FOR
DIAL
DIRECT INSURANCE COMPANY LIMITED
(Hereinafter referred to as “DD”)
Prepared in accordance with section 51 of the Promotion of Access to
Information Act
Act 2 of 2000
1.
INTERPRETATION
In this manual, clause headings
are for convenience and shall not be used in its interpretation unless the
context clearly indicates a contrary intention -
1.1
an expression which denotes -
1.1.1
any gender includes the other
genders;
1.1.2
a natural person includes an
artificial or juristic person and vice versa;
1.1.3
the singular includes the plural
and vice versa;
1.2
the following expressions shall
bear the meanings assigned to them below and cognate expressions bear
corresponding meanings -
1.2.1
"Act" - 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;
1.2.2
"business day" -
any day other than a Saturday, Sunday or official public holiday in the
1.2.3
"manual" - this
manual together with all of its annexures, as amended from time to time;
1.2.4
"head" – the chief executive officer of DD;
1.2.5
"information officer" -
the person duly authorised by the head and appointed by DD to facilitate or
assist the head with any request in terms of the Act;
1.2.6
"DD" – Dial Direct Insurance
Company Limited (registration number …………………………)[R1] , a "private body" for
purposes of the Act;
1.3
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, and as amended or
substituted from time to time;
1.4
if any provision in a definition
is a substantive provision conferring a right or imposing an obligation on any
party then, notwithstanding that it is only in a definition, effect shall be
given to that provision as if it were a substantive provision in the body of
this manual;
1.5
a reference to a party shall
include a reference to that party’s successors and assigns;
1.6
a reference to a document includes
a reference to an amendment or supplement to or to a replacement or novation of
that document;
1.7
where any term is defined within a
particular clause other than this, that term shall bear
the meaning ascribed to it in that clause wherever it is used in this manual;
1.8
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 succeeding day which is a business day;
1.9
any reference to days (other than
a reference to business days), months or years shall be a reference to calendar
days, months or years, as the case may be;
1.10
the use of the word
"including" followed by a specific example/s shall not be construed
as limiting the meaning of the general wording preceding it and the eiusdem
generis rule shall not be applied in the interpretation of such general
wording or such specific example/s; and
1.11
insofar as there is a conflict in
the interpretation of or application of this manual and the Act, the Act shall
prevail.
Section
32 of the Constitution of the
(1)
Everyone
has the right of access to –
(a)
any
information held by the state; and
(b)
any
information that is held by another person and that is required for the
exercise or protection of any rights.
(2)
National
legislation must be enacted to give effect to this right, and may provide for
reasonable measures to alleviate the administrative and financial burden on the
state.
The
Promotion of Access to Information Act, 2 of 2000 (“the Act”), was assented to on 3 February 2000 to
give effect to section 32 of the Constitution, that is giving effect to the
constitutional right of access to any information held by the State and any
information that is held by another person and that is required for the
exercise or protection of any rights.
Where a request is made in terms of this Act, the private or public body
to whom the request is made is obliged to release the information, except where
the Act expressly provides that the information must not be released. The Act
sets out the requisite procedural issues attached to such request.
The
Act came into effect on
The Minister of Justice
and Constitutional Development exempted private bodies from compiling and
submitting section 51 manuals on
This manual is intended to foster a culture of transparency and accountability
within the Financial Services Industry as a whole, by giving effect to the
right to information that is required for the exercise or protection of any
right and to actively promote a society in which the people of
In order to promote effective governance of private bodies, it is
necessary to ensure that everyone is empowered and educated to understand their
rights in terms of the Act in order for them to exercise their rights in
relation to public and private bodies.
Section 9 of the Act however recognises that such right to access to
information cannot be unlimited and should be subject to justifiable
limitations, including, but not limited to –
• Limitations aimed at the reasonable protection of privacy;
• Commercial confidentiality; and
• Effective, efficient and good governance;
and in a manner which balances that right with any other rights,
including such rights contained in the Bill of Rights in the Constitution.
4.1.
Any person who requires
information for the exercise or protection of any rights, may request
information from a private body. Section 50 of the Act states that -
(1)
A
requester must be given access to any record of a private body if –
(a)
that
record is required for the exercise or protection of any rights;
(b)
that
person complies with the procedural requirements in this Act relating to a
request for access to that record; and
(c)
access
to that record is not refused in terms of any ground for refusal contemplated
in Chapter 4 of this Part.
4.2.
A requester is
any person making a request for access to a record of DD.
There are two types of requesters -
4.2.1.
