Promotion of Access to Information Act Manual - J & G … MANUAL JG Farms.pdf · In terms of section 10 of the Promotion of Access to Information Act 2 of 2000, ... Stamp Duties Act

J&G FARMS

Postal Address: P.O Box 925

Heidelberg

1438

Physical Address: R23 Heidelberg/Benoni

Telephone: 016 342 4012

Fax: 086 672 5485

E-mail Address: [email protected]

Web Page: None

Manual prepared in accordance with Section 51 of The Promotion of Access to Information Act 2/2000

(“The Act”) Date of publication and submission: 17 December 2015 Review Date: December 2015

J&G Farms

Manual: Promotion of Access to Information Act 2 of 2000 2

A. CONTENTS 1. Introduction 2. Contact details [Section 51(1)(a)] 3. The section 10 Guide on how to use the Act [Section 51(1)(b)] 4. Records classification key 5. Records available in terms of any other legislation [Section 51(1)(d)] 6. Access to the records held by the private body in question [Sections 51(1)(c)

and 51(1)(e)] 6.1 The latest notice regarding the categories of records of the body, which are

available without a person having to request access in terms of this Act in terms of section 52(2) [Section 51(1)(c)]

6.2 Records that may be requested [Section 51(1)(e)] 6.3 The request procedures 7. Other information as may be prescribed [Section 51(1)(f)] 8. Availability of the manual [Section 51(3)]

Appendix A: Request Form

1. INTRODUCTION 1.1 The Promotion of Access to Information Act No 2 of 2000 was enacted to give effect

to the constitutional right of access to any information that is held by another person and that is required for the exercise or protection of any rights as well as to provide for matters connected therewith. This manual is to assist potential requesters as to the procedure to be followed when requesting access to information from Ronsen HR & Labour Specialists in terms of the Act. This manual may be amended from time to time and any new versions of the manual will be made public.

1.2 The Act states the following:

CHAPTER 2 PUBLICATION AND AVAILABILITY OF CERTAIN RECORDS Manual 51. (1) Within six months after the commencement of this section or the coming into existence of the private body concerned, the head of a private body must compile a manual containing— (a) The postal and street address, phone and fax number and, if available, electronic mail address of the head of the body; (b) A description of the guide referred to in section 10, if available, and how to obtain access to it; (c) The latest notice in terms of section 52(2), if any, regarding the categories of record of the body which are available without a person having to request access in terms of this Act; (d) A description of the records of the body which are available in accordance with any other legislation;

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(e) Sufficient detail to facilitate a request for access to a record of the body, a description of the subjects on which the body holds records and the categories of records held on each subject; and (f) Such other information as may be prescribed. (2) The head of a private body must on a regular basis update the manual referred to in subsection (1). (3) Each manual must be made available as prescribed. (4) For security, administrative or financial reasons, the Minister may, on request or of his or her own accord, by notice in the Gazette, exempt any private body or category of private bodies from any provision of this section for such period as the Minister thinks fit.

1.3 J & G Farms is a Sole Proprietor registered with the Trade and Industries. 2. J & G Farms CONTACT INFORMATION [Section 51(1)(a)] Authorized Person: George Lima da Camara Postal Address: P.O Box 925

Heidelberg

1438


Telephone: 016 342 4012

Fax: 086 672 5485


Web Page: None

3. SOUTH AFRICAN HUMAN RIGHTS COMMISSION – GUIDE [Section 51(1)(b)] In terms of section 10 of the Promotion of Access to Information Act 2 of 2000, the Human Rights Commission has compiled a guide on the use of this Act. It is available from the Human Rights Commission at any of the following offices: Johannesburg: Private Bag 2700, Houghton, 2041 Tel: 011 484 8300 Fax: 011 484 7146

Website: www.sahrc.org.za E-mail: [email protected]

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Bloemfontein: PO 4245, Bloemfontein, 9300 Tel: 051 447 1130 Fax: 051 447 1128 Port Elizabeth: PO 1854, Port Elizabeth, 6001 Tel: 041 582 2611 Fax: 041 582 2204 Polokwane: PO 55796, Polokwane, 0700 Tel: 015 291 3500 Fax: 015 291 3505 Durban: PO 1456, Durban, 4000 Tel/Fax: 031 304 7323/4/5 Cape Town: PO 3563, Cape Town, 8000 Tel: 021 426 2277 Fax: 021 426 2875 4. J @ G FARMS RECORD CLASSIFICATION KEY

Classification No

Access Classification

1 May be disclosed Public Access Document

2 May be disclosed Subject to Copyright

3 Limited disclosure Personal information own to requester of information

4 May not be disclosed

Unreasonable disclosure of personal information


Request after commencement of criminal proceedings


Would breach duty of confidence owed to a third party


Could harm the commercial or financial interests of third party


Could harm the company or third party in contract or other negotiations


Could compromise the safety of individuals or protection of property


Legally privileged document


Commercial information of company

12 May not be Could prejudice research and development

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disclosed information of the company or third party

