| 1.
Introduction |
|
| The
Promotion of Access to Information 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. |
|
| Specifically,
section 51(1) of the Act provides that within six
months after the commencement of this section (now
the 31st August 2005) or within six months after
coming into existence of the private body concerned,
the head of a private body must compile a manual
that must contain information regarding the subjects
and categories of records held by such private
bodies. |
|
| In
this context, a “private body” is defined as any
natural person who carries or has carried on any
trade, business or profession, but only in such
capacity or any partnership, which carries or has
carried on any trade, business or profession or any
former or existing juristic person (e.g. any
company, close corporation or business trust). |
|
| Isisango Convention Centre (Pty) Ltd falls
within the definition of a “private body” and
this Manual has been compiled in accordance with the
said provisions and to fulfill the requirements of
the Act. |
|
| In
terms of the Act, where a request for information is
made to a body, there is an obligation to provide
the information, except where the Act expressly
provides that the information may not be released.
In this context, Section 9 of the Act recognizes
that access to information can be limited. The
limitation relates to circumstances where such
release would pose a threat to the protection of
privacy, commercial confidentiality, and the
exercising of efficient governance. |
|
| Accordingly, this manual provides a reference to the records held
by Isisango Convention Centre
(Pty) Ltd and the process
that needs to be adopted to access such records. |
|
| All
requests for access to information (other than
information that is available to the public) must be
addressed to the Information Officer named in
section 2 of this Manual. |
| |
| 2.
Business and Contact Details |
|
| Name
of Business: |
Isisango
Convention Centre (Pty) Ltd |
| Nature
of business: |
Hireing
out of conference and convention facilities |
| Head
of Business: |
R.
van Ballegooyen |
| Position: |
Director |
| Postal
Address: |
P.O.
Box 7679, Halfwayhouse, 1685 |
| Street
address: |
206
Rosies Place, Glen Austin, Midrand |
| Phone
Number: |
011 -
2377800 |
| Fax
Number: |
011 -
2377815 |
| Email
Address: |
info@isisango.co.za |
| Website
if applicable: |
www.isisango.co.za |
| |
| 3.
Manual and Guidelines |
|
| Section 10 of the Act provides that the South African Human
Rights Commission must compile simple and easily
comprehensible guidelines on how to use the
Promotion of Access to Information Act. This Guide
can be found at the following URL: |
|
| http://www.sahrc.org.za/sahrc_cms/publish/cat_index_40.shtml#11 |
|
| Any
enquires relating to this guide should be directed
to the Chief Executive Officer of the South African
Human Rights Commission, Private Bag 2700, Houghton,
2041. Telephone (011) 484 8300 or Fax (011) 484
1360. |
|
| Copies of the Guide are also available at the following places: |
|
| The office of the Government Communications and Information
Services; |
| Library of Parliament, Cape Town; |
| The South African Library, Cape Town; |
| Natal Society Library, Pietermaritzburg; |
| The State Library in Pretoria; |
| City Library Services, Bloemfontein; |
| The National Film, Video and Sound Archives, Pretoria; |
| Every Tertiary Education Institution established by or under any
law. |
|
| Copies of the Guide are also available in all official languages
at the following offices: |
|
| All offices of public bodies; |
| All Magistrates’ Offices; |
| All offices of the Department of Justice and Constitutional
Development; |
| All Post Offices; |
|
| The Guide is also available at all offices and on the website of
the South African |
| Human Rights Commission,
(http://www.sahrc.org.za/). |
| |
| 4.
Records available in terms of Section 52(2) of the
Act |
|
| Not applicable. |
| |
| 5.
Records that are held at the offices of the business |
|
| The following is a list of records that are held at the
business’s office: |
|
| Administration: |
|
| Attendance registers |
| Correspondence |
| Founding Documents |
| Licenses (categories) |
| Minutes of Management
Meetings |
| Minutes of Staff Meetings |
|
| Human Resources: |
|
| Conditions of Service |
| Employee Records |
| Employment Contracts |
| Employment Equity Records |
| General Correspondence |
| Industrial and
Labour Relations Records. |
| Information
relating to Health and Safety Regulations |
| Pension and Provident
Fund Records |
| Performance Appraisals |
| Personnel
Guidelines, Policies and Procedures |
| Remuneration Records
and Policies |
| Salary Surveys |
| Skills Requirements |
| Staff Recruitment Policies |
| Statutory Records |
| Training Records |
|
| Operations: |
|
| Brochures on Company
Information |
| Client and Customer
Registry |
| Contracts |
| General Correspondence |
| Information
relating to Employee Sales Performance |
| Information
relating to Work-In-Progress |
| Marketing and Future
Strategies |
| Marketing Records |
| Production Records |
| Sales Records |
| Suppliers’ Registry |
|
| Finances: |
|
| Annual Financial Statements |
| Asset Register |
| Banking Records |
| Budgets |
| Contracts |
| Financial Transactions |
| General Correspondence |
| Insurance Information |
| Internal Audit Records |
| Management Accounts |
| Purchase and Order
Information |
| Stock Records |
| Tax Records (company
and employee) |
|
| Information Technology: |
|
| IT Policies and Procedures |
| Network Diagrams |
| User Manuals |
|
| Statutory Records. At present these include records (if any) held
in terms of: |
|
| Administration
of Estates Act 66 of 1965 |
| Arbitration Act 42 of 1965 |
| Basic
Conditions of Employment 75 of 1997 |
| Companies Act 61 of 1973 |
| Compensation
for Occupational Injuries and Health Diseases Act
130 of 1993 |
| Consumer
Affairs (Unfair Business Practices) Act 71 of 1988 |
