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CONTACT DETAILS: |
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Tel: 0861 DATA 4 U
Fax: 086 6000 536
Physical address:
4th Floor, West Tower, Nelson
Mandela Square, Sandton City, Jhb
Postal address:
Postnet Suite 179 Private Bag X1
Northcliff 2115
Email:
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ACCESS TO
INFORMATION ACT
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ACCESS TO
INFORMATION MANUAL
PRIVATE BODY
A. PARTICULARS IN
TERMS OF SECTION 51
OF THE ACT
1. INTRODUCTION TO
THE PROMOTION OF
ACCESS TO
INFORMATION ACT
On 9 March 2001 the
Promotion of Access
to Information Act
“the Act” came into
effect.
The Act seeks to
advance a culture of
transparency and
accountability in
both public and
private bodies. The
legislation was
enacted as a direct
response to Section
32(2) of the
constitution of
South Africa – the
right of access to
information – which
requires that the
Government
implements laws in
an effort to make
information
pertaining to public
and
private bodies more
accessible to all.
One of the main
requirements
specified in the Act
is the compilation
of a manual that
provides information
on both the types
and categories of
records held by the
public or
private body. In
terms of the Act,
AFFINITY DATA VAULT
(PTY) LTD is
regarded as a
“private body” and
therefore the
requirements
regarding access
must be in
compliance
with the provisions
of the Act relevant
to private bodies.
Adherence to these
requirements
entails not only
compilation of the
external manual but
also compliance with
the general
provisions stated in
the Act. The Act
gives effect to the
constitutional right
of access to
any information held
by the State and any
information that is
held by another
person and
that is required for
the exercise or
protection of any
rights. Where a
request is made in
terms of the Act,
the body to whom the
request is made is
obliged to release
the
information, except
where the Act
expressly provides
that the information
may or must not
be released.
2. INTRODUCTION TO
Affinity Data Vault
(Pty) Ltd
Here is set out the
particulars of the
client
2.1 Name of Director
Murray Hewlett
2.2 Organogram of
the Organisation
See attached
3. CONTACT DETAILS
3.1 Name of body
Affinity Data Vault
(Pty) Ltd
3.2 Information
Officer
Murray Hewlett
AFFINITY DATA VAULT
(PTY) LTD
3.3 Physical Address
4th Floor, West
Tower, Nelson
Mandela Square,
Sandton City, Jhb
3.4 Postal Address
Postnet Suite 179
Private Bag X1
Northcliff
2115
3.5 Telephone Number
0861 DATA 4 U
Murray Hewlett
3.6 Facsimile Number
086 6000 536
3.7 Email Address
murray@affinitydata.co.za
3.8 Website
http://www.affinitydata.co.za
4. SECTION 10 –
GUIDE ON HOW TO USE
THE ACT
In terms of Section
10 of the Act, the
Human Rights
Commission must
compile a guide
which guide is
intended to assist
users in the
interpretation of
the Act. The guide
contains
a description of the
objects of the Act,
the contact details
of information
officers of all the
public bodies,
particulars of the
public bodies, the
manner of access to
the records of
those public bodies
and the remedies
available in law
regarding a breach
of any of the
provisions of the
Act.