PERSONAL REQUESTER
Personal requester is a requester who is seeking access to a
record containing personal information about the requester.
DD will voluntarily provide the requested information, or give
access to any record with regard to the requester’s personal information.
The prescribed fee for reproduction of the information requested
will be charged.
4.2.2.
OTHER REQUESTER
This requester (other than a personal requester) is entitled to
request access to information on third parties. However, DD is not obliged to
voluntarily grant access. The requester must fulfil the prerequisite requirements
for access in terms of the Act, including the payment of a request and access
fee.
5.1.
In terms of section 10 of the Act,
the Human Rights Commission must compile a guide by
5.2.
The South African Human Rights
Commission’s contact details are as follows -
The South African HUMAN
RIGHTS COMMISSION,
at PAIA Unit (THE RESEARCH
AND DOCUMENTATION DEPARTMENT),
Private Bag X2700, HOUGHTON,
2041;
Telephone Number: (011)
484-8300;
Facsimile Number: (011)
484-1360;
The above guide is available
from website: www.sahrc.org.za;
E-mail
Address: PIAI@sahrc.org.za.
Any person who wishes to request
any information from DD with the object of protecting or exercising a right may
contact the information officer whose contact details are as follows -
6.1.1.
POSTAL ADDRESS
The
Information Officer
Dial
Direct Insurance Company Limited
2000
6.1.2.
PHYSICAL ADDRESS
Investment
Place
Block
B
2196
Tel:
(011) 428-1228
Fax
(011) 429-1138
e-mail
address: angelohaggs@telesure.co.za
6.2.1.
In terms of section 53, a request
for access to a record of DD must be made in the prescribed form (attached
hereto as Appendix 1) to DD at the
address, fax number or electronic mail address given above. The form requires
the requestor to provide the following information:
§
sufficient information to enable
the information officer to identify the requestor;
§
sufficient information to enable
the information officer to identify the record(s) requested;
§
the form of access required;
§
the requestor’s postal address or
fax number;
§
identification of the right sought
to be exercised or protected;
§
an explanation on why the record
is required to exercise or protect that right;
§
the manner in which the requestor
wishes to be informed of the decision on the request, if in a manner in
addition to written notification; and
§
if the request is made on behalf
of a person, the submission of proof of the capacity in which the requestor
makes the request, to the satisfaction of the information officer.
6.2.2.
DD will
process the request within 30 days, unless the requestor has stated special
reasons which would satisfy the Information Officer that circumstances dictate
that the above time periods not be complied with.
6.2.3.
The requester
shall be informed whether access has been granted or denied in writing.
6.2.4.
If, in
addition, the requester requires the reasons for the decision in any other
manner, he must state the manner and the particulars so required.
6.2.5.
If an
individual is unable to complete the prescribed form because of illiteracy or
disability, such a person may make the request orally.
6.2.6.
The
requester must pay the prescribed fee, before any further processing can take
place.
6.2.7.
Requestors please note that all of
the information as listed above should be provided, failing which the process
will be delayed while the private body requests such additional information.
The prescribed time periods will not commence until all pertinent information
has been furnished on the private body by the requestor.
6.2.8.
Records held by
DD may be accessed by requests only once the prerequisite requirements for
access have been met.
6.3.1.
Payment of fees is regulated in
terms of section 54 of the Act. The Regulations to the Act provide for two
types of fees -
6.3.1.1.
REQUEST FEE
This
is a non- refundable administration fee paid by all requestors with the
exclusion of personal requestors. It is paid before the request is considered.
6.3.1.2.
ACCESS FEE
This
is paid by all requestors only when access is granted. This fee is intended to
re-imburse the private body for the costs involved in searching for a record
and preparing it for delivery to the requestor.
6.3.2.
The information officer must give
written notice to a requestor other than a personal requestor of the request
fee and amount to be paid before the request may be further processed.
6.3.3.
If in the information officer’s
opinion the search for a record, or preparation of
the
record for disclosure will require more than the prescribed hours, the information
officer may require the requestor to pay a deposit, not being more than one
third of the access fee that would be payable if the request is granted. If the
request is declined, the deposit must be repaid to the requestor.
6.3.4.
The notice given by the information
officer must advise the requestor that s/he has a right to apply to court
against the payment of the request fee or deposit, and also advise of the
procedure of the application.
6.3.5.
The
Information Officer shall withhold a record until the requester has paid the
fees as indicated in Appendix
2, attached hereto.
6.3.6.
If a
deposit has been paid in respect of a request for access, which is refused,
then the Information Officer concerned must repay the deposit to the requester.
The
following records are automatically available without
a person having to request access in terms of the Act.
7.1.1.
STATUTORY
RECORDS
§
Memorandum
of association;
§
Articles
of association;
§
Certificate
of incorporation;
§
Certificate
to commence business;
§
Register
of directors;
§
Form CM5 –
reservation of name;
§
Form CM8 –
defensive names;
§
Form CM9 –
change of name;
§
Form CM15
– allotment of shares;
§
Form CM22
– registered office;
§
Form CM25
– waive period of notice of meeting;
§
Form CM26
– special resolutions;
§
Form CM27
– consent to act as a director;
§
Form CM29
– directors and officers;
§
Form CM31
– appointment/resignation of auditors; and
§
Form CM32
– change of year-end.
7.1.2.
Corporate communications
§
Corporate
policies;
§
Corporate
overview presentation;
§
Presentations;
and
§
Corporate
mission statement.
7.1.3
Human Resources
§
Employment
Equity returns to the Dept of Labour;
§
Work
skills development plan submitted to Insurance SETA;
§
Personnel
records are available to the employee whose file it is;
§
Records of
disciplinary hearings and related matters are available to the employee
concerned;
§
The
company's policies and procedures;
§
The
company’s staff handbook; and
§
Standard
Terms and Conditions of Employment applicable to all Staff.
7.1.4.
Intellectual property
§
DD’s
copyright, designs, logos, trademarks (collectively “intellectual property”).
7.2.
records which are available in accordance with any
other legislation In terms of Section 51(1)(d)
Records are available in accordance with the
following current South African legislation (only to the extent that the
relevant Act makes disclosure of records compulsory) –
§
The
Occupational Health and Safety Act No. 29 of 1996;
§
Consumer
Affairs (Unfair Business Practices) Act No. 71 of 1988;
§
The
Compensation for Occupational Injuries and Disease Act No. 130 of 1993;
§
Intellectual
Property Laws Amendments Act No. 38 of 1997;
§
Income Tax
Act No. 95 of 1967
§
The Value
Added Tax Act No. 89 of 1991;
§
The Income
Tax Act No. 58 of 1962;
§
The
Companies Act No. 61 of 1973
o
All documents of incorporation of DD are
lodged at the offices of the Registrar of Companies, and may be inspected
there. The documents include the memorandum and articles of association of the
company, as well as the relevant forms.
o
Special resolutions are lodged with the
Registrar of Companies, and are therefore available for inspection.
o
Registers of the directors’ and officials’
interests in contracts entered into by the company are kept at the registered
office of the company, and are available for inspection.
§
Basic Conditions of Employment Act No. 75
of 1997;
§
Employment Equity Act No. 55 of 1998, as a
designated employer, DD has lodged copies of employment equity plans at the
Department of Labour in terms of the Employment Act no 55 of 1998;
§
The Labour Relations Act No. 66 of 1985;
§
Skills Development Levies Act No. 9 of 1999
§
Skills Development Act No. 97 of 1998, as a
designated employer, DD attends to the continuous and regular payment of it’s
skills development levies in terms of the Skills Development Act No. 97 of
1998;
§
Usury Act No 73 of 1968;
§
The Pension Funds Act No. 24 of 1956;
§
The National Credit Act;
§
The Competition Act No. 89 of 1998;
§
The Electronic Communications and
Telecommunications Act 25 of 2002;
§
The Short Term Insurance Act 53 of 1998;
and
§
The Financial Advisory and Intermediary
Services Act 37 of 2002.
The aforementioned records are not automatically
available without a request in terms of the Act, as contemplated in paragraph 6
hereof. The Information officer will take into
considerations section 8 of the manual to decide on whether or not access to
any of the information stated above should be given to the requester.
7.3.
RECORDS HELD BY DD AND
AVAILABLE AS CONTEMPLATED IN
SECTION 51(1)(e) OF THE ACT
7.3.1
STRATEGIC RECORDS
§
Administration
Records;
§
Internal
Reports and Communications; and
§
Strategic
Plans and Supporting Documentation
§
Contracts and Agreements;
§
Property Records;
§
Intellectual Property Rights Records (Trademarks, Patents, Registered Designs
and Copyright);
§
Investment Records;
§
Share Registration Records;
§
Statutory Records;
§
Minute Books;
§
Internal Reports and Communications;
§
List of Suppliers;
§
List of Debtors and Creditors;
§
Insurance Policies;
§
Lease Agreements;
§
§
Tender Contracts;
§
Employees travel records;
§
Internal Policies and procedures; and
§
General correspondence.
7.3.3.