| Copyright Act 98 of 1978 |
| Credit Agreements Act
75 of 1980 |
| Currency and
Exchanges Act 9 of 1933 |
| Debtor Collectors Act
114 of 1998 |
| Employment Equity Act
55 of 1998 |
| Finance Act 35 of 2000 |
| Financial
Advisory and Intermediary Services Act 37 of 2002 |
| Financial
Intelligence Centre Act 38 of 2001 |
| Financial
Services Board Act 97 of 1990 |
| Financial Relations
Act 65 of 1976 |
| Harmful
Business Practices Act 23 of 1999 |
| Income Tax Act 95 of 1967 |
| Intellectual
Property Laws Amendments Act 38 of 1997 |
| Labour Relations Act 66
of 1995 |
| Long Term Insurance
Act 52 of 1998 |
| Medical Schemes Act 131
of 1998 |
| Occupational
Health & Safety Act 85 of 1993 |
| Pension Funds Act 24 of
1956 |
| Post Office Act 44 of 1958 |
| Protection of
Businesses Act 99 of 1978 |
| Regional
Services Councils Act 109 of 1985 |
| SA Reserve Bank Act 90 of
1989 |
| Short Term Insurance
Act 53 of 1998 |
| Skills
Development Levies Act 9 of 1999 |
| Skills Development Act
97 of 1998 |
| Stamp Duties Act 77 of 1968 |
| Stock Exchange
Control Act 1 of 1985 |
| Tax on Retirement
Funds Act 38 of 1996 |
| Trade Marks Act 194 of 1993 |
| Unemployment
Contributions Act 4 of 2002 |
| Unemployment
Insurance Act 63 of 2001 |
| Usury Act No 73 of 1968 |
| Value Added Tax Act 89 of
1991 |
| |
| 6.
Information Request Procedure |
|
| All
requests for access to any record must be done
formally either via conventional mail, by e-mail or
by fax. |
| This
request must be in the prescribed format as defined
in Form C of Annexure B as identified in Government |
| Notice
Number 187, Regulation 6. A request form is
available from our offices or at
http://www.accesstoinfo.co.za/ |
| The
request form must be completed as follows: |
| Type
or print in BLOCK LETTERS and answer every question. |
| If
an answer does not apply, state “N/A” in
response to that question. |
| If
there is nothing to disclose in reply to a
particular question, state “nil” in response to
that question |
| If
there is insufficient space on a printed form in
which to answer a question, additional information
may be provided on a separate page that is clearly
marked and referenced. |
| The
prescribed request fee must be attached. |
|
| We
will respond to your request within 30 days of
receiving the request by indicating whether your
request for access has been granted or denied. |
|
| Please
note that the successful completion and submission
of a request for access form does not automatically
allow the requestor access to the requested record. |
|
| Access will be granted to a record if the following criteria are
fulfilled: |
|
| The
record is required for the exercise or protection of
any right; and |
| The
requestor complies with the procedural requirements
set out in the Act relating to a request; and |
| Access
to the record is not refused in terms of any ground
for refusal as contemplated in Chapter 4 of Part 3
of the Act. |
| |
| 7.
Denial of access |
|
| Access to any record may be refused under certain limited
circumstances. These include: |
|
| The
protection of personal information from unreasonable
disclosure concerning any natural person; |
| The
protection of commercial information held concerning
any third party (for example trade secrets); |
| The
protection of financial, commercial, scientific or
technical information that may harm the commercial
or financial interests of any third party; |
| Disclosures
that would result in a breach of a duty of
confidence owed to a third party; |
| Disclosures
that would jeopardize the safety or life of an
individual; |
| Disclosures
that would prejudice or impair the security of
property or means of transport; |
| Disclosures
that would prejudice or impair the protection of a
person in accordance with a witness protection
scheme; |
| Disclosures
that would prejudice or impair the protection of the
safety of the public; |
| Disclosures
that are privileged from production in legal
proceedings unless the privilege has been waived; |
| Disclosures
of details of any computer programme; |
| Disclosures that will put Isisango Convention
Centre (Pty) Ltd at a
disadvantage in contractual or other negotiations or
prejudice it in commercial competition; |
| Disclosures of any record containing any trade secrets,
financial, commercial, scientific, or technical
information that would harm the commercial or
financial interests of Isisango
Convention Centre (Pty) Ltd. |
| Disclosures
of any record containing information about research
and development being carried out or about to be
carried out by Isisango
Convention Centre (Pty) Ltd. |
|
| If access to a record or any other relevant information is
denied, our response will include: |
|
| Adequate reasons
for the refusal; and |
| Notice
that you may lodge an application with the court
against the refusal and the procedure including
details of the period for lodging the application. |
| |
| 8.
Fees |
|
| The applicable fees are prescribed in terms of the Regulations
promulgated under the Act. |
|
| There are two basic types of fees payable in terms of the Act. |
|
| Request Fee |
| The
non-refundable request fee of R 50 (excluding VAT)
is payable on submission of any request for access
to any record. This does not apply if the request is
for personal records of the requestor. No fee is
payable in such circumstances. |
|
| Access Fee |
| The
access fee is payable prior to being permitted
access to the records in the required form. The
applicable fees are prescribed in terms of Part III
of Annexure A as identified in Government Notice
Number 187, Regulation 11. |
| |
| 9.
Manual Availability |
|
| This Manual is available at the offices of the South African
Human Rights Commission or
http://www.accesstoinfo.co.za/. Copies may also be
obtained from the Head of Business of Isisango
Convention Centre (Pty) Ltd. |
|
| If
hard copies are required, any transmission costs or
postage will be for the account of the requester. |
| |
