PROMOTION OF ACCESS TO INFORMATION ACT SECTION 51 MANUAL
S AND S BUSINESS CONSULTANTS (PTY) LTD
Table of Contents
- Contact details
- Guide in terms of section 10 of the act (section 51(1)(b) of the act)
- Notice(s) in terms of section 52(2) of the act (section 51(1)(c))
- Criteria for granting access to information
- Information available in accordance with other legislation in terms of the act
- Request Procedure
- Request Fees
- Voluntary Disclosure
- Records available in terms of other legislation
- Availability of this manual
INTRODUCTION 1.1. The provision of the Act
When a request is made by a requester in accordance with the procedure provided for in the Act, for access to information held by a body (being either a public body or a private body), that body is obliged to deal with such a request in the manner prescribed in the Act. More specifically, that body is obliged to release the information except in those cases where the Act expressly provides that the information may not or must not be released.
The object of the Act is to give effect to the constitutional right of access to information held by another and required for the exercise or protection of any right, privacy, commercial confidentiality, and professional privilege.
The Promotion of Access to Information Act no 2. of 2000 (the “Act”) was enacted on 3 February 2000 and was put into effect in part on 9 March 2001, with Section 51 and other sections pertaining to the manuals to be prepared by public and private bodies coming into effect on 15 February 2002.
This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person or entity, whether such information is required by someone to protect his/her rights.
S and S Business Consultants (Pty) Ltd is a practice in the field of Business Consulting established in 2015.
We specialise in
Enterprise Solutions & Specialised Management Services , etc.
We provide Enterprise Business Solutions to the private and Government sectors.
S and S Business Consultants (Pty) Ltd are committed to international standards of good corporate governance and Generally Acceptable Accounting Practice (GAAP)
This manual serves to inform members of the public of the categories of information we hold.
THE PURPOSE OF THE MANUAL
The purpose of the manual is to make available to potential requesters information regarding the records held, to define the manner and form in which a request for information must be submitted and to set out the criteria and grounds, derived from the Act, to be applied with in granting or refusing a request. The objective of the manual is to inform and assist potential requesters in regard to the procedure to be followed and the criteria to be applied when a request is made for access to information held by S and S Business Consultants (Pty) Ltd in terms of the Act.
The manual may be amended from time to time as and when necessary. As and when amendments are effected, the latest version of the manual will be made public.
- CONTACT DETAILS (SECTION 51(1) (A) OF THE ACT)
|Name of company||S and S Business Consultants (Pty)Ltd
|Appointed Information Officer||Adam Strydom
|Position||Chief Financial Officer & Company Secretary
|Postal address||PO Box 676, Rivonia. 2128
- GUIDE IN TERMS OF SECTION 10 OF THE ACT (SECTION 51(1) (B) OF THE ACT)
In terms of Section 10 of the Act, a guide has to be compiled by the South African Human Rights Commission (SAHRC) containing such information as may be required by a person who wishes to exercise any right contemplated in the Act. The guide will be made available in all official languages by the SAHRC and will be obtainable from the SAHRC.
Contact details of the SAHRC are as follows: Postal address
PAIA Unit, The Research and Documentation Department, Private Bag 2700, Houghton 2041
|Physical address||Offices of SAHRC Forum, 3 Braampark Office Park, Braamfontein|
|Telephone||011 877 3600|
4. NOTICE(S) IN TERMS OF SECTION 52(2) OF THE ACT (Section 51(1)(c))
In terms of section 52(2), the Minister must, by notice in the Gazette, publish such information. To date, no such notice has been published.
In terms of section 52(1) of the Act, a private body may, on a voluntary basis, provide the Minister (of Justice) with information regarding categories of records that are automatically available without a person having to request access in terms of the Act.
5. CRITERIA FOR GRANTING ACCESS TO INFORMATION
5.1 in accordance with the provisions of the Act, and subject to the rules and principles entrenched in the Act in regard to the protection of the commercial and confidential information of South Africa and third parties, and taking into account the other grounds for refusal of access as set out in the Act. 7
5.2 a request prepared and lodged in the prescribed format and in accordance with the prescribed procedure (see paragraph 7 below).
