Promotion of Access to Information Act Manual
A copy of the manual will be
available for inspection at Proton South Africa, 238 Garsfontein
Drive,Menlyn Pretoria (the Business) Head Office and is available on
the company website at www.protoncars.co.za
INTRODUCTION
The Promotion of Access to
Information Act, 2 of 2000 (“the Act”) was enacted on 3 February
2000.
The purpose of this
legislation is to address Section 32(2) of the Constitution, which
provides that any person has a right to gain access to any
information held by a public or private body. If the record is
requested from a private body the requester needs to prove that the
record is required for the exercise or protection of a right.
One of the main requirements
specified in the Act is the compilation of a manual by 28 February
2003 that provides information on both the types and categories of
records held by the public or private body.
In terms of the Act a
private body includes any former or existing juristic person.
Therefore THE BUSINESS is regarded as a “private body” and both the
manual and requirements regarding access must be in compliance with
the provisions of the Act relevant to private bodies.
This document serves as the
BUSINESS manual in terms of the Act to provide a reference as to the
records held and the process that needs to be followed to request
access to such records.
As THE BUSINESS is a
subsidiary of Associated Motor Holdings (Pty) Ltd, which is part of
the Imperial Holdings Limited group, this manual forms part of the
overall Group Manual which can be found at
www.imperial.co,za
COMPANY OVERVIEW
THE BUSINESS was established
in 2005.
SCOPE OF THE MANUAL
The scope of this manual
will exclude THE BUSINESS operations outside the borders of the
Republic of South Africa and will serve to provide a reference
regarding the records held by the business.
ADMINISTRATION OF THE ACT
The Chief Executive Officer
(CEO) of THE BUSINESS has duly authorised the contact person to
ensure that the requirements of the Act are administered in a fair,
objective and unbiased manner.
GUIDE FOR REQUEST ON HOW
TO USE THE ACT
The Human Rights Commission
(HRC) is responsible for compiling a guide that will facilitate ease
of use of the Act for requester. The Guide of Imperial Holdings
Limited (of which THE BUSINESS is a subsidiary) is available from
the South African Human Rights Commission. Please direct any queries
to:
The South African Human
Rights Commission
PAIA Unit
The Research and
Documentation Department
Postal address: Private Bag
X2700, Houghton, 2041
Phone number: +27 (11)
484-8300
Fax number: +27 (11)
484-0582
Email:
PAIA@sahrc.org.za
Website:
www.sahrc.org.za
AUTOMATIC AVAILABILITY OF
CERTAIN RECORDS
Records lodged in terms of
Government requirements with various statutory bodies, including the
Registrar of Companies.
RECORDS AVAILABLE IN
ACCORDANCE WITH OTHER LEGISLATION
Records are available in
accordance with the following legislation:
- Atmospheric Pollution
Prevention Act No. 45 of 1965;
- Aviation Act No. 74 of
1962;
- Basic Conditions of
Employment Act No. 75 of 1997;
- Companies Act No. 61 of
1973;
- Compensation of
Occupational Injuries and Health Diseases Act No.130 of 1993;
- Consumer Affairs Act No.
71 of 1988;
- Copyright Act No. 98 of
1978;
- Credit Agreements Act No.
75 of 1980;
- Currency and Exchanges Act
No. 9 of 1933;
- Customs and Excise Act No.
91 of 1964;
- Employment Equity Act No.
55 of 1998;
- Financial Advisory and
Intermediary Services Act No. 37 of 2002;
- Financial Intelligence
Centre Act No. 38 of 2001
- Financial Markets Control
Act No. 55 of 1989;
- Harmful Business Practices
Act No. 23 of 1999;
- Hazardous Substances Act
No. 15 of 1973;
- Health Act No. 63 of 1977;
- Income Tax Act No. 58 of
1962;
- Insolvency Act No. 24 of
1936;
- Insurance Act No. 27 of
1943;
- Intellectual Property Laws
Amendments Act No. 38 of 1997;
- Labour relations Act No 66
of 1995;
- Land Survey Act 8 of 1997;
- Long Term Insurance Act
No. 52 of 1998;
- Medical Schemes Act No.
