PROMOTION OF ACCESS TO INFORMATION MANUAL OF SOURCEFIN(PTY) LTD
In this manual –
1.1. the headings of clauses have been inserted for convenience only and should not be used for the interpretation of same;
1.2. unless indicated to the contrary, an expression which denotes –
1.2.1. any gender includes the other genders;
1.2.2. a natural person includes an artificial person and vice versa;
1.2.3. the singular also includes the plural and vice versa;
1.3. the following expressions shall have the meanings assigned to them below, and related expressions shall have corresponding meanings –
1.3.1. “Act” means the Promotion of Access to Information Act, 2 of 2000 as amended fromtime to time;
1.3.2. “client” means a natural or juristic person who or which receives services from thecompany;
1.3.3. “company” means Sourcefin (Pty) Ltd with registration number 2020/547484/07, a company duly incorporated in accordance with the laws of the RSA;
1.3.4. “guide” means the guide published by the SAHRC in terms of section 10 of the Act;
1.3.5. “manual” or this manual” means this manual, as amended from time to time, which is published in accordance with section 51 of the Act;
1.3.6. minister” means the cabinet member responsible for the administration of justice, presently the Minister of Justice and Constitutional Development.
1.3.7. “personal information” means personal information as defined in section 1 of the POPIA;
1.3.8. “POPIA” means the Protection of Personal Information Act, 4 of 2013;
1.3.9. “record” means record as defined in section 1 of the Act;
1.3.10. “RSA” means the Republic of South Africa;
1.3.11. “request for access” means request for access as defined in section 1 of the Act;
1.3.12. “requester” means any person or entity requesting access to a record that is under the control of the company;
1.3.13. “SAHRC” means the South African Human Rights Commission;
1.3.14. “special personal information” means special personal information as defined in section1 of POPIA.
2.1. This manual has been compiled in accordance with the requirements of the Act. The company is a private body as defined in the Act, and this manual contains the information specified in section 51 (1) of the Act, which is applicable to such a private body. This information is as follows–
2.1.1. the contact details of the head of the private company;
2.1.2. a description of the guide referred to in section 10of the Act;
2.1.3. the latest notice published by the Minister undersection 52(2) of the Act;
2.1.4. a description of the records of the private body which are available in terms of any legislation other than the Act;
2.1.5. a description of the subjects on which the private body holds records and the categories of records held on each subject insufficient details to facilitate a request for access to a record; and
2.1.6. other information as prescribed by regulation.
The purpose of this manual is to facilitate requests for access to records of the company as provided for in the Act.
4. CONTACT DETAILS
4.1. The company –
Full name: Sourcefin (Pty) Ltd
Registration number: 2020/547484/07
Registered address: 15Forest Road, Bramley, 2090
Business address: 15 Forest Road, Bramley, 2090
Telephone number: 010 500 3753
4.2. A director of the company –
Full name: Joshua Sasha Kadish
Telephone number: 010500 3753
4.3. Information officer –
Full name: Marom Mishan
E-mail address: email@example.com
5. AVAILABILITY OF THIS MANUAL
5.1. This manual is available for inspection during office hours at the company’s business address free of charge. To arrange for an inspection ,please contact the information officer.
5.2. The manual can also be viewed on the company website at: www.sourcefin.co.za/external-privacy-policy.
6. UPDATING OF MANUAL
The company will update this manual at least every twelve months or at such intervals as may be necessary.
7. HUMAN RIGHTS COMMISSION (“HRC”) GUIDE
7.1. The HRC has compiled a guide, as contemplated in section 10 of the Act, containing information to assist any person who wishes to exercise any right as contemplated in the Act.
7.2. The contact details of the HRC are as follows –
Postal address: Private Bag 2700
Telephone: 011 4848300
Telefax: 011484 0582
8. CATEGORIES OF RECORDS WHICH ARE AVAILABLE WITHOUTREQUEST
8.1. No notices pertaining to the company have been published by the Minister in terms of section 52(2) of the Act.
8.2. Certain records are available without needing to be requested in terms of the request procedures set out in the Act and provided for in this manual. This information may be inspected, collected, purchased or copied (at the prescribed fees) at the company’s business address. The records include –
8.2.1. marketing brochures;
8.2.2. employee profiles;
8.2.3. records of the employee whose file it is; and
8.2.4. the company’s policies and procedures.
