GAP MANAGEMENT ACCESS TO INFORMATION MANUAL PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000

Transcription

1 GAP MANAGEMENT ACCESS TO INFORMATION MANUAL PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF Purpose of this manual The purpose of this manual is to assist people wishing to access information held by GAP Management in terms of the Promotion Of Access To Information Act 2 Of Availability of the Promotion Of Access To Information Act 2 Of 2000 The manual is described in Section 10 of the Promotion Of Access To Information Act 2 Of Please direct any enquiries to: The South African Human Rights Commission: PAIA Unit The Research and Documentation Department Private Bag 2700 Houghton 2041 Telephone: Fax: Website: paia@sahrc.org.za

2 3. Terms used in this document 3.1. "Customer" and, or, "customers" refers to any natural or juristic entity that receives services from GAP Management; 3.2. "PAIA" refers to the Promotion Of Access To Information Act 2 Of 2000; 3.3. Personnel and, or, employee and, or, employees and, or, official and, or, officials 3.4. Requestor and, or, requestors 3.5. Republic 4. Background of GAP Management The nature of business conducted by GAP Management relates to the management of properties inclusive of, but not limited to, the administration, maintenance and securing of properties. 5. Organisation Details 5.1. Name: GAP Management 5.2. Physical Address: 96 Third Avenue, Newton Park, Port Elizabeth, Postal Address: 96 Third Avenue, Newton Park, Port Elizabeth, Telephone Number: Fax Number: Address: info@gapmanagement.co.za

3 5.7. Website Address: 6. Details of the Information Officer 6.1. Name: André Ollphent 6.2. Capacity: Chief Executive Officer Address: 6.4. Telephone Number: Fax Number: Records available in terms of other legislation 7.1. Arbitration Act 42 of Basic Conditions of Employment Act 75 of Compensation for Occupational Injuries and Diseases Act 130 of Consumer Protection Act 68 of Copyright Act 61 of Electronic Communications and Transactions Act 25 of Employment Equity Act 55 of Income Tax Act 58 of Intellectual Property Laws Amendments Act 38 of 1997

4 7.10. Labour Relations Act 66 of Occupational Health and Safety Act 85 of Protection of Businesses Act 99 of Skills Development Act 97 of The Constitution of the Republic of South Africa Trade Marks Act 194 of Unemployment Insurance Act 63 of Value Added Tax Act 89 of Records held by GAP Management 8.1. Administration Customer records Documents of incorporation Memorandum and Articles of Association 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 8.2. Financial Accounting records Annual financial statements Asset register Banking records Bank statements Documents issued to employees for income tax purposes Electronic banking records

5 Invoices Tax Returns PAYE records Paid cheques Records of payments made to SARS on behalf of employees Rental agreements UIF VAT Workmen s compensation 8.3. Human Resources Basic conditions of service Code of conduct Disciplinary code Disciplinary records Employment contracts Employment equity plan General internal policies Leave records SETA records Salary records Training manuals Training records 8.4. Information Systems & Technology Databases relating to all business activities Digital copies of source documents Emergency recovery plan Information systems & technology asset register Information systems & technology user policy PAIA manual

6 8.5. Operations Customer instructions Customer asset recordings Customer asset photos Customer correspondence Operational instructions 9. Request for access to information 9.1. Requests for access to records held by the GAP Management must be made on the request form as reflected in Annexure A herein. Not using this form could cause the request to be refused or delayed Completed requests for access to records must be made to the Information Officer using the contact methods provided herein. Submitted requests need to be accompanied by proof of payment in accordance with the prescribed fees as reflected herein The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester The requester must also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of GAP Management's Information Officer.

7 9.7. Note that all requests submitted to GAP Management will be evaluated and considered in accordance with the PAIA and other applicable legislation depending on the nature of the request. Publication of this manual and describing the categories and subject matter of information held by GAP Management does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of relevant legislation. 10. Refusal of access to information Submitted requests to access information may be refused based upon the following or as motivated by GAP Management s Information Officer: Mandatory protection of privacy of a third party who is a natural person Mandatory protection of certain records of South African Revenue Service Mandatory protection of commercial information of a third party Mandatory protection of certain confidential information, and protection of certain other confidential information of a third party Mandatory protection of safety of individuals and protection of property Mandatory protection of police dockets in bail proceedings, and protection of law enforcement and legal proceedings Mandatory protection of record privileged from production in legal proceedings Defence, security and international relations of the Republic Economic interests and financial welfare of the Republic and commercial activities of public bodies

8 Mandatory protection of research information of a third party, and protection of research information of a public body Manifestly frivolous or vexatious requests, or substantial and unreasonable diversion of resources Mandatory disclosure in the public interest Commercial information of a private body 11. Fees A photocopy of an A4-size page or part ZAR 1, A printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable ZAR 1, A photocopy of an A3-size page or part ZAR 2, A printed copy of an A3-size page or part thereof held on a computer or in electronic or machine readable ZAR 2, A copy in a computer-readable form on compact ZAR 70, A transcription of visual images, for an A4-size page or part ZAR 40, A copy of visual ZAR 60, A transcription of an audio record, for an A4-size page or part ZAR 20,00

9 12. Maintenance of manual GAP Management reserves the right to apply changes to this manual as and when required without prior notification Change control DATE DESCRIPTION Draft policy published for approval by Directors and Auditors. Policy implementation. POPIA facilitation update published.

10 GAP MANAGEMENT REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY (Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) [Regulation 10] A. Private Body Particulars Name Information Officer Postal Address GAP Management André Ollphent 96 Third Avenue Newton Park Port Elizabeth 6045 Telephone Number Fax Number Address info@gapmanagement.co.za

11 B. Requesting Party Particulars Full Names & Surname Identification Number Postal Address Telephone Number Fax Number Address C. Particulars Of Entity On Whose Behalf Request Is Made Full Names & Surname Identification Number

12 D. Requested Record Particulars Description of record required or any relevant part thereof: Reference Number: Other Particulars: Relation To Required Record: E. Fees Description Cost (ZAR) Select (X) A photocopy of an A4-size page or part thereof 1,10 A printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form 1,10 A photocopy of an A3-size page or part thereof 2,20 A printed copy of an A3-size page or part thereof held on a computer or in electronic or machine readable form A copy in a computer-readable form on compact disc A transcription of visual images, for an A4-size page or part thereof 2,20 70,00 20,00 A copy of visual images 40,00 A transcription of an audio record, for an A4-size page or part thereof 60,00

13 a. All prices above are based upon single unit b. All prices above are exclusive of VAT c. All prices above are reflected in the South African Rand monetary unit F. Particulars of right to be exercised or protected Which right is to be exercised or protected: Why is the record requested for the exercise or protection of the aforementioned right: Name: Date: Signature

14 REQUEST FOR ACCESS TO RECORD RESULT (INTERNAL USE) Information Officer: Date: Accepted Rejected Motivate Result: Was record released? Release Date: Completion Date: Information Officer Signature