131 of 1998;
- Mutual Banks Act No.124 of
1993;
- National Payment Systems
Act No. 78 of 1998;
- National Credit Act No 34
of 2005;
- Occupational Health and
Safety Act No.85 of 1993;
- Pension Fund Act No. 24 of
1956;
- Prescription Act No. 68 of
1969;
- Professional Engineers Act
No. 81 of 1968;
- Protection of Businesses
Act No. 99 of 1978;
- Regional Services Councils
Act No. 109 of 1985;
- Road Transport Act No. 74
of 1977;
- Second Hand Goods Act No.
23 of 1955; as amended
- Short Term Insurance Act
No. 53 of 1998;
- Skills Development Levies
Act No. 9 of 1999;
- Skills Development Act No.
97 of 1998
- Stamp Duties Act No. 77 of
1968;
- Stock Exchange Control Act
No. 1 of 1985;
- Trade Marks Act No. 194 of
1993;
- Unemployment Contributions
Act No. 4 of 2002
- Unemployment Insurance Act
No. 30 of 1966;
- Usury Act No. 73 of 1968;
- Value-Added Tax Act No. 89
of 1991;
RECORD SUBJECT AND
CATEGORIES –
The BUSINESS records
comprise the following main categories and are held at the head
office of Associated Motor Holdings (Pty) Ltd.
- Statutory Records
- Administrative Records
- Government Records
- Research Records
- Transactional Documents
- Technical Records
- Departmental
Administration Records
- Technical Publications
- Vat Records
- Contracts and Agreements
- General Correspondence
- Employee Records
- General HR Policies and
Procedures
- Training Records
- Pension Records
- Employee Benefit Records
- Labour Relations Records
- Employment Equity Records
- Employee Contracts
- Employee Performance
Records
- General SHE Records
- Patents
- Trademarks
- Insurance Records
- Building and Property
Records
- General Administration
Records
- Working Papers
- Investment Records
- Management Reports
- Share Register Records
- Accounting Records
- Minutes of Meetings
- Operational Records
Contact person:
Albert Venter
Postal address:
238 Garsfontein drive, Menlyn, Pretoria, 0181
Physical address:
PO Box 3303, Menlyn, Pretoria, 0181
Phone Number:
(012) 369 9797
Fax Number:
(012) 369 9750
ACCESS REQUEST PROCEDURE
The purpose of this Section
51(1)(e) of the Act is to provide requesters with sufficient
guidelines and procedures to facilitate a request for access to a
record held by THE BUSINESS.
It is important to note that
an application for access to information can be refused in the event
that the application does not comply with the procedural
requirements of the Act. In addition, the successful completion and
submission of a request from does not automatically allow the
requester access to the requested record.
Note:
If it is reasonably
suspected that the requester has obtained access to THE BUSINESS’s
records through the submission of materially false or misleading
information, legal action may be instituted against such requester.
COMPLETION OF ACCESS
REQUEST FORM
In order for THE BUSINESS to
respond to a request in a timely manner the Access Request Form
should be completed, taking due cognizance of the following
Instructions on Completion of Forms:
1. The Access Request Form
must be completed in the English language.
2. Type or print in BLOCK
LETTERS an answer to every question.
3. If a question does not
apply, state “N/A” in response to that question.
4. If there is nothing to
disclose in reply to a particular question state “NIL” in response
to that question.
5. If there is insufficient
space on a printed form in which to answer a question, additional
information may be provided on an additional folio
6. When the use of an
additional folio is required, precede each answer thereon with the
title applicable to that question.
SUBMISSION OF ACCESS
REQUEST FORM
The completed Access Request
Form must be submitted either via conventional mail or fax and must
be addressed to the contact person indicated in this document.
An initial,
non-refundable R57.00 request fee is payable on submission. This
fee is not applicable to Personal Requesters, referring to
any person seeking access to records that contain their personal
information.
PAYMENT OF FEES
Payment details can be
obtained from the contact person as indicated in this document and
payment can be made by either direct deposit or by bank guarantee
cheque (no credit card payments are accepted). Proof of payment must
be supplied.
Note:
If the request for access
is successful an access fee will be required for the search,
reproduction and/or preparation of the record(s) and will be
calculated based on the Prescribed Fees. The access fee must be paid
prior to access being given to the requested record.
