Page 4 - KZN Business Sense - 4.2

ELECTRONIC DATA AND LITIGATION: ARE YOU READY?

Brett Franklin, countries its disclosure is a on both private and public bodies
Associate requirement. The costs associated to comply with certain conditions
Director at with it are significant, posing a when dealing with the collection Electronically Stored
Forensic KPMG, major challenge for companies and storage of information.
South Africa faced with litigation and Being prepared for electronic Information (ESI) has
regulatory investigations requiring
L arge extensive data collection and disclosure starts with an become invaluable in
executive e-disclosure policy,
review. The need for businesses
litigation today and in many
data
governed by internal procedures
being prepared to adequately
volumes, respond to requests is a priority. and government regulations countries its disclosure is a
concerning storage of data and
distributed Unlike collecting boxes filled should not be developed in
data with lever arch files from an isolation of a company’s technical requirement.
sources office, ESI requires a different infrastructure. Challenges such
and
multiple stakeholders characterise approach due to the sheer as complex system architectures,
volume of information (e-mails,
remotely archived data and
typical business in today’s digital documents and databases) that system availability need to
world. Mobile and wireless are potentially relevant. ESI can be considered as policies are based on a ‘mock’ regulatory Legal departments, companies
technologies have further be easily altered (intentionally meaningless if they cannot matter is recommended. can respond timeously to requests
increased data volumes and data or not) and data thought to be be practically implemented. To save time and costs, ideally and reduce the amount of data
sources, while permitting access deleted can often be recovered. These should differ in language in-house lawyers should be collected, processed and reviewed
to data anywhere. Coupled with Therefore, specialised tools are (technical as opposed to legal) but educated up-front regarding the in a cost-effective manner. 
the ever increasing data volumes required to collect, preserve and need to be aimed at aligning the internal IT infrastructure and in
is the inability to keep up with process this information. This Information Technology (IT) and the use of various e-disclosure www..kpmg.com/za
effectively managing the storage, process can be time consuming Legal functions. tools and processes.
security and transfer of this and costly if not planned and
Electronically Stored Information managed correctly. With the Once these policies and By combining sound e-disclosure
(ESI).
promulgation of the Protection of procedures are in place and all policies and procedures with
ESI has become invaluable in Personal Information Act (POPI), sources of available data have effective data management as well
litigation today and in many this places an added responsibility been documented, a ‘dry run’ as collaboration between IT and

WELLNESS, EFFICIENCY AND PRODUCTIVITY

ama Mngadi-Molefe, the distance. I love to see people and wellness intervention is to assess communication, problem times referred cases by medical
managing director of to help them with their problems. employees to identify areas solving, and straight thinking. practitioners.
ZUvuyonothando Wellness People need to understand that a where assistance is required. The A typical one on one interaction The company has undertaken
and Consulting Services, a 100% problem is not bigger than they initial assessment is normally may take place over six sessions, work for a range of clients,
black woman owned company, are and that solutions are doable. administered in the form of thereafter a report on the including Scribante Labour
has much expertise in dealing However, this may mean a change an employee base-line survey, employee’s wellbeing would Consultants, Unilever
with the human capital challenges of behaviour or attitude to cope which is undertaken on site. be prepared for management. South Africa and Transnet
impacting on businesses. with a situation.” Programmes are then designed When required, Uvuyonothando (in affiliation with ICAS),
A qualified social worker, Consequently, Mngadi-Molefe in conjunction with the business Wellness and Consulting Services eThekwini Metro (in affiliation
Mngadi-Molefe has long had decided to venture out of her to ensure an alignment with works with a team of other health with Careways) and Umshwati
a passion for ensuring that comfort zone and established her its organisational health and care workers, including doctors, Local Municipality.
people have better lives. She own company in 2013, which was wellness strategies. nurses and psychologists and will Scribante Labour Consultants
formalised in 2015.
has had more than 16 years of Following from these findings, refer employees for further care was Mngadi-Molefe’s first client
experience in social work and The primary offering of one on one consulting to should the situation necessitate. and the company has greatly
has worked in the field as well Uvuyonothando Wellness an employee may offered or An executive wellness programme assisted her in growing her
as in a management capacity in and Consulting Services is the a customised programme aimed at dealing with senior to business through its enterprise
a variety of non-governmental provision of tailored employee developed. A range of issues may executive management relating to development funding. This
organisations in KwaZulu-Natal. assistance programmes. To be be addressed such as: issues in all spheres of their lives is sponsorship has also resulted
However, being an effective social successful, businesses require the also on offer. in her participating in the
worker means engaging with input of healthy and motivated ■ Healthcare and illness BusinessFit entrepreneur
people directly and this cannot be people who can balance work ■ Financial or legal concerns Uvuyonothando Wellness programme, which she says has
done from an office. and family life and be efficient ■ Family or parenting issues and Consulting Services hosts made a ‘big difference’ to the
and productive. corporate wellness days, which management of her business, as
Mngadi-Molefe said, “I can’t ■ Relationship issues range from screening for chronic well as to her personal life.
solve issues for people from a The starting point for any ■ Substance abuse illnesses, such as blood pressure, Mngadi-Molefe’s aim is for
■ Ongoing therapeutic support, cholesterol, glucose and HIV, to private social workers to become
grief counselling motivational talks. Training and more visible as service providers
■ Trauma debriefing or trauma facilitation of workshops, including and for her services’ relevance
management services team building, is also provided. to be more acknowledged. She
■ Crisis intervention As a registered private social says, “I would like to grow my
■ Psychosocial matters: Anxiety, worker, Mngadi-Molefe also has company beyond South Africa
stress, depression, emotional a keen interest in working with and leave a legacy.” 
distress, mental health related children, which relates back to
or psychiatric issues. her early social working career C: 076 856 4544
■ Life skills: decision making, at Cotlands in Hlabisa. She is at uvuyonothando@gmail.com
www.uvuyonothando.co.za

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