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ARBUTHNOT PROJECTS CC
SECTION 51 MANUAL
PROMOTION OF ACCESS TO INFORMATION ACT
ARBUTHNOT PROJECTS CC
SECTION 51 MANUAL
PROMOTION OF ACCESS TO INFORMATION ACT
CONTENTS:
A. INTRODUCTION 3
B. PARTICULARS IN TERMS OF SECTION 51 OF THE ACT 3
1. Contact Details [Section 51(1)(a) 3
2. The guide as described in section 10 of the Act [Section 51(1)(b)]
3
3. Categories of records which are available without a person having
to request access in terms of the Act, ie voluntary disclosure. [Section
51(1)(c)] 3
4. Records available in terms of other legislation [Section 51(1)(d)]
4
5. How to request a record, a description of the subjects on which we
hold records, and the categories of records held on each subject [Section
51(1)(e)] 4
6. Other information as may be prescribed [Section 51(1)(f)] 7
7. Availability of the manual. [Section 51(3)] 7
ANNEXURE 1 8
ANNEXURE 2 11
PROMOTION OF ACCESS TO INFORMATION ACT,
ACT 2 OF 2000 (“The Act”)MANUAL IN TERMS OF SECTION 51 OF
THE ACT FOR
ARBUTHNOT PROJECTS CC
A. INTRODUCTION
Arbuthnot Projects CC carries on the following business:
Construction
B. PARTICULARS IN TERMS OF SECTION 51 OF THE ACT
The reference, in this Manual, to any information in addition to that
specifically required in terms of Section 51 of the Act does not create
any right or entitlement (contractual or otherwise) to receive such
information, other than in terms of the Act.
1. Contact Details [Section 51(1)(a)
Name of Private Body: Arbuthnot Projects CC
Designated Information Officer: Mr Antony Arbuthnot
Email address of Information Officer: antonya@iafrica.com
Postal address: 307 Vause Road Berea DURBAN 4001
Street address: 307 Vause Road Berea DURBAN 4001
Phone number: 031 700 9739
Fax number: 031 700 9793
2. The guide as described in section 10 of the Act [Section 51(1)(b)]
This guide on how to exercise your rights in terms of the Act is in
the process of preparation by the SAHRC and is expected to be available
in August 2003. When available, it can be obtained from the SAHRC. Please
direct any queries to:
The South African Human Rights Commission:
PAIA Unit: Research and Documentation Department
Postal address: Private Bag 2700
Houghton
2041
Telephone: +27 11 484-8300
Fax: +27 11 484-0582
Website: www.sahrc.org.za
E-mail: paia@sahrc.org.za
3. Categories of records of Arbuthnot Projects CC which are available
without a person having to request access in terms of the Act, ie voluntary
disclosure. [Section 51(1)(c)]
Arbuthnot Projects CC is not obliged to publish a notice in terms of
Section 52(2) of the Act and to date has not elected to do so. Nevertheless
Arbuthnot Projects CC does make certain information freely available
to the public in various brochures, press releases and publications.
Certain information is also made available to employees of Arbuthnot
Projects CC, which is not generally made available to the public.
4. Records available in terms of other legislation [Section 51(1)(d)]
Information is available in terms of the following legislation to the
persons or entities specified in such legislation:
Acts that may be applicable:
1. Basic Conditions of Employment No. 75 of 1997
2. Close Corporations Act No. 69 of 1984
3. Companies Act No. 61 of 1973
4. Compensation for Occupational Injuries and Health Diseases Act No.130
of 1993
5. Copyright Act No. 98 of 1978
6. Credit Agreements Act No. 75 of 1980
7. Currency and Exchanges Act No. 9 of 1933
8. Debtor Collectors Act No. 114 of 1998
9. Employment Equity Act No. 55 of 1998
10. Finance Act No. 35 of 2000
11. Financial Services Board Act No. 97 of 1990
12. Harmful Business Practices Act No. 23 of 1999
13. Income Tax Act No. 95 of 1967
14. Insolvency Act No. 24 of 1936
15. Insurance Act No 27 of 1943
16. Intellectual Property Laws Amendments Act No. 38 of 1997
17. Labour Relations Act No. 66 of 1995
18. Occupational Health & Safety Act No. 85 of 1993
19. Regional Services Councils Act No. 109 of 1985
20. Short Term Insurance Act No. 53 of 1998
21. Skills Development Levies Act No. 9 of 1999
22. Skills Development Act No. 97 of 1998
23. Stamp Duties Act No. 77 of 1968
24. Trade Marks Act No. 194 of 1993
25. Unemployment Contributions Act No. 4 of 2002
26. Unemployment Insurance Act No. 63 of 2001
27. Usury Act No 73 of 1968
28. Value Added Tax Act No. 89 of 1991
5. How to request a record, a description of the subjects on which
we hold records, and the categories of records held on each subject
[Section 51(1)(e)
5.1 How to request a record
Requests for access to records held by Arbuthnot Projects CC must be
made on the request forms that are available from the SAHRC website
(www.sahrc.org.za) or the Department of Justice and Constitutional Development
website (www.doj.gov.za) (under “regulations”). For the
convenience of requestors, copies of these forms are included in the
version of this Manual available at our offices. (Annexure 1).