NOTIFICATION
Requesters will be evaluated
and the requester notified, within 30 days of receipt of the
completed Access Request Form. Notification may include:
Notification Of
Extension Period (if required)
The requesters may be
notified whether an extension period is required for the processing
of their requests including:
i. The required extension
period, which will not exceed an additional 30 days;
ii. Adequate reasons for the
extension; and
iii. Notice that the
requester may lodge an application with a court against the payment
of the deposit and the procedure including the period, for lodging
the application.
Payment of Deposit (if
applicable)
The requester may be
notified whether a deposit is required. A deposit will be required
depending on certain factors such as the volume and/or format of the
information requested and the time required for search and
preparation of the record(s). The notice will state:
i. The amount of the deposit
payable (if applicable); and
ii. That the requester may
lodge an application with a court against the payment of the deposit
and the procedures including the period, for lodging the
application.
Please note:
In the event that access
is refused to the requested record, the full deposit will be
refunded to the requester.
Decision on Request
If no extension period or
deposit is required the requesters will be notified within 30 days
of the decision on their requests.
If the request for access to
a record is successful the requester will be notified of the
following:
i. The amount of the access
fee payable upon gaining access to the record (if any);
ii. An indication of the
form in which the access will be granted;
iii. Notice that the
requester may lodge an application with a court against the payment
of the access fee and the procedure including the period for lodging
the application.
If the request for access to
a record in not successful the requester will be notified of the
following:
i. Adequate reasons for the
refusal (refer to Third Party Information and Grounds for Refusal
below); and
ii. That the requester may
lodge an application with a court against the refusal of the request
and the procedure including the period, for lodging the application.
Third Party
Information
If access is requested to a
record that contains information about a third party, THE BUSINESS
is obliged to attempt to contact this third party to inform them of
the request. This enables the third party the opportunity of
responding by either consenting access or by providing reasons why
the access should be denied.
In the event of the third
party furnishing reasons for the support or denial of access, our
designated contact person will consider these reasons in determining
whether access should be granted, or not.
Grounds for Refusal
THE BUSINESS may
legitimately refuse to grant access to a requested record that falls
within a certain category.
Grounds on which THE
BUSINESS may refuse access include:
i. Protecting personal
information that THE BUSINESS holds about a third person (who is a
natural person) including a deceased person, from unreasonable
disclosure;
ii. Protecting commercial
information that THE BUSINESS holds about a third party or the
Imperial Holdings Group
(for example trade secret:
financial, commercial, scientific or technical information that may
harm the commercial or financial interests of the organization or
the third party);
iii. If disclosure of the
record would result in a breach of a duty of confidence owed to a
third party in terms of an agreement;
iv. If disclosure of the
record would endanger the life or physical safety of an individual;
v. If disclosure of the
record would prejudice or impair the security of property or means
of transport;
vi. If disclosure of the
record would prejudice or impair the protection of a person in
accordance with a witness protection scheme;
vii. If disclosure of the
record would prejudice or impair the protection of the safety of the
public;
viii. The record is
privileged from production in legal proceedings, unless the legal
privilege has been waived;
ix. Disclosure of the record
(containing trade secrets, financial, commercial, scientific, or
technical information) would harm the commercial or financial
interests of THE BUSINESS or the Imperial Holdings Group;
x. Disclosure of the record
would put THE BUSINESS or the Imperial Holdings Group at a
disadvantage in contractual or other negotiations or prejudice it in
commercial competition;
xi. The record is a computer
programme; and
xii. The record contains
information about research being carried out or about to be carried
out on behalf of a third party or THE BUSINESS or the Imperial
Holdings Group.
Records that cannot be
found or do not exist
If THE BUSINESS has searched
for a record and it is believed that the record does not exist or
cannot be found, the requester will be notified by way of an
affidavit or affirmation. This will include the steps that were
taken to try to locate the record.