The South African
Human Rights
Commission PAIA Unit
Research and
Documentation
Department
Private Bag 2700
Houghton
2041
Telephone Number:
(011) 484-8300
Fax Number: (011)
484-0582
Email Address: PAIA@SAHRC.org.za
Website:
www.sahrc.org.za
5. RECORDS
AUTOMATICALLY
AVAILABLE TO THE
PUBLIC
- Newsletters
- Other literature
intended for public
viewing
6. RECORDS AVAILABLE
IN TERMS OF OTHER
LEGISLATION
6.1 Basic Conditions
of Employment Act,
75 of 1997
6.2 Labour Relation
Act, 66 of 1995
6.3 Income Tax Act,
58 of 1962
6.4 Unemployment
Insurance Act, 30 of
1996
7. RECORDS THAT MAY
BE REQUESTED
7.1 Accounting
Records
7.1.1 Delivery
notes, orders,
invoices,
statements,
receipts,
vouchers and bills
of exchange
7.2 Financial
Records
7.2.1 Banking
details
7.2.2 Bank account
records
7.3 Statutory
Employee Records
7.3.1 Employee’s
name and occupation
7.3.2 Time worked by
each employee
7.3.3 Remuneration
paid to each
employee
7.3.4 Date of birth
of each employee
7.3.6 Attendance
register
7.3.7 Letters of
appointment
7.4 Personnel
Records
7.4.1 Personal
records provided by
personnel
7.4.2 Conditions of
employment
7.5 Taxation
7.5.1 Copies of all
income tax returns
and other tax
returns and
documents
7.6 Insurance
7.6.1 Insurance
policies
7.6.2 Claim records
7.6.3 Details of
insurance coverage
limits and insurers
7.7 Information
Technology
7.7.1 Hardware
7.7.2 Operating
systems
7.7.3 Telephone
lines
7.7.4 Software
packages
7.8 Marketing
Records
7.9 Internal
Correspondence
7.10 Product Records
8. GROUNDS FOR
REFUSAL OF ACCESS TO
RECORDS IN TERMS OF
SECTIONS 62 TO 69 OF
THE ACT
Access to a record
will or may be
refused on one or
more of the
following grounds:
8.1 Mandatory
protection of the
privacy of a third
party who is a
natural person, if
such disclosure
would involve the
unreasonable
disclosure of
personal information
about
a third party,
including a deceased
individual, subject
to the provisions of
section 63 (2).
8.2 Mandatory
protection of the
commercial
information of a
third party, if the
record
contains:
8.2.1 Trade secrets
of that party
8.2.2 Financial,
commercial,
scientific or
technical
information which
disclosure could
likely cause harm to
the financial or
commercial interest
of that third party.
8.2.3 Information
disclosed in
confidence by a
third party, if the
disclosure could put
that
third party at a
disadvantage in
negotiations or
commercial
competition.
8.2.4 Mandatory
protection of
confidential
information of third
parties if it is
protected in
terms of any
agreement.
8.3 Mandatory
protection of the
safety of
individuals and the
protection of
property,
where such
disclosure could
endanger the life or
physical safety of
an individual, or
prejudice or impair
the security of:
(a) a building,
structure or any
system
(b) a means of
transport, or
(c) any other
property
8.4 Mandatory
protection of
records, which would
be regarded as
privileged from
production in legal
proceedings.
8.5 Commercial
information of
private body, in
that a request for
access to a record
may be refused if
the record contains;
8.5.1 trade secrets,
financial,
commercial,
scientific or
technical
information of the
institution, which
disclosure, could
likely cause harm to
the financial or
commercial
interest of the
institution.
8.5.2 Information
which, if disclosed
could prejudice or
put the institution
at a
disadvantage in
negotiations or
commercial
competition.
8.5.3 A computer
program which is
owned by the
institution and
which is protected
by
copyright.
8.6 Mandatory
protection of
research information
of the institution.
A request will be
refused if this
disclosure would
disclose the
identity of the
institution, the
researcher or the
subject matter of
the research and
would place the
researcher at a
serious
disadvantage.
8.7 Requests for
information that are
clearly frivolous or
vexatious or which
involved an
unreasonable
diversion of
resources shall be
refused.
9. HOW A PERSON MUST
GO ABOUT ASKING FOR
RECORDS
9.1 Request
procedure
A “requester” is any
person making a
request for access
to records of
Affinity Data Vault
(PTY) LTD
hereafter known as
“the company”. The
“requester” must
comply
with all the
procedural
requirements
contained in the Act
relating to the
request for access
to records. The
“requester” must
complete the
prescribed form
enclosed herewith in
Annexure “A” and
submit the same as
well as payment of
the request fee and
a deposit, if
applicable, to the
Information Officer
at the postal or
physical, fax or
electronic mail
address as stated
above. The
prescribed form must
be filled in with
sufficient
particulars
to at least enable
the Information
Officer to identify:
9.1.1 The record or
records requested
9.1.2 The identity
of the “requester”
9.1.3 Which form of
access is required,
if the request is
granted.
9.1.4 The postal
address, telephone
number and fax
number of
the “requester”.
