to the Information Officer on the prescribed form, Form 2 (Form 2 – Request for access to record), at the address or email address referred to above. Failure to make use of the prescribed form could result in your Request being refused or delayed.
  • The Requestor must indicate which form of access is required and if he/she wishes to be informed on the decision on the Request in any other manner, to state the necessary particulars to be so informed.
  • Access is not automatic. The Requestor must therefore identify the right he/she is seeking to exercise or protect and provide an explanation as to why the requested Record is required for the exercise or protection of that right.
  • The Requestor must provide sufficient detail on the Request form to enable the Information Officer to clearly identify the Record as well as the Requestor’s identify, which is to be accompanied by positive proof of identification.
  • Making use of third-party service providers to fulfil a business function on behalf of INUKA.

 

Proof of identity

  • Proof of identity is required to authenticate your identity and the request. You will, in addition to this prescribed form, be required to submit acceptable proof of identity such as a certified copy of your identity document or other legal forms of identity.
  • If a Request is made on behalf of a person, the Requestor must then submit proof, to the satisfaction of the Information Officer, of his/her authority to make the Request. Failure to do so will result in the Request being rejected.

 

Payment of the prescribed fees

There are two categories of fees which are payable:

  • The request fee: When submitting your request, you must pay us a request fee as the law prescribes. You must pay us the prescribed fees before we give you access. This fee is not applicable to personal Requests, i.e., individual seeking access to Records pertaining him/herself.
  • The access fee: If we grant the request, the Requestor will have to pay a further access fee the law prescribes that includes a fee for the time it takes us to manage your request, or if the time has exceeded the prescribed hours to search and prepare the record for disclosure. Access will be withheld until the Requestor has made payment of the applicable fee(s).
  • These fees are detailed in Annexure 1: Access to information fees for private bodies.

 

Timelines for consideration of a request for access

The Requestor will be notified, within 30 days, in the manner indicated by him/her of the outcome of his/her Request, alternatively whether an extension not exceeding 30 days is required to deal with the Request.

 

Grounds for refusal of access and protection of information

We may refuse you access to certain records in terms of PAIA to protect:

  • someone else’s privacy,
  • another company’s commercial information,
  • someone else’s confidential information,
  • research information,
  • the safety of individuals and property, or
  • records privileged from production in legal proceedings.

 

Remedies available to a Requestor on refusal of access

  • If the Request for access is refused, reasons for the refusal will be provided.
  • There is no internal appeal procedure that may be followed after a request to access information has been refused. The decision made by the Information Officer is final.
  • If you are not satisfied with the outcome of the request, you are entitled to apply to a court of competent jurisdiction to take the matter further.

 

AVAILABILITY OF THIS MANUAL

This manual is available in English in electronic format on our website and in physical format at the reception of our company offices during normal business hours.
 

UPDATING OF THE MANUAL

This manual will be reviewed and updated, if necessary, on a periodic basis.