____________________________________________________________________________________
HEAD
OFFICE
Access
Request Form
FOR OFFICE USE ONLY:
Reference Number: _________________________________
Received By:
_________________________________
(Section
53(1) of the Promotion of Access to Information Act, No 2 of 2000)
(Regulation 10)
A. Particulars of THE
BUSINESS
Requests can be submitted
either via conventional mail or fax and should be addressed to the
relevant contact person as indicated below:
Pearl Automotive (Pty)
Limited
Contact Person:
Albert Venter
Postal address:
238 Garsfontein drive, Menlyn, Pretoria, 0181
Physical address:
PO Box 3303, Menlyn, Pretoria, 0181
Phone Number:
(012) 369 9797
Fax Number:
(012) 369 9750
B. Particulars of Person
requesting access to the record/s
(a) The particulars of
the person who requests access to the records must be provided in
the space provided below.
(b) Furnish an address
and/or fax number within the Republic of South Africa to which
information must be sent.
(c) Proof of the capacity
in which a person is making the request must be attached, if
applicable, must be attached.
Full Name and Surname:
_____________________________________________________
Identity Numbers:
______________________________________________________
Postal Address:
______________________________________________________
Postal Code:
______________________________________________________
Telephone Number:
______________________________________________________
Fax 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 only be
completed if a request for information is made on behalf of another
person.
Full names and Surname:
____________________________________________________
Identity Number:
____________________________________________________
D. Particulars of
Record/s required:
(a) Provide full
particulars of the record/s to which access is required, 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 additional folios or other annexure.
1. Description of the
Record or relevant part of the record:
__________________________________
2. Reference number, if
available:
__________________________________
3. Any further
particulars of the record/s required:
__________________________________
E. Fees
(a) A request for access to
a record, other than a record containing personal information about
the requester will be processed only after a non-refundable
request fee of R57.00 has been paid.
(b) The fee payable for
access to a record depends on the form in which the access is
required and the reasonable time required to search for and prepare
the record.
(c) If you qualify for
exemption of the payment of any fee, please state the reason for the
exemption.
Reason for exemption of
payment of the fee/s:
F. Form of Access to
Record
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 under certain circumstances. In such a case
you will be informed whether 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:
2. If record consists of
visual images:
(this includes photographs,
slides, video recordings, computer generated images, sketches, etc)
3. If the record consists
of recorded information that can be reproduced in sound:
Listen to the soundtrack (compact disc)
Transcription of soundtrack*
(written or printed document)
4. If the record is held
on computer in an electronic or machine-readable form:
Printed Copy of information derived from the
record*
Copy in computer readable form* (compact disc
or DVD)
If you requested a copy or
transcription of a record (above), do not wish the copy or
transcription to be posted to you? Yes/No
Postage is payable
Yes/No
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 above, state your disability and
indicate in which form the record is required.
Disability: Form in which
record is required:
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.
1. Indicate which right is
to be exercised or protected:
________________________________________
2. Explain why the requested
record(s) is required for the exercising or protection of the
aforementioned right(s):
____________________________________________________________________________
H. 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 thereof 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 the
_______________ day of__________________ 20___________
SIGNATURE OF REQUESTER/
PERSON ON WHOSE BEHALF REQUEST IS MADE ______________
PRESCRIBED
FEES
In terms of Section 54(7) of
the Promotion of Access to Information Act. 2000 (Act No.2 of 2000).
1. PLEASE NOTE THAT ALL
PRICES LISTED ARE INCLUSIVE OF VALUE-ADDED TAX (VAT)
|
(a) For every
photocopy of an A4-size page or part thereof |
R1.25 |
|
(b) For every
printed copy of an A4-size page or part thereof held on a
computer or in a electronic or
machine-readable form |
R0.85 |
|
(c) For a copy in a
computer-readable form on |
|
|
(I)
Compact Disc |
R8.55 |
|
(ii)
DVD |
R79.80 |
|
(d)
For visual images |
|
|
(i)
a transcription
of visual images, for an A4-size page or part thereof |
R45.60 |
|
(ii)
For a copy of
visual images |
R68.40 |
|
(e) (i) For a
transcription of an audio record, for an A4-size page or
part thereof |
R22.80 |
|
(ii) For a copy of an audio record |
R34.20 |
|
(f) To search for
and prepare the record for disclosure |
R34.20 |
|
(g) The actual
postage fee is payable when a copy of a record is to be
posted to a requester |
|
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