9.1.5 The
“requester” must
state that he/she
requires the
information to
exercise or
protect her/his
right and clearly
state what the
nature of the right
is to be exercised
or
protected. In
addition, the
“requester” must
clearly specify why
the records are
necessary
to exercise or
protect such a
right.
9.1.6 “The company”
will process the
request within 30
days after the
request has been
received.
9.1.7 The
“requester” shall be
informed whether the
access has been
granted or denied.
If, in addition, the
“requester” requires
the reasons for the
decision in any
other manner,
he/she must state
the manner of the
particulars so
required. 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 a request to
the reasonable
satisfaction of the
Information
Officer and also the
ground upon which
that person is
making the request.
9.1.8 If an
individual is unable
to complete the
prescribed form
because of
illiteracy or
disability, such
person may make the
request orally.
9.1.9 The
“requester” must pay
the prescribed fee,
before any further
processing can take
place.
10. FEES
10.1 The Act
provides for two
types of fees,
namely:
a) A request fee,
which will be a
standard fee and;
b) An access fee,
which must be
calculated by taking
into account
reproduction costs,
search and
preparation time and
costs, as well as
postal costs.
10.2 When the
request is received
by the Information
Officer, such
officer shall by
notice
require the
“requester” to pay
the prescribed
request fee before
further processing
of the
request.
10.3 If the search
for the record has
been made and the
preparation of the
record for
disclosure including
arrangements to make
it available in the
request form,
requires more
than the hours
prescribed in the
regulations for this
purpose, the
Information Officer
shall
notify the
“requester” to pay
as a deposit the
prescribed portion
of the access fee
which
would be payable if
the request is
granted.
10.4 The Information
Officer shall
withhold the record
until the
“requester” has paid
the
fees as indicated in
Annexure “B” hereto.
10.5 A “requester”
whose request for
access to a record
has been granted,
must pay an
access fee for
reproduction and for
search and
preparation, and for
any time reasonably
required in excess
of the prescribed
hours to search for
and prepare the
records for
disclosure including
making arrangements
to make it available
in the request form.
10.6 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” with
interest
at the prescribed
rate.
11. REMEDIES
AVAILABLE WHEN THE
COMPANY REFUSES
REQUEST
FOR INFORMATION
11.1 Internal
Remedies
The company does not
have an internal
appeal procedure. As
such, the decision
made by
the Information
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 Information
Officer.
11.2 External
Remedies
A requester that is
dissatisfied with an
Information
Officer’s refusal to
disclose
information, may
within 30 of
notification of the
decision, apply to a
Court for relief.
Likewise, a third
party dissatisfied
with an Information
Officer’s decision
to grant a request
for information, may
within 30 of
notification of the
decision, apply to a
Court for relief.
11.3 Decision
The company will,
within 30 days of
receipt of the
request, decide
whether to grant or
to
decline the request
and give notice with
reasons, if
required, to that
effect. The
thirty-day
period within which
the company has to
decide whether to
grant or refuse the
request,
may be extended for
a further period of
not more than 30
days if the request
is for a vast
amount of
information, or the
request requires a
search for
information held at
another
office of AFFINITY
DATA VAULT (PTY) LTD
and the information
cannot reasonably be
obtained within the
original 30 day
period. The company
will notify the
requester in writing
should an extension
be sought.
11.4 Decision making
process
In terms of Section
54 of the Act, if
all reasonable steps
have been taken to
find the
record requested and
there are reasonable
grounds to believe
that the record is
in
possession of
AFFINITY DATA VAULT
(PTY) LTD, but
cannot be found, and
if it does not
exist, then the
Information Officer
must notify by way
of affidavit or
affirmation, the
requester that it is
not possible to give
access to that
record. If after
notice is given, the
record in question
is found, the
requester must be
given access thereto
unless the ground
for the refusal of
access exists.
If the request is
declined for any
reason the notice
must include
adequate reasons for
the
decision, together
with the relevant
provisions of the
Act relied upon and
provide the
procedure to be
followed should the
requester wish
appeal the decision.
Section 59
provides that the
Information Officer
may sever a record
and grant access
only to that
portion which the
law does not
prohibit access to.
