MANUAL IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT
TABLE OF CONTENTS
2. DEFINITIONS AND INTERPRETATION
4.THE HUMAN RIGHTS COMMISSION GUIDE IN TERMS OF SECTION 51(1)(b)
5. ACCESS TO RECORDS OR INFORMATION
6.1. FEES PAYABLE BY THE REQUESTER.
1. AIM OF THE MANUAL
This manual aims to set out the procedure to be followed when facilitating a request for access to records of Debt Counselling South Africa (Leigh King Admin Services cc) hereafter referred to as the Company. This Manual finds application in all situations and must be read together with The Promotion Of Access To Information Act 2 of 2000 (“PAIA” hereinafter).
2. DEFINITIONS AND INTERPRETATION
If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in the definition clause, effect will be given to it as if it were a substantive provision in the body of the agreement.
Headings of the clauses in this agreement are for the purpose of convenience and reference only and will not be used in the interpretation of nor modify nor amplify the terms of this agreement nor any clause hereof.
Any reference to a day, week, month or year will be construed as a Gregorian day, week, month or year, as the case may be.
Where any number of days is to be calculated from a particular day, such number shall be calculated as excluding such particular day and commencing on the next day. If the last day of such number so calculated falls on a day which is not a business day, the last day shall be deemed to be the next business day.
Any reference to any statute, regulation or other legislation shall be a reference to that statute, regulation or other legislation as at the signature date thereof, and as amended or substituted from time to time
Where any term is defined within the context of any particular clause, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, will bear the meaning ascribed to it for all purposes in terms of this agreement, notwithstanding that that term has not been defined in this interpretation clause.
Where an expression denotes:
- any gender, it includes the other genders;
- a natural person, it includes an artificial or juristic person and vice versa; or
- the singular, it includes the plural and vice versa.
The following expressions shall bear the meanings assigned to them below and
cognate expressions bear corresponding meanings:
This Manual means this document together with all of its annexures, as amended from time to time;
The company as described in paragraph 3 below;
PAIA (The Act) means the Promotion of Access to Information Act No. 2 of 2000, as amended from time to time including the regulations promulgated in terms of the Act;
3. THE COMPANIES DETAILS
| Directors | Leigh King, Zachariah King, Mel de Witt |
| Company registration number | 2006/194045/23 |
| Postal Address | 2 Villa Menton, 5 Weltevreden, Gardens, Cape Town, 8001, South Africa |
| Physical Address | 2 Villa Menton, 5 Weltevreden, Gardens, Cape Town, 8001, South Africa |
| Telephone Number | 0837002020 |
| Website | www.debtcounsellingsa.co.za |
| zak@debtcounsellingsa.co.za | |
| Information Officers’ Contact Details | 0837002020 |
4. THE HUMAN RIGHTS COMMISSION GUIDE IN TERMS OF SECTION 51(1)(b)
PAIA grants a requestor access to the records of a private body, if such records are required for the exercise or protection of any legally recognised rights or interest. If a public body lodges a request to access information or records, the public body must be acting in the public interest.
Any request to access records or information must be made in line with the prescribed forms, procedures and processes, and at the rates provided. The forms, procedures and processes are dealt with in PAIA.
Requesters are herewith referred to the guide in terms of section 10 of PAIA, which has been compiled by the South African Human Rights Commission and which will contain all the information pursuant to the exercising of constitutional rights. The guide can be found on the South African Human Rights Commission website.
The contact details of the South African Human Rights Commission are:
Postal address Private Bag 2700
Houghton
2041
Telephone : 0 11 484 8300
Telefax : 0 11 484 0582
Website : www.sahrc.org.za
5. ACCESS TO RECORDS OR INFORMATION
| Records that are automatically available | The following records are automatically available to all employees and need not be requested in accordance with the procedure outlined in this manual: Employment records (available to the employee concerned)Records relating to disciplinary hearings and related matters (available to the employee concerned) The following records are automatically available to all and need not be requested in accordance with the procedure outlined in this Manual: The Companies policies, procedures and manualsThe Companies marketing material (limited to materials in the public domain) |
| Records that are not automatically available in terms of section 51(1)(d) | RECORDS HELD BY THE COMPANY IN TERMS OF OTHER LEGISLATION IN TERMS OF 51(1)(D) OF THE ACT The following records are not automatically available without a request in terms of the Act: workmen’s compensation;UIF;regional services levies;skills development levies; anddocuments concerning compliance by the company, insofar as it may be necessary, with legal obligations in terms of the National Credit Act 34 of 2005, the Occupational Health and Safety Act No. 85 of 1993, Basic Conditions of Employment Act 75 of 1997, Employment Equity Act 55 of 1998, Labour Relations Act 66 of 1995, Promotion of Access to Information Act 2 of 2000 and any other applicable legislation. RECORDS HELD BY THE COMPANY IN TERMS OF OTHER LEGISLATION IN TERMS OF 51(1)(C) OF THE ACT The following records are not automatically available without a request in terms of the Act: Personnel information including personal information, employment history and health records that the company may hold from time to time;Training and development information;General files containing information on employee benefits and employee recruitment and selection information;Usage statistics;Equipment details;Costings of hardware and software;Financial records;A list of the company’s creditors and debtors;Salary information;Bank account information;Fixed assets register;Delivery and collection sheets; andList of suppliers. |
6. PROCEDURE TO FOLLOW WHEN REQUESTING INFORMATION OR RECORDS THAT ARE NOT AUTOMATICALLY AVAILABLE IN TERMS OF SECTION 51(1)(e)
Debt Counselling South Africa will only facilitate the processing of your request if the requester:
- Makes use of the prescribed form which is readily available on the South African Human Rights Commission website.
- The request is addressed to the information officer.
- Sufficient details are provided to enable the Company to reasonably identify:
- The record(s) requested;
- The capacity of the requester to request is verified;
- The access is required to protect a legally recognised right or interest;
- The requester provides his/her/their particulars of the manner in which they wish to be informed (postal address, email, etc.); and
- The right which the requester is seeking to exercise or protect is set out fully and accompanied by an explanation or reason as to why the record is required to exercise or protect said right.
The attention of the requester is drawn to the provisions of Chapter 4 of Part 3 of the Act in terms of which the Company may refuse, on certain specified grounds, to provide information to a requester.
6.1. FEES PAYABLE BY THE REQUESTER
A requester is required to pay the prescribed fees before a request will be processed. If the preparation of the record requested requires more than the prescribed six (6) hours, a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted). The Company may withhold the records or information requested until the fees have been paid.
The fees for reproduction of a record as referred to in section 52(3) are as follows:
| R1,10 | for every photocopy of an A4 size page or part thereof |
| R0,75 | for every printed copy of an A4-size page or part thereof |
| R70,00 | for a copy of a compact disc |
| R40,00 | for a transcript of visual images for an A4 size page or part thereof |
| R60,00 | for a copy of visual images |
| R20,00 | for a transcript of an audio record, for an A4-size page or part thereof |
| R30,00 | for a copy of an audio record |
| R50, 00 | for request fee payable by a requester |