Requests for access to records must be made to our Information Officer
at the address, fax number or electronic mail address provided.
The requester must provide sufficient detail on the request form to
enable the Information Officer to identify the record and the requester.
The requester should 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.
It is vital that the requester identifies the right that he or she is
seeking to exercise or protect and provides 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 another person, the requester must
then submit proof of the capacity in which the requester is making the
request to the satisfaction of our Information Officer.
If a requestor does not use the standard form (Annexure 1), the request
may be rejected for lack of procedural compliance, refused (if sufficient
information is not provided, or otherwise) or delayed.
Please note that requestors are also required to pay the prescribed
fees. The list of prescribed fees in respect of requests, and in respect
of access to records (if the request is granted) is attached as Annexure
2
The information officer will notify the requester (other than a personal
requester) of the prescribed fee (if any) before further processing
the request. The requester may lodge an internal appeal or an application
to Court against the tender or payment of the request fee.
The information officer will then make a decision on the request and
notify the requester in the required form.
If the request is granted then a further access fee must be paid for
the reproduction and the search and preparation, and for any time that
has exceeded the prescribed hours to search and prepare the record for
disclosure.
Kindly note that all requests to Arbuthnot Projects CC will be evaluated
and considered in accordance with the Act. Publication of this Manual
and describing the categories and subject matter of information held
by Arbuthnot Projects CC does not give rise to any rights to access
such information or records, except in terms of the Act.
5.2 Subjects and categories of records held by Arbuthnot Projects
CC
We maintain records on the following categories and subject matters.
However, please note that recording a category or subject matter in
this Manual does not imply that a request for access to such records
would be honoured. All requests for access will be evaluated on a case
by case basis in accordance with the provisions of the Act. In particular,
there may be applicable grounds of refusal of such a request, as set
out in the Act.
Please note further that many of the records held by us are those of
third parties, such as clients and employees, and we take the protection
of third party confidential information very seriously. Requests for
access to these records will be considered very carefully. Please ensure
that requests for such records are carefully motivated.
5.2.1: Internal records
The following are records pertaining to Arbuthnot Projects CC’s
own affairs:
* Registration documents;
* Financial records;
* Operational records;
* Intellectual property;
* Marketing records;
* Internal correspondence;
* Service records;
* Statutory records;
* Internal policies and procedures;
* Minutes of meetings;
* Charters, codes of conduct and policies (both internal and external)
to which Arbuthnot Projects CC and its personnel subscribe; and
* Records held by officials of Arbuthnot Projects CC.
5.2.2: Personnel records:
For the purposes of this section, “personnel” means any
person who works for or provides services to or on behalf Arbuthnot
Projects CC and receives or is entitled to receive any remuneration
and any other person who assists in carrying out or conducting the business
of Arbuthnot Projects CC. This includes, without limitation, partners,
directors, all permanent, temporary and part-time staff as well as consultants
and contract workers.
Personnel records include the following:
* Any personal records provided to us by our personnel;
* Any records a third party has provided to us about any of their
personnel;
* Conditions of employment and other personnel-related contractual
and quasi-legal records;
* Employment policies and procedures;
* Internal evaluation and disciplinary records;
* Other internal records and correspondence.
5.2.3: Client-related records:
Client-related information includes the following:
* Contracts with the client and between the client and other persons;
* Any records a client has provided to Arbuthnot Projects CC or
a third party acting for or on behalf of Arbuthnot Projects CC (including
financial, legal, tax, operational, employee and similar records);
* Any research conducted by Arbuthnot Projects CC in respect of
its clients or research derived by Arbuthnot Projects CC from its clients
and their activities;
* Records, reports, designs and the like generated by Arbuthnot
Projects CC for its clients;
* Any records a third party has provided to Arbuthnot Projects
CC, which concerns a client; and
* Records generated by or within Arbuthnot Projects CC pertaining
to the client, including transactional records.