12. THIRD PARTIES
If the request is
for the record
pertaining to the
third party, the
Information Officer
must
take all reasonable
steps to inform the
third party of the
request. This must
be done within
21 days of receipt
of the request. The
manner in which this
is done must be by
the fastest
means reasonably
possible, but if
orally, the
Information Officer
must thereafter give
the
third party a
written confirmation
of the notification.
The third party may
within 21 days
thereafter either
make representation
to the company as to
why the request
should be
refused,
alternatively grant
written consent to
the disclosure of
the record. The
third party
must be advised of
the decision taken
by the Information
Officer on whether
to grant or to
decline the request
and must also be
advised of his/her
right to appeal
against the
decision by way of
application to Court
within 30 days after
the notice.
13. AVAILABILITY OF
THIS MANUAL
This manual is
available for
inspection at the
offices of AFFINITY
DATA VAULT (PTY) LTD
as set out above
free of charge.
Copies of the manual
may be obtained,
subject to
payment of the
prescribed fee at
the offices of
AFFINITY DATA VAULT
(PTY) LTD above.
The manual can also
be accessed on the
website of AFFINITY
DATA VAULT (PTY) LTD
at
www.affinitydata.co.za
Annexure A
REQUEST FOR ACCESS
TO RECORD OF PRIVATE
BODY
(Company name)
Section 53(1) of the
Promotion of Access
to Information Act,
2000 (Act No 2 of
2000)
A. PARTICULARS OF
PRIVATE BODY
The Head:
___________________________________________________________
___________________________________________________________
___________________________________________________________
B. PARTICULARS OF
PERSON REQUESTING
ACCESS TO THE RECORD
(a) The particulars
of the person who
requests access to
the records must be
recorded
below.
(b) Furnish an
address and/or fax
number in the
Republic to which
information must be
sent.
(c) Proof of the
capacity in which
the request is made,
if applicable, must
be attached.
Full Name and
Surname:
___________________________________________________________
___________________________________________________________
Identity Number:
___________________________________________________________
Postal Address:
___________________________________________________________
Telephone Number: (
)
_____________________________________
Fax Number: ( )
___________________________________________
E-mail Address:
______________________________________________
Capacity in which
request is made,
when made on behalf
of another person:
___________________________________________________________
C. PARTICULARS OF
PERSON ON WHOSE
BEHALF REQUEST IS
MADE:
This section must be
completed only if a
request for
information is made
on behalf of
another person.
Full Names and
Surname:
__________________________________________________________
___________________________________________________________
Identity Number:
D. PARTICULARS OF
RECORD:
(a) Provide full
particulars of the
record to which
access is requested,
including the
reference number if
that is known to
you, to enable the
record to be
located.
(b) If the provided
space is inadequate
please continue on a
separate folio and
attach it to
this form.
The requester must
sign all the
additional folios.
Description of
record or relevant
part of the record:
___________________________________________________________
___________________________________________________________
___________________________________________________________
Reference number, if
available:
___________________________________________________________
Any further
particulars of
record:
___________________________________________________________
___________________________________________________________
E. FEES
(a) A request for
access to a record,
other than a record
containing personal
information
about yourself, will
be processed only
after a request fee
has been paid.
(b) You will be
notified of the
amount required to
be paid.
(c) The fee payable
for access to a
record depends on
the form in which
access is
required and the
reasonable time
required to search
for and prepare a
record.
(d) If you qualify
for exemption of the
payment of any fee,
please state the
reason
therefore.
Reason for exemption
from payment of
fees:
___________________________________________________________
___________________________________________________________
F. FORM OF ACCESS TO
RECORD
If you are prevented
by a disability from
reading, viewing or
listening to the
record in the
form of access
provided for in 1 to
4 hereunder, state
your disability and
indicate in which
form the record is
required.
Disability:
___________________________
___________________________
___________________________
Form in which record
is required:
_______________________________
_______________________________
_______________________________
Mark the appropriate
box with an “X”
NOTES:
(a) Your indication
as to the required
form of access
depends on the form
in which the
record is available.
(b) Access in the
form requested may
be refused in
certain
circumstances. In
such a case
you will be informed
if access will be
granted in another
form.