9. INFORMATION AVAILABLE IN TERMS OF OTHER LEGISLATION
Information is available in terms of certain provisions of the following legislation as amended from time to time, to the persons or entities specified in such legislation –
9.1. Basic Conditions of Employment Act, 1997;
9.2. Close Corporations Act, 1984;
9.3. Companies Act, 2008;
9.4. Compensation for Occupational Injuries and Health Diseases Act, 1993;
9.5. Criminal Procedure Act, 1977;
9.6. Electronic Communications and Transactions Act, 2002;
9.7. Employment Equity Act, 1998;
9.8. Income Tax Act, 1962;
9.9. Insolvency Act, 1936;
9.10. Labour Relations Act, 1995;
9.11. Occupational Health & Safety Act, 1993;
9.12. Prevention and Combating of Corrupt Activities Act,2004; and
9.13. Protection of Personal Information Act, 2013.
10. DESCRIPTION OF THE SUBJECTS ON WHICH THE COMPANY HOLDSRECORDS AND THE CATEGORIES OF RECORDS HELD ON EACH SUBJECT
The following is a list of the subjects on which the company holds records and the categories into which these fall. The records listed below will not in all instances be provided to the requestor as the requestor is required to identify the right it 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. The procedure in terms of which such records maybe requested from the company is set out in clause 14 of this manual –
10.1.1. shareholder records, share register, minutes of meetings of the directors of the company resolutions;
10.1.2. records relating to the incorporation of the company; and
10.1.3. minutes of meetings of committees and sub committees.
10.2.1. accounting records;
10.2.2. tax records;
10.2.3. debtors’ records;
10.2.4. creditors’ records;
10.2.5. insurance reports;
10.2.6. auditor’s reports;
10.2.7. interim and annual financial statements;
10.2.8. bank statements;
10.2.9. books of account including journals and ledgers;
10.2.10. delivery notes, orders, invoices, receipts and vouchers;
10.2.11. invoices issued in respect of debtors and billing information; and
10.2.12. records regarding the company’s financial commitments.
10.3. human resources
10.3.1. list of employees;
10.3.2. statistics regarding employees;
10.3.3. employment contracts;
10.3.4. correspondence relating to employees;
10.3.5. information relating to prospective employees including curricula vitae and application forms;
10.3.6. personal records including personal details, disciplinary records, performance and internal evaluation reports;
10.3.7. employee tax information;
10.3.8. payroll records;
10.3.9. health and safety records;
10.3.10. employment equity plan;
10.3.11. codes of conduct;
10.3.12. remuneration policy;
10.3.13. disciplinary policy;
10.3.14. training material; and
10.3.15. recruitment selection, advertising of positions, appointments, retirement, promotions, use of company resources including telephones, motor vehicles and computers.
10.4.1. documents prepared for clients including agreements;
10.4.2. correspondence with clients;
10.4.3. correspondence with third parties;
10.4.4. personal information; and
10.4.5. special personal information.
10.5.1. list of suppliers;
10.5.2. personal information; and
10.5.3. special personal information.
10.6.1. asset registers; and
10.6.2. records regarding insurance in respect of moveable property.
10.7.1. internal correspondence;
10.7.2. intellectual property;
10.7.3. marketing records;
10.7.4. information technology including computer software, support and maintenance; and
10.7.5. catering records.