FINANCE
§
Tax
Records;
§
Corporate
and Subject Records;
§
Administrative
Records; and
§
Internal
Reports and Communications.
7.3.4.
INTERNAL AUDIT
The
purpose of Internal Audit’s is to provide the management within DD with
independent assurance that risks are being appropriately managed nationally.
Internal Audit records comprise the following categories -
§
Risk
Management Records;
§
General
Correspondence;
§
Audit
Practice Records;
§
Compliance
Records;
§
General
Administration Records; and
§
Audit
Reports and Supporting Working Papers.
The Accounting department maintains financial and management accounts
for DD. Corporate Account records comprise the following main categories -
§
Accounting
Records;
§
Investment
Records;
§
General
Correspondence;
§
Management
Reports;
§
Transactional
Records;
§
VAT
Records;
§
PAYE
Records;
§
Tax
Records;
§
Consolidation
Records;
§
Internal
Reports and Communications;
§
A list of
the company's creditors and debtors;
§
Salary
information;
§
Bank
account information; and
§
Fixed
assets register.
The Legal department provides assistance with all corporate legal
matters material to the Legal department records comprise the following
categories -
§
Bills and
Legislation;
§
Intellectual
Property Documentation/ Licences
§
Powers of
Attorney;
§
Working
Files;
§
General
Correspondence;
§
Copies of
Agreements;
§
Statutory
Records
§
Litigation
Records;
§
Legal
Records, Contracts and Documentation;
§
Internal
Reports and Communications;
§
Various
Business Contracts;
§
Compliance
and legal risk management documentation; and
§
Legal
Opinions and Research.
7.3.7.
Procurement
§
Procurement
Policies and Procedures;
§
Procurement
Forms;
§
Provider/Supplier
Lists;
§
Provider/Supplier
Agreements and Service Level Standards; and
§
Administrative
Records.
§
Employee's
personal details;
§
Job
Profiles;
§
Division
and Cost Centres;
§
Remuneration;
§
Various
Employee Contracts;
§
Medical
Aid
§
Employee
Benefits;
§
Employment
equity records;
§
Disciplinary
records;
§
Job
competency profile;
§
Employee
performance contract;
§
Training
records / Skills development plans;
§
Internal
Policies and Procedures;
§
General
correspondence; and
§
Employee
Assistance Programme Reports and Evaluations.
7.3.9.
CALL CENTRE
§
Management
Records;
§
Administration
Files;
§
Various
Consumer & Entity Data Records;
§
Procurement
of Data Records including scanning and court agent records;
§
Consulting
Documentation;
§
Quality
Assurance Policies, Procedures and Reports;
§
Data
Compliance Records; and
§
Logistics
Documentation
§
Call
Centre Quality Assurance Procedures; and
§
Call
Centre Data and Records.
7.3.10.
ICT (Information Communication Technology)
These
records relate to developing, implementing and supporting ICT policies,
standards and best practice in DD and comprise the following main categories:
§
General
Correspondence;
§
Policy
Records;
§
Facilities
Records;
§
Project
Management Records;
§
Helpdesk
Records; and
§
Intranet
Communication.
7.3.11.
MARKETING
§
Marketing
Records;
§
Administration
Files;
§
Company
brochures and publications;
§
Documents
relating to public relation events;
§
Advertising
Material;
§
Company
media releases;
§
Documentation
for Insurance, Special Projects, Value Added Product Initiatives marketing
information;
§
Project
Management Records; and
§
Research
and Development Records.
§
Industry,
delivery, size and product –specific data
§
Client
Lists;
§
Budgets;
and
§
Management
Information Statistics
8.
INFORMATION REQUESTED ABOUT A
THIRD PARTY
8.1.
The private body may possess
records pertaining to other parties, including without limitation, contractors,
suppliers, subsidiary/holding/sister companies, joint venture companies,
service providers. Alternatively, such other parties may possess records which
can be said to belong to the private body. The following records fall under
this category -
§
Personnel, customer
or private body records which are held by another party as opposed to being
held by the private body; and
§
Records
held by the private body pertaining to other parties, including without
limitation financial records, correspondence, contractual records, records
provided by the other party, and records third parties have provided about the
contractors / suppliers.
8.1.
Section 71 of the Act makes provision for a request for
information or records about a third party.
8.2.
In considering such a request, DD will adhere to the
provisions of sections 71 to 74 of the Act.