(c) The fee payable
for access to the
record, if any, will
be determined partly
by the form
in which access is
requested.
1. If the record is
in written or
printed form:
Copy of record*
Inspection of record
2. If record
consists of visual
images:
(this includes
photographs, slides,
video recordings,
computer generated
images,
sketches, etc.) View
the images Copy of
the images*
Transcription of the
images*
3. If record
consists of recorded
words or information
which can be
reproduced in
sound:
Listen to the
soundtrack (audio
cassette)
Transcription of
soundtrack* (written
or printed
document)
4. If record is held
on computer or in an
electronic or
machine readable
form:
Printed copy of
record
Printed copy of
information derived
from the record*
Copy in computer
readable form* (stiffy
or compact disc)
* If you requested a
copy or
transcription of a
record (above), do
you wish for a copy
or
transcription to be
posted to you?
A postal fee is
payable.
YES NO
G. PARTICULARS OF
RIGHT TO BE
EXERCISED OR
PROTECTED:
If the provided
space is inadequate
please continue on a
separate folio and
attach it to
this form.
The requester must
sign all the
additional folios.
Indicate which right
is to be exercised
or protected:
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
Explain why the
requested record is
required for the
exercising or
protection of the
aforementioned
right:
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
H. NOTICE OF
DECISION REGARDING
REQUEST FOR ACCESS:
You will be notified
in writing whether
your request has
been approved /
denied. If you
wish to be informed
thereof in another
manner, please
specify the manner
and provide
the necessary
particulars to
enable compliance
with your request.
How would you prefer
to be informed of
the decision
regarding your
request for access
to
the record?
___________________________________________________________
___________________________________________________________
Signed at
__________________
this _______ day of
________________20___.
_____________________________________
SIGNATURE OF
REQUESTER/PERSON ON
WHOSE BEHALF REQUEST
IS MADE
Annexure B
FEES IN RESPECT OF
PRIVATE BODIES
1. The fee for a
copy of this manual
is R1.10 for every
photocopy of an A4
size page or
part thereof.
2. Where a private
body has voluntarily
provided the
Minister with a list
of categories of
records that will
automatically be
made available to
any person
requesting access
thereto, the only
charge that may be
levied for obtaining
such records, will
be a fee for
reproduction of the
record in question.
These fees for
reproduction are as
follows:
a) For every
photocopy of an A4
size page or part
thereof: R1.10
b) For every printed
copy of an A4 size
page or part thereof
held on a computer
or in
electronic or
machine readable
form: R0.75
c) For a copy in a
computer readable
form on –
i) stiffy disc R
7.50
ii) compact disc
R70.00
d) i) For a
transcription of
visual images for an
A4 size page or part
thereof: R40.00
ii) For a copy of
visual images R60.00
e) i) For a
transcription of an
audio record, for an
A4 size page or part
thereof R20.00
ii) For a copy of an
audio record R30.00
3. The request fee
payable by a
requester, other
than a personal
requester is R50.00
4. The access fee
payable by a
requester is as
follows:
a) For every
photocopy of an A4
page or part thereof
R1.10
c) For every printed
copy of an A4 size
page or part thereof
held on a computer
or in
electronic machine
readable form R0.75
c) For a copy in a
computer readable
form on -
i) stiffy disc R
7.50
ii) compact disc
R70.00
d) i) For a
transcription of
visual images for an
A4 size page or part
thereof R40.00
ii) For a copy of
visual images
e) i) For a
transcription of an
audio record for an
A4 size page or part
thereof R20.00
ii) For a copy of an
audio record R30.00
f) To search for and
prepare a record
that must be
disclosed, for each
hour or part of an
hour reasonably
required for such
search and
preparation. R30.00
5. Where a private
body receives a
request for access
to information held
on a person
other than the
requester
himself/herself and
the information
officer upon receipt
of the
request is of the
opinion that the
preparation of the
required record for
disclosure will take
more than 6 (six)
hours, a deposit is
payable by the
requester. One third
of the access
fee is payable as a
deposit by the
requester.
6. The actual
postage is payable
when a copy of a
record must be
posted to a
requester. |
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