3. Guide of human rights commission / information regulator

A guide to the Act (as contemplated under section 10 of the Act) is available from the South African Human Rights Commission. The Act grants a requester access to records of a private body if the record is required for the exercise or protection of any right/s. If a public body lodges a request, it must be acting in the public interest. The guide contains such information as may reasonably be required by a person who wishes to exercise any right contemplated in the Act.

Any enquiries regarding this guide and its contents should be directed to:

The South African Human Rights Commission:

PAIA Unit

Telephone: +27 11 877 3608

Website: www.sahrc.org.za

Dr. Shanelle Van Der Berg – svanderberg@sahrc.org.za

Tshepang Sebulela – tsebulela@sahrc.org.za

Alternatively, its successor, 

The Information Regulator (South Africa)

JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001 inforeg@justice.gov.za

4. Access to records held by the company

Records held by the Company may be accessed on request only once the requirements for access have been met. A requester is any person making a request for access to a record of the Company and in this regard, the Act distinguishes between two types of requesters:

Personal Requester

A personal requester is a requester who is seeking access to a record containing personal information about the requester. Subject to the provisions of the Act and applicable law, the Company will provide the requested information, or give access to any record with regard to the requester’s personal information. The prescribed fee for reproduction of the information requested will be charged by the Company.

Other Requester

This requester (other than a personal requester) is entitled to request access to information pertaining to third parties. However, the Company is not obliged to grant access prior to the requester fulfilling the requirements for access in terms of the Act. The prescribed fee for reproduction of the information requested will be charged by the Company.

Request Procedure

A requester must comply with all the procedural requirements contained in the Act relating to a request for access to a record. A requester must complete the prescribed form enclosed herewith in Appendix 1 and submit same as well as payment of a request fee and a deposit, if applicable to the information officer at the postal or physical address or electronic mail address stated herein. The prescribed form must be filled in with enough details to at least enable the information officer to identify:

• The record or records requested;
• The identity of the requester.
• What form of access is required; and
• The postal address or email address of the requester.

A requester must state that he or 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. The requester must also provide an explanation of why the requested record is required for the exercise or protection of that right.

The Company will process a request within 30 days, unless the requestor has stated special reasons which would satisfy the information officer that circumstances dictate that this time period not be complied with.

The requester shall be informed in writing as to whether access has been granted or denied. If, in addition, the requester requires the reasons for the decision in any other manner, he or she must state the manner and the particulars so required. If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the information officer.

If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally to the information officer.

Decision

The Company will, within 30 days of receipt of a request, decide whether to grant or decline a request and give notice with reasons (if required) to that effect. The 30-day period within which the Company has to decide whether to grant or refuse a request, may be extended for a further period of not more than 30 days if the request is for a large quantity of information, or the request requires a search for information held at another office of the Company (other than the head office) and the information cannot reasonably be obtained within the original 30 (thirty) day period. The information officer will notify the requester in writing should an extension be necessary.

5. Fees

The Act provides for two types of fees:

• A request fee,(a standard administration fee), which is paid by all requesters, (except for personal requesters), must be paid before the request can be considered. This fee is non-refundable; and
• An access fee, which is paid by all requesters after the request for access has been granted.  This fee is calculated by taking into account reproduction costs, search and preparation time and cost, as well as postal costs where applicable.

If a search for the record is necessary and the preparation of the record for disclosure, including arrangement to make it available in the requested 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.

The information officer shall withhold a record until the requester has paid the fee or fees as indicated. 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 record for disclosure including making arrangements to make it available in the request form. If a deposit has been paid in respect of a request for access, which is refused, then the information officer shall repay the deposit to the requester.

6.Categories of records held by the company: section 51(1)(E)

Companies Act Records

• Documents of incorporation
• Memorandum of incorporation
• Minutes of board of directors’ meetings
• Records relating to the appointment of directors / auditor / secretary / public officer and other officers
• Share register and other statutory registers

Financial Records

• Annual Financial Statements
• Tax Returns
• Accounting Records
• Banking Records
• Bank Statements
• Electronic banking records
• Asset Register
• Rental Agreements
• Invoices

Tax Records

• PAYE Records
• Documents issued to employees for income tax purposes – Records of payments made to SARS on behalf of employees –    All other statutory compliances:
• VAT
• Skills Development Levies
• UIF
• Workmen’s Compensation

Personnel Documents and Records

• Employment contracts
• Employment Equity Plan (if applicable)
• Disciplinary records
• Salary records
• Disciplinary code
• Leave records
• Training records
• Training Manuals

Consumer records (if hosted on behalf of a client)

• Names/surnames
• Identity number
• Mobile number

7.    Processing of personal information

Purpose of Processing

The Company uses the Personal Information under its care in the following ways:

• Rendering service according to instructions given by clients
• Staff administration
• Keeping of accounts and records
• Complying with tax laws

Categories of Data Subjects and their Personal Information

The Company may possess records relating to suppliers, shareholders, contractors service providers, staff and clients: