Promotion of Access to Information Act

  1. Contact Details

    The PRIVATE BODY'S main business is the design and manufacture of resistance welding equipment for sale to the automotive industry and the manufacture of non-ferrous machined castings. It operates its business at 19 Lindsay Road, Korsten, Port Elizabeth, South Africa.

    The contact details of the PRIVATE BODY are as follows:

    • Head Person: Robert Exley
    • Postal Address: P.O. Box 4016, Korsten, Port Elizabeth, 6014
    • Physical Address: 19 Lindsay Road, Korsten, Port Elizabeth, 6001
    • Telephone: 041-4014800
    • Fax: 041-4513014

  2. Section 10 Guide on How to Use the Act

    The guide will be available from the South African Human Rights Commission by no later than August 2003. Please direct any queries to:

    • The South African Human Rights Commission
    • PAIA Unit
    • The Research and Documentation Department
    • Private Bag X2700, HOUGHTON, 2041
    • Tel: 27-11-4848300
    • Fax: 27-11-4840582
    • Website: www.sahrc.org.za
    • E-mail: paia [at] sahrc [dot] org [dot] za
  3. Records Required in Terms of any other Legislation

    The PRIVATE BODY may from time to time keep and have available certain records in terms of inter alia the following legislation:

    • Administration of Estates Act No. 66 of 1965.
    • Arbitration Act No. 42 of 1965.
    • Basic Conditions of Employment Act No. 75 of 1997.
    • Companies Act No. 61 of 1973.
    • Compensation for Occupational Injuries and Health Diseases Act No. 130 of 1993.
    • Consumer Affairs (Unfair Business Practices) 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.
    • Debtor Collectors Act No. 114 of 1998.
    • Employment Equity Act No. 55 of 1998.
    • Finance Act No. 35 of 2000.
    • Financial Services Board Act No. 97 of 1990.
    • Financial Relations Act No. 65 of 1976.
    • Harmful Business Practices Act No. 23 of 1999.
    • Income Tax Act No. 95 of 1967.
    • 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.
    • Long Term Insurance Act No. 52 of 1998.
    • Medical Schemes Act No. 131 of 1998.
    • Occupational Health & Safety Act No. 85 of 1993.
    • Pension Funds Act No. 24 of 1956.
    • Post Office Act No. 44 of 1958.
    • Protection of Businesses Act No. 99 of 1978.
    • Regional Services Councils Act No. 109 of 1985.
    • SA Reserve Bank Act No. 90 of 1989.
    • 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.
    • Tax on Retirement Funds Act No. 38 of 1996.
    • Trade Marks Act No. 194 of 1993.
    • Unemployment Contributions Act No. 4 of 2002.
    • Unemployment Insurance Act No. 63 of 2001.
    • Usury Act No. 73 of 1968.
    • Value Added Tax Act No. 89 of 1991.
  4. Access to the Records held by the Private Body

    4.1 Not applicable.

    4.2 Classification of records that may be requested.

    4.2.1 Administration

    Founding/Incorporation documents

    • Minutes of management meetings
    • Minutes of staff meetings
    • Correspondence
    • Legal records
    • Etc

    Human Resources

    • Staff recruitment policies
    • Employment contracts
    • Remuneration records and policies
    • Human resource policies and procedures
    • Statutory returns
    • Etc

    Operations

    • Leases
    • Licences, permits, approvals, authorisations, registrations and applications
    • Client/customer database
    • Product/service specifications
    • Sales, supply and distribution agreements
    • Etc

    Financial Documents and Records

    • Financial reports
    • Annual financial statements
    • Statutory returns
    • Assets register/records
    • Source documents
    • Etc

    4.3 The Request Procedures

    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

    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 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.

    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.

    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 the head of the private body.

    4.4 Grounds for Refusal of Access to Records

    The main grounds for the PRIVATE BODY to refuse for information relates to the:

    • mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person;
    • mandatory protection of the commercial information of a third party, if the record contains:
      • trade secrets of that third party;
      • financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party;
      • information disclosed in confidence by a third party to the PRIVATE BODY, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;
    • mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
    • mandatory protection of the safety of individuals and the protection of property;
    • mandatory protection of records which would be regarded as privileged in legal proceedings;

    the commercial activities of the PRIVATE BODY, which may include:

    • trade secrets of the PRIVATE BODY;
    • financial, commercial, scientific or technical information which disclosure of could likely cause harm to the financial or commercial interests of the PRIVATE BODY;
    • information which, if disclosed could put the PRIVATE BODY at a disadvantage in negotiations or commercial competition;
    • a computer program which is owned by the PRIVATE BODY, and which is protected by copyright.

    the research information of the PRIVATE BODY or a third party, if its

    • disclosure would disclose the identity of the PRIVATE BODY, the researcher or the subject matter of the research and would place the research at a serious disadvantage;
    • requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused.

    4.5 Remedies Available when a Private Body Refuses a Request for Information

    • Internal Remedies
      The PRIVATE BODY does not have an internal appeal procedure. As such, the decision made by the information officer is final, and requesters will have to exercise such external remedies at their disposal if the request for information is refused, and the requester is not satisfied with the answer supplied by the information officer.
    • External Remedies
      A requester that is dissatisfied with an information officer's refusal to disclose information, may within 30 days of notification of the decision, apply to a relevant Court for relief.

      Likewise, a third party dissatisfied with an information officer's decision to grant a request for information, may within 30 days of notification of the decision, apply to a Court for relief. For purposes of the Act, the Courts that have jurisdiction over these applications are the Constitutional Court, the High Court or another court of similar status.

    4.6 Decision

    • The PRIVATE BODY will, within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.
    • The 30 day period with which the PRIVATE BODY has to decide whether to grant or refuse the request, may be extended for a further period of not more than thirty days if the request is for a large amount of information, or the request requires a search for information held at another office of the PRIVATE BODY and the information cannot reasonably be obtained within the original 30 day period. The PRIVATE BODY will notify the requester in writing should an extension be sought.

    4.7 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:

    • The head of the private body must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request.
    • The fee that the requester must pay to a private body is R50. The requester may lodge an application to the court against the tender or payment of the request fee.
    • After the head of the private body has made a decision on the request, the requester must be notified in the required form.
    • If the request is granted, then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.
  5. Other Information as may be Prescribed

    The Minister of Justice and Constitutional Development has not made any regulations in this regard.
  6.  Availability of the Manual

    This manual is also available for inspection at our physical address as listed on page 2 free of charge. Copies are available with the SAHRC.