11. GROUNDS FOR REFUSAL
11.1. There are a number of grounds on which the company mayor must refuse a request for access to a record in accordance with Chapter 4 of the Act. They are as follows –
11.1.1. the protection of privacy of a third person from unreasonable disclosure (section 63 of Act);
11.1.2. the protection of commercial information of a third party if the records contain trade secrets, financial, commercial, scientific or technical information that may harm the commercial or financial interests of a third party (section 64 of the Act);
11.1.3. refusing access to a record if disclosure would result in the breach of a duty of confidence owed to a third party (section 65 of the Act);
11.1.4. refusing access to a record if it would jeopardise the safety of an individual or prejudice or impair certain property rights of a third person (section 66 of the Act);
11.1.5. refusing access to a record that was produced during legal proceedings, unless that legal privilege has been waived (section 67 of the Act);
11.1.6. refusing access to a record containing trade secrets, financial or sensitive information or any information that would put the private body at a disadvantage in negotiations or prejudice it in commercial competition (section 68 of the Act);
11.1.7. refusing access to a record containing information about research being carried out or about to be carried out on behalf of a third party (section 69 of the Act)
11.2. Section 70 of the Act contains an overriding provision. Disclosure of a record that has been requested is compulsory if it would reveal a substantial contravention of, or failure to comply with the law, or imminent and serious public safety or environmental risk and the public interest in the disclosure of the record clearly outweighs the harm contemplated by its disclosure.
11.3. If the requestor’s interest does affect a third party then the company will first need to inform the third party within twenty-one days of receiving the request. The third party has twenty-one days to make representations and/or submissions regarding the granting of access to the record.
11.4. Requests for information that are clearly frivolous or vexatious, or which involve unreasonable diversion of resources shall be refused.
11.5. All requests for information will be assessed on their own merits and in accordance with the applicable laws.
12. REMEDIES AVAILABLE IF REQUEST TO ACCESS INFORMATION ISREFUSED
12.1. The company does not have any internal appeal procedures that may be followed once a request to access information has been refused. The decision of the information officer is final.
12.2. If you are not satisfied with the outcome of your request, you are entitled to apply to a court of component jurisdiction to take the matter further (section 78 of the Act).
13. INFORMATION OR RECORDS NOT FOUND
13.1. If all reasonable steps have been taken to find a record, and such a record cannot be found or if the records do not exist, then the company will notify the requester, by way of an affidavit or affirmation, that it is not possible to give access to the requested record.
13.2. The affidavit or affirmation will provide a full account, of all the steps taken to find the record or to determine the existence thereof, including details of all communications by the company with every person who conducted the search.
13.3. If the record in question should later be found, the requester shall be given access to the record in the manner stipulated by the requester unless access is refused by the company as permitted by the Act.
14. REQUEST PROCEDURE
14.1. A request for access to records held by the company in terms of section 50 of the Act must be made on the form contained in the Regulations (Form C). A copy of the form is attached as annexure A to this manual. The request must be made to the company at its business address or email address, specified in clause 4.1 and 4.2 above.
14.2. A requester must provide sufficient detail on the prescribed form to allow the company to identify the record or records which have been requested and the identity of the requester. If a request is made on behalf of another person or entity, the requester must submit details and proof of the capacity in which the requester is making the request, which must be reasonably satisfactory to the company. The requester is also required to indicate the form of access to the relevant records that is required, and to provide his, her or its contact details in the RSA.
14.3. The requester is required to identify the right that he or she is seeking to exercise by accessing records held by the company and to explain why the particular record or records requested is or are required for the exercise or protection of that right.
14.4. The director of the company as soon as reasonably possible and within thirty days after the request has been received, shall decide whether or not to grant the request.
14.5. The requester will be notified of the decision of the director of the company.
14.6. If the request is granted, the requester shall be informed by the director in the manner indicated by the requester in the prescribed form of –
14.6.1. the access fee to be paid for the information; and
14.6.2. the format in which access will be given.
14.7. After access is granted, actual access to the record(s) requested will be given as soon as reasonably possible.
14.8. If the request for access is refused, the director of the company shall advise the requester in writing of the refusal. The notice of refusal shall state adequate reasons for the refusal.
14.9. In the event that the director of the company fails to respond within thirty days after a request has been received, it is deemed, in terms of section 58 read together with section 56(1) of the Act, that the director of the company has refused the request.
14.10. The director of the company may in writing to the requestor extend the thirty day period for a further thirty days if –
14.10.1. the request is for a large number of records; or
14.10.2. the search for the records are not stored at the company’s business address.
15. PRESCRIBED FORMS AND FEE STRUCTURE
The forms and fee structure prescribed under the Act are available from the Government Gazette, or at the website of the Department of Justice and Constitutional Development (www.dog.gov.za), under the “regulations” section as well as the SAHRC website (www.sahrc.org.za).