5.2.4: Other Parties:
Records are kept in respect of other parties, including without limitation
joint ventures and consortia to which Arbuthnot Projects CC is a party,
contractors and sub-contractors, suppliers, service providers, and providers
of information regarding general market conditions. In addition, such
other parties may possess records which can be said to belong to Arbuthnot
Projects CC. The following records fall into this category:
* Personnel, client, or Arbuthnot Projects CC records which are
held by another party as opposed to being held by Arbuthnot Projects
CC; and
* Records held by Arbuthnot Projects CC pertaining to other parties,
including financial records, correspondence, contractual records, records
provided by the other party, and records third parties have provided
about the contractors or suppliers.
5.2.5: Other Records:
We hold further records, including:-
* Information relating to Arbuthnot Projects CC’s own commercial
activities;
* Procurement and administration for Arbuthnot Projects CC; and
* Research information belonging to Arbuthnot Projects CC or carried
out on behalf of a third party.
6. Other information as may be prescribed [Section 51(1)(f)]
No such information has been prescribed.
7. Availability of the manual. [Section 51(3)]
This manual is available from the South African Human Rights Commission
(see details above) and from Arbuthnot Projects CC (see details above).
ANNEXURE 1
FORM C (of Regulation 10)
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODIES
(Section 53(1) of the Promotion of Access to Information Act, 2000
(Act No. 2 of 2000))
[Regulation 10]
A. Particulars of private body
The Information Officer: Arbuthnot Projects CC
B. Particulars of person requesting access to the record
(a) The particulars of the person who requests access to the record
must be given below.
(b) The address and/or fax number in the Republic to which the information
is to be sent must be given.
(c) Proof of the capacity in which the request is made, if applicable,
must be attached.
Full names and surname:
Identity number:
Postal address:
Fax number: Telephone 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.
1. Description of record or relevant part of the record:
2. Reference number, if available:
3. 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 as the request
fee.
(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 for exemption.
Reason for exemption from payment of fees:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
F. Form of access to record
If you are prevented by a disability to read, view or listen 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) Compliance with your request in the specified form may depend 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 the copy or transcription to be posted to you?
Postage is payable. YES NOG. 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.
1. Indicate which right is to be exercised or protected:
2. Explain why the record requested is required for the exercise or
protection of the aforementioned rightH. 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 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 2
FEES IN RESPECT OF PRIVATE BODIES
1. The fee for a copy of the manual as contemplated in regulation 9(2)(c)
is R1,10 for every photocopy of an A4-size page or part thereof.
2. The fees for reproduction referred to in regulation 11(1) are as
follows:
R
(a) For every photocopy of an A4-size page or
part thereof 1,10
(b) For every printed copy of an A4-size page or part
thereof held on a computer or in electronic or machine-
readable form 0,75
(c) For a copy in a computer-readable form on -
(i) stiffy disc 7,50
(ii) compact disc 70,00
(d) (i) For a transcription of visual images,
for an A4-size page or part thereof 40,00
(ii) For a copy of visual images 60,00
(e) (i) For a transcription of an audio record,
for an A4-size page or part thereof 20,00
(ii) For a copy of an audio record 30,00
3. The request fee payable by a requester, other than a personal requester,
referred to in regulation 11(2) is R50,00.
4. The access fees payable by a requester referred to in regulation
11(3) are as follows:
R
(1) (a) For every photocopy of an A4-size page or
part thereof 1,10
(b) For every printed copy of an A4-size page or part
thereof held on a computer or in electronic or machine-
readable form 0,75
(c) For a copy in a computer-readable form on -
(i) stiffy disc 7,50
(ii) compact disc 70,00
(d) (i) For a transcription of visual images,
for an A4-size page or part thereof 40,00
(ii) For a copy of visual images 60,00
(e) (i) For a transcription of an audio record,
for an A4-size page or part thereof 20,00
(ii) For a copy of an audio record 30,00
(f) To search for and prepare the record for disclosure, R30,00 for
each hour or part of an hour reasonably required for such search and
preparation.
(2) For purposes of section 54(2) of the Act, the following applies:
(a) Six hours as the hours to be exceeded before a deposit is payable;
and
(b) one third of the access fee is payable as a deposit by the requester.
(3) The actual postage is payable when a copy of a record must be posted
to a requester.
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