Any information, records, copies, documents or other data forming part of or pertaining to the records referred to in paragraphs 10 (below) will only be made available to a requester in response to:
6. INFORMATION AVAILABLE IN ACCORDANCE WITH OTHER LEGISLATION IN TERMS OF THE ACT
S and S Business Consultants (Pty) Ltd In terms of sections 62-70 of the Act, may legitimately refuse to grant access to the aforesaid records in respect of information falling within certain categories as contemplated in the Act, inter alia in the following circumstances:
- To protect personal information that the firm holds about a third person (who is a natural person), including a deceased person, from unreasonable disclosure;
- To protect commercial information that the firm holds about a third party or the firm itself (for example trade secrets: financial, commercial, scientific or technical information that may harm the commercial or financial interests of the organisation or the third party);
- If disclosure of the record would result in a breach of a duty of confidence owed to a third party in terms of an agreement;
- If disclosure of the record would endanger the life or physical safety of an individual;
- If disclosure of the record would prejudice or impair the security of property or means of transport;
- If disclosure of the record would prejudice or impair the protection of a person in accordance with a witness protection scheme;
- If disclosure of the record would prejudice or impair the protection of the safety of the public;
- If the record is privileged from production in legal proceedings, unless the legal privilege has been waived;
- If disclosure of the record (containing trade secrets, financial, commercial, scientific, or technical information) would harm the commercial or financial interests of the firm;
- If disclosure of the record would put the firm at a disadvantage in contractual or other negotiations or prejudice it in commercial competition;
- If the record is a computer program; and
- If the record contains information about research being carried out or about to be carried out on behalf of a third party or the firm.
7. REQUEST PROCEDURE
The requester must comply with all the procedural requirements contained in the Act relating to the request for access to a record.
The requester must complete the prescribed form from www.sahrc.org.za – Forms, and submit the form.
The prescribed form must be filled in with enough particularity to enable the Information Officer to identify:
- The information and/or record or records requested;
- The identity of the requester;
- Which form of access is required, if the request is granted;
- The postal address, electronic mail or fax number of the requester.
- The requester must state that he/she requires the information in order to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. In addition, the requester must clearly specify why the record is necessary to exercise or protect such a right.
- 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 Information Officer
- The requester must state in which form they want to access the information (inspection of copy, paper copy, electronic copy, transcript, etc.)
- If the record is part of another record, the requester will only be given access to the part/s that pertains to the information they are entitled to, and not the rest of the record.
- All requests will be evaluated against the provisions of the Act. The Act allows the Information Officer to refuse access on grounds stipulated in the Act. One can, for example, not access another person’s confidential information, or trade- or commercial secrets of a business
- The requester will be informed whether access is granted or denied. If, in addition, the requester requires the reasons for the decision he/she must state the particulars so required.
- The request will be processed within 30 days, unless the requester has stated special reasons which would satisfy the Information officer that circumstances dictate that the above time periods not be complied with.
8. REQUEST FEES
Section 54 of the Act provides for a private body to require a request fee to be paid by a requester before processing a request. The Minister of Justice has determined, by way of notice in the Gazette in terms of section 54(8) of the Act, the fee that may be charged. Information in regard to the fees payable is set out in Appendix 2.
Payment of the request fee and proof of payment must be submitted to the Information Officer at the postal or physical address, electronic mail address as stated in paragraph 2 above.
The requester must pay the prescribed fee, before any further processing can take place.
The fees are prescribed by law, and can change from time to time.
9. VOLUNTARY DISCLOSURE
The following information is made known automatically [insert for example documents on websites, price lists, terms and conditions forms, brochures, leaflets, etc. and where such documents are available request to such information may not be requested.
10. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION
Information is available in terms of the following legislation to the persons or entities specified in such legislation, as well as the specific protections offered by such laws.
As legislation changes from time to time, and new laws may stipulate new manners and extend the scope of access by persons specified in such entities, this list should be read as not being a final and complete list.
Business legislation (including all regulations issued in terms of such legislation):
- The Companies Act 71 of 2008;
- Income Tax Act 58 of 1962;
- Value Added Tax Act 89 of 1991;
- Labour Relations Act 66 of 1995;
- Basic Conditions of Employment Act 75 of 1997;
- Employment Equity Act 55 of 1998;
- Skills Development Levies Act 9 of 1999;
- Unemployment Insurance Act 63 of 2001;
- Electronic Communications and Transactions Act 25 of 2002;
- Telecommunications Act 103 of 1996;
- Electronic Communications Act 36 of 2005;
- Consumer Protection Act 68 of 2008;
- Broad-based Black Economic Empowerment Act 53 of 2003;
- National Credit Act 34 of 2005;
11. AVAILABILITY OF THIS MANUAL (Section 51(3) of the Act)
11.1 The manual can also be accessed on the website of S & S Business Consultants (Pty) Ltd (www.sandsbiz.co.za).
11.2 It should be noted that the manual accessible on the website of the SAHRC and in the Government Gazette,
The request forms and fee structure can be obtained on the SAHRC website (www.sahrc.org.za) or the website of the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”).