4. APPLICABLE LEGISLATION
4.1 The Company keeps records in accordance with the following legislation, all of which are available, subject to such legislation and the Act:
- Basic Conditions of Employment Act, No. 75 of 1997
- Companies Act, No. 71 of 2008
- Electronic Communications and Transactions Act, No. 25 of 2002
- Employment Equity Act, No. 55 of 1998
- Income Tax Act, No. 95 of 1967
- Labour Relations Act, No. 66 of 1995
- Promotion of Access to Information Act, No. 2 of 2000
- Unemployment Contributions Act, No. 4 of 2002
- Unemployment Insurance Act, No. 63 of 2001
- Value Added Tax Act, No. 89 of 1991
5. CATEGORIES OF RECORDS HELD
The following are the subject and categories of records held:
5.1 Human Resources:
Conditions of employment
Memorandum and Articles of Association
Minutes of Meetings
5.3 Financial and Administration
Reports and returns
Debtors / Creditors lists, statements and invoices
5.4 Information Management and Technology
5.5 Movable and Immovable Property
Archival Administration Documentation
Income Tax files
5.7 Customer/ Clients and third parties related records
Contracts with Clients
5.8 Legal Records
Legal proceedings records
5.9 Other Records
Various information about third parties in respect of publicly listed companies, legally purchased under license agreements with companies such as The Johannesburg Stock Exchange Ltd and Strate (Pty) Ltd, and done so in accordance with the South African Companies Act in respect of information disclosure requirements for publicly listed companies.
6. DETAILS ON HOW TO MAKE REQUESTS FOR ACCESS TO RECORDS HELD BY THE COMPANY
6.1 A requester requiring access to information held by the Company must complete the prescribed form available from SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) and submit it to the Public Officer at the address, or electronic mail address provided for above, and also make the payment of the prescribed fees. The request will not be processed until proof of payment is received. The account details are available upon request at the below contact details.
6.2 The prescribed form must be completed with enough particularity to enable the Public Officer to identify:
- 6.2.1 the record(s) requested;
- 6.2.2 the identity of the requester;
- 6.2.3 indicate which form of access is required, if the request is granted;
- 6.2.4 specify the postal address or fax number of the request in the Republic.
6.3 The requester must state which right she or he is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of such right.
6.4 The requester will be informed in writing whether access has been granted or denied. If, in addition, the requester requires the reasons for the decision in any manner, he/she must state the manner and the particulars if so required.
6.5 If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requester is making the request to the reasonable satisfaction of the Public Officer.
6.6 If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.
6.7 The Company will process the request within 30 days, unless the requester has stated special reasons which would satisfy the Public Officer that circumstances dictate that the above time periods not be complied with.
7. PRESCRIBED FEES
The following applies to requests (other than personal requests):
7.1 A requestor is required to pay the prescribed fees (R50.00) before a request will be processed;
7.2 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);
7.3 A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;
7.4 Records may be withheld until the fees have been paid.
7.5 The fee structure is available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za, or the website of THE DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT (under regulations) at http://www.doj.gov.za/
8. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS
The main reason(s) why the Company may refuse a request for information relates to the:
8.1 mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person (section 63);
8.2 mandatory protection of the commercial information of a third party, if the record contains:-
- 8.2.1 trade secrets of that third party;
- 8.2.2 financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party;
- 8.2.3 information disclosed in confidence by a third party to the Company if the disclosure could put that third party at a disadvantage in negotiations or commercial competition (section 64);
8.3 mandatory protection of the safety of individuals and the protection of property (section 66);
8.4 mandatory protection of confidential information of third parties if it is protected in terms of any agreement (section 67);
8.5 mandatory protection of records which would be regarded as privileged in legal proceedings (section 67);
8.6 the commercial activities of the Company, which may include:-
- 8.6.1 trade secrets of the Company;
- 8.6.2 financial, commercial, scientific or technical information which disclosure of could likely cause harm to the financial or commercial interests of the Company;
- 8.6.3 information which, if disclosed could put the Company at a disadvantage in negotiations or commercial competition;
- 8.6.4 a computer program which is owned by the Company, and which is protected by copyright (section 68);
8.7 Requests for information that is clearly frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused.
9. REMEDIES AVAILABLE WHEN THE COMPANY (PTY) LTD REFUSES A REQUEST FOR INFORMATION
9.1 Internal Remedies
The Company does not have an internal appeal procedure. As such, the decision made by the Public Officer is final, and requesters will have to exercise such external remedies at their disposal if the request for information is refused, and the requester is not satisfied with the answer supplied by the Public Officer.
9.2 External Remedies
A requester that is dissatisfied with a Public Officer’s refusal to disclose information, may within 30 days of notification of the decision, apply to a relevant Court for relief. Likewise, a third party dissatisfied with a Public Officer’s decision to grant a request for information, may within 30 days of notification of the decision, apply to a Court for relief. For purposes of the Act, the Courts that have jurisdiction over these applications are the Constitutional Court, the High Court or another court of similar status.
9.3 Availability of this Manual
This manual is available upon request by email - email@example.com
The Promotion of Access to Information Act 2 of 2000 provides for two types of fees:
- 1. Request fee, a standard administration fee paid by all requestors except personal requestors. This is not refundable.
- 2. Access fee paid by all requestors intended to reimburse the institution for costs involved in searching for a record and preparing it for delivery to the requestor. This fee is calculated by taking into account reproduction costs, search and preparation time and cost, as well as postal costs.
- The only charge that may be levied for obtaining records is a fee for reproduction of the record in question.
- 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).
- In terms of Regulation 8, Value Added Tax (VAT) must be added to all fees prescribed in terms of the Regulations.
- When the Information Officer receives the request, he/she shall notify the requester to pay the prescribed request fee (if any), before further processing of the request.
- The Information Officer may withhold a record until the requester has paid the fees.
- If a deposit has been paid in respect of a request for access, which is refused, then the information officer concerned must repay the deposit to the requester.