5. AUTOMATIC AVAILABILITY OF CERTAIN RECORDS HELD BY J & G Farms The Minister of Justice is entitled to publish a list of records submitted by J & G Farms to which the public may have access without formally applying for access to such records. The lists of records that are freely available and which need not be requested in terms of this Act are:

Social Responsibility Projects information

Marketing Material 6. RECORDS 6.1 Records may be available in accordance with the following legislation (legislation of

which some may not be applicable to J & G Farms. [Section 51 (1) (d)] is included in par 6.2.

1. Administration of Estates Act, No. 66 of 1965 2. Arbitration Act No. 42 of 1965 3. Basic Conditions of Employment No. 75 of1997 4. Closed Corporations Act No. 69 of 1984 5. Companies Act No. 61 of 1973 6. Compensation for Occupational Injuries and Health Diseases Act No.130 of 7. Consumer Affairs (Unfair Business Practices) Act No. 71 of 1988 8. Copyright Act No. 98 of 1978 9. Credit Agreements Act No. 75 of 1980 10. Currency and Exchanges Act No. 9 of 1933 11. Debtor Collectors Act No. 114 of 1998 12. Employment Equity Act No. 55 of 1998 13. Finance Act No. 35 of 2000 14. Financial Services Board Act No. 97 of 1990 15. Financial Relations Act No. 65 of 1976 16. Harmful Business Practices Act No. 23 of 1999 17. Income Tax Act No. 95 of 1967 18. Insolvency Act No. 24 of 1936 19. Insurance Act No 27 of 1943 20. Intellectual Property Laws Amendments Act No. 38 of 1997 21. Labour Relations Act No. 66 of 1995 22. Long Term Insurance Act No. 52 of 1998 23. Medical Schemes Act No. 131 of 1998 24. Occupational Health & Safety Act No. 85 of 1993 25. Pension Funds Act No. 24 of 1956 26. Post Office Act No. 44 of 1958 28. Regional Services Councils Act No. 109 of 1985 29. SA Reserve Bank Act No. 90 of 1989 30. Short Term Insurance Act No. 53 of 1998

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31. Skills Development Levies Act No. 9 of 1999 32. Skills Development Act No. 97 of 1998 33. Stamp Duties Act No. 77 of 1968 34. Stock Exchange Control Act No. 1 of 1985 35. Tax on Retirement Funds Act No. 38 of 1996 36. Trade Marks Act No. 194 of 1993 37. Unemployment Contributions Act No. 4 of 2002 38. Unemployment Insurance Act No. 63 of 2001 39. Usury Act No 73 of 1968 40. Value Added Tax Act No. 89 of 1991 6.2 J & G Farms RECORDS [Sections 51(1) (c) and 51(1) (e)] Note: This section of the manual sets out the subject and categories of records held by J & G Farms. The inclusion of any subject or category of records should not be taken as an indication that records falling within those subjects and/or categories will be made available under the Act. In particular, certain grounds of refusal as set out in the Act may be applicable to a request for such records.

AREA SUBJECT CLASSIFICATION

Human Resources - Staff Records - Employment Contracts - Policies and Procedures - Information Pertaining to Provident Fund - Information Pertaining to Medical Aid - Financial Statements - Risk Management Records - Training Records - Labour Relations Records - Employee Equity Records Recruitment Records Remuneration Records

2,3,4 2,3,4 2,11 NA NA 11

2,3,11 2,3,4 2,3,4 NA 3,4 3,4

Financial Records - Financial and Tax Records (Company & Employee) including PAYE

- Management Accounts - Operational Financial Records - Asset Register - Trade Records - Policy Records - Stock Records - Capital Expenditure Records - Accounting Records - Investment Records - Annual Financial Statements - Investor Information - Audit Reports and Supporting Working Papers - VAT

2,3,4,11

11 11 11 11

2,11 11 11 11 11 11

4,11 11 11

Operational - Claim Records 4,11

J&G Farms


AREA SUBJECT CLASSIFICATION

Records - Voice Recordings - Policy Documents - Sales Records - Customer / Subscriber Records - Security Records - Internal Communication Records - Supplier Records Production Records

NA 2,11 4,11 6,11

4,6,11 2,3,4,11

6,11 6,11

Legal Records - Statutory Records - Records kept in Terms of Company Laws of

RSA - Agreements and Contracts - Policy Records - General Legal Correspondence - Trademarks - Litigation and Dispute Records - Company Secretary - Share Registration Records

1,2,3,11 1,2,3,11

11

2,11 3,4,6,11

11 3,4,6,11

11 11

Communication - Public Product Information/Brochures - Media Releases - Promotion of Access to Information Act Manual

1 1 1

Quality Management

- ISO Documentation - Service Evaluation Records (CSI) - Quality Records

11 6,11 11

Information Technology

- IT Contracts and Agreements - IT Operational Records

6,11 4,6,11

General - General Correspondence - Administration records - Contracts and Agreements - Management Reports - Annual Reports - Organisational Structure - Social Responsibility Projects Lic Licenses Minutes of meetings

2,3,6,11 2,3,6,11

6,11 11 11 1 1 11 11

6.3 REQUEST FOR ACCESS TO RECORDS HELD BY J & G Farms 6.3.1 Form of request:

• The requester must use the prescribed form to make the request for access to a record. This must be made to the head of the private body. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].

• The requester must provide sufficient detail on the request form to enable the head of the private body to identify the record and the requester. The requester should also

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indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c)].

• The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2)(d)].

• If a request is made on behalf of a another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body [s 53(2)(f)].

6.3.2 Request procedure. To facilitate the processing of a request, the requester must:-

Use the prescribed form attached to this manual (APPENDIX A);

Address the request to the authorised person supplied within this manual, and fax or e-mail the request form as per provided details;

Provide sufficient particulars to enable the head of the organization to identify o the record/s requested; o the requester;

Indicate which form of access is required;

Specify a postal address or fax number of the requester;

Identify the right the requester 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 the requester, in addition to a written reply, wish to be informed of the decision on the request in any other manner, state that manner and the necessary particulars to be so informed;

If the request is made on behalf of a person, submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the organization.

6.3.3 Prescribed Fees A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee. On request of access to information, the head, or duly authorized person, will by notice require the requester, other than a personal requester, to pay the prescribed fee as set out below. If the search for the record has been made 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 authorized person shall notify the requester to pay as a deposit the prescribed portion of the access fee. A requester, whose request for access 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 arrangement to make it available in the request form.

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If a deposit has been paid in respect of a request for access, which is refused, the deposit will be repaid to the requester.

The fee for a copy of the manual for every photocopy of an A4-size page or part thereof.

R1,10

Fees for reproduction Photocopy of A4-size page or part thereof R1,10

Printed copy of A4-size page or part thereof R0,75

For a copy in PC format o Stiffy Disc o Compact Disc

R7,50 R70,00

For a transcription of visual images, A4-size page R40,00

For a copy of visual images

R60,00

For a transcription of audio record, A4-size page

R20,00

For a copy of an audio record R30,00

The request fee payable by a requester, other than a personal requester

R50,00

Access fees payable by a requester

Photocopy of A4-size page or part thereof

R1,10

Printed copy of A4-size page or part thereof R0,75

For a copy in PC format o Stiffy Disc o Compact Disc

R7,50 R70,00

For a transcription of visual images, A4-size page

R40,00

For a copy of visual images

R60,00

For a transcription of audio record, A4-size page

R20,00

For a copy of an audio record R30,00

To search for and prepare a record for disclosure, for each hour or part of an hour reasonable required for such search and preparation.

R30,00

Six hours is to be exceeded before a deposit is payable, and one third of the access fee is payable as a deposit by the requester.

The actual postage is payable when a copy of a record must be posted to a requester.

*All fees exclude VAT 7. OTHER INFORMATION AS MAY BE PRESCRIBED [Section 51(1)(f)] The Minister of Justice and Constitutional Development has not made any regulations in this regard. 8. AVAILABILITY OF THE MANUAL [Section 51(3)] This manual is available for inspection at the offices of the SANEA free of charge. Copies of the manual may be obtained by request at the prescribed fees from the SANEA. The manual can also be accessed on the South African Human Rights Commission website (www.sahrc.org.za).

http://www.sahrc.org.za/

J&G Farms


APPENDIX A: REQUEST FORM 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. Particulars of private body Authorized Person: George Lima da Camara

Postal Address: P.O Box 925

Heidelberg

1438


Telephone: 016 342 4012

Fax: 086 672 5485


Web Page: None

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: _________________________________________________________________________

mailto:[email protected]

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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: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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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

transcription of soundtrack*

4. If record is held on computer or in an electronic or machine-readable form:

printer copy of record* printed copy of information derived from record*

copy in computer readable form* (stiffy or compact disc)

*If you requested a copy or transcription of a record (above), do wish the copy or transcription to be posted to you? Postage is payable.

YES NO

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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.

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 right: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________ H. Notice of decision regarding request for access

You will be notified in writing whether you 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 _________________________ on this _____ day of ________________ 20 ____ ___________________________________________ SIGNATURE OF REQUESTER/PERSON ON WHO’S BEHALF REQUEST IS MADE