ACT 2 OF 2000 (“The Act”)
1999/065574/23
INTRODUCTION
Tridot CC was formed in 1999. The company’s business is that of wholesale and retail trading of stationery and conference equipment and an agent for the import of recreational hovercraft.
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: |
Tridot CC |
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Designated Information Officer: |
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Email address of Information Officer: |
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Postal address: |
P.O.Box 8, Dalton, 3236 |
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Street address: |
Paardefontein farm, Dalton, 3236 |
Phone number: |
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Fax number: |
033 5041652 |
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 Tridot CC which are available without a person having to request access in terms of the Act, ie voluntary disclosure. [Section 51(1)(c)]
Tridot 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 Tridot CC does make certain information freely available to the public in various brochures, press releases, publications and on its Internet web site at www.tridot.co.za
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:
Close Corporations Act 69 of 1984
Income Tax Act 58 of 1962
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 Tridot 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 and on our website (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 head of the private body must 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 head of the private body 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 Tridot 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 Tridot CC does not give rise to any rights to access such information or records, except in terms of the Act.
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. In particular, where we act as professional advisors to clients, many of the records held are confidential and others are the property of the client and not of Tridot CC. 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 Tridot CC’s own affairs:
§ Founding Statements;
§ Financial records;
§ Intellectual property;
§ Marketing records;
§ Internal correspondence;
§ Service records;
§ Statutory records;
§ Minutes of meetings
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 of Tridot CC and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Tridot 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; and
§ 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 Tridot CC or a third party acting for or on behalf of Tridot CC (including financial, legal, tax, operational, employee and similar records);
§ Working papers and notes;
§ Any research conducted by Tridot CC in respect of its clients or research derived by Tridot CC from its clients and their activities;
§ Records, reports, designs and the like generated by Tridot CC for its clients;
§ Any records a third party has provided to Tridot CC, which concerns a client; and
§ Records generated by or within Tridot 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 Tridot 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 Tridot CC. The following records fall into this category:
§ Personnel, client, or Tridot CC records which are held by another party as opposed to being held by Tridot CC; and
§ Records held by Tridot 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 Tridot CC’s own commercial activities;
§ Procurement and administration for Tridot CC; and
§ Research information belonging to Tridot 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), from Tridot CC (see details above), and in electronic format at www.tridot.co.za
[not to be included in published manuals – only for web site and office copies]
(Section 53(1) of the Promotion of Access to Information Act, 2000
(Act No. 2 of 2000))
[Regulation 10]
The Managing Partner: “Name of firm”
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(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:
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This section must be completed ONLY if a request for information is made on behalf of another person. |
Full names and surname:
Identity number:
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(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:
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(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.
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Disability: |
Form in which record is required: |
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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. |
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1. If the record is in written or printed form: |
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copy of record* |
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inspection of record |
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2. If record consists of visual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.): |
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view the images |
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copy of the images* |
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transcription of the images* |
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3. If record consists of recorded words or information which can be reproduced in sound: |
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listen to the soundtrack (audio cassette) |
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transcription of soundtrack* (written or printed document) |
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4. If record is held on computer or in an electronic or machine-readable form: |
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printed copy of record* |
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printed copy of information derived from the record* |
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copy in computer readable form* (stiffy or compact disc) |
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* 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 |
NO |
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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
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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
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SIGNATURE OF REQUESTER / PERSON ON WHOSE BEHALF REQUEST IS MADE
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.