The attention of the
requester is drawn to the provisions of Chapter 5, Part 3 of the Act in terms
of which DD is obliged, in certain circumstances, to advise third parties of requests
lodged in respect of information applicable to or concerning such third
parties. In addition, the provisions of
Chapter 2 of Part 4 of the Act entitle third parties to dispute the decisions
of the head or the request liaison officer by referring the matter to the High
Court.
If
the request is for a record pertaining to a third party, the information
officer must take all reasonable steps to inform that third party of the
request. This must be done within 21 days of receipt of the request. The manner
in which this is done must be in the fastest means reasonably possible, but if
orally, the information officer must thereafter give the third party a written
confirmation of the notification. The third party may within 21 days thereafter
either make representation to the private body as to why the request should be
refused, alternatively grant written consent to the disclosure of the record.
The third party must be advised of the decision taken by the information
officer on whether to grant or decline the request, and must also be advised of
his/her/its right to appeal against the decision by way of application to court
within 30 days after the notice.
9.1
In terms of Section 55, the
information officer will take all reasonable steps to find a record that has
been requested. If the record cannot be
found or does not exist, the information officer must notify the requestor by
way of affidavit or affirmation that it is not possible to give access to the
record. This is deemed to be a refusal of the request. If, however, the record
is later found, the requestor must be given access if the request would
otherwise have been granted.
9.2
Section 56 provides that the
information officer must within 30 days of receipt of a correctly completed request
notify the requestor of the decision as to whether or not to grant the request.
If the request is -
§
Granted: the notification must
state the applicable access fee required to be paid, together with the
procedure to be followed should the requestor wish to apply to court against
such fee, and the form in which access will be given.
§
Declined: the notification must
include adequate reasons for the decision, together with the relevant
provisions of the Act relied upon, and provide the procedure to be followed
should the requestor wish to apply to court against the decision.
9.3
The information officer may extend
the period of 30 days by a further period not exceeding 30 days if -
§
the request is for a large number
of records or requires a search through a large number of records;
§
the request requires a search for
records located in a different office of the private body not situated in the
same city;
§
consultation between divisions of
the private body, or with another private body is required; or
§
the requestor consents to the
extension.
9.3.1
The requestor must be notified
within the initial 30 day period in writing of the extension, together with
reasons therefor, and the procedure involved should the requestor wish to apply
to court against the extension.
9.3.2
The information officer’s failure
to respond to the requestor within the 30 day period constitutes a deemed
refusal of the request.
9.4
Section 59 provides that the
information officer may sever a record and grant access only to that portion
which the law does not prohibit access to.
9.4.1
If access is granted, access must
be given in the form that is reasonably required by the requestor, or if the
requestor has not identified a preference, in a form reasonably determined by
the information officer.
Notwithstanding
compliance with section 50, the request may be declined in accordance with one
of the prescribed grounds in terms of the Act, namely –
§
trade secrets;
§
financial, commercial, scientific
or technical information where disclosure would be likely to cause harm to the
commercial or financial interests of that third party; or
§
information supplied in confidence
by the third party, the disclosure of which could reasonably be expected to put
the third party at a disadvantage in contractual or other negotiations, or
prejudice the third party in commercial competition.
The
information must, however, be released if it pertains to the results of product
or environmental testing, the disclosure of which would reveal a serious public
safety or environmental risk.
10.3
Section 65 prohibits disclosure of
information if such disclosure would constitute a breach of any duty of confidentiality
owed to a third party in terms of an agreement.
10.4
In terms of section 66, a private
body must refuse a request for access to a record of the body if disclosure
could reasonably be expected to -
§
endanger the life or physical
safety of an individual;
§
prejudice or impair the security
of a building, structure or system, including but not limited to a computer or
communication system, means of transport or any other property
§
The private body may also refuse a
request for access to information which would prejudice methods, systems, plans
or procedures for the protection of an individual in accordance with a witness
protection scheme or safety of the public.
10.5
Section 67 mandates the refusal of
a request if the record is privileged from production in legal proceedings,
unless the person entitled to the privilege has waived the privilege.
10.6
Section 68 pertains to records
containing information about the private body itself and unlike the other
provisions pertaining to decline of a request, is not mandatory, but rather
discretionary. DD may refuse access to a record if the record -
§
contains trade secrets of DD;
§
contains financial, commercial,
scientific or technical information, the disclosure of which would be likely to
cause harm to the commercial or financial interests of DD;
§
contains information which, if
disclosed, could reasonably be expected to put the private body at a
disadvantage in contractual or other negotiations, or prejudice DD in
commercial competition; or
§
consists of a computer program owned
by DD.
Notwithstanding
the above, the information must be released if it pertains to the results of
product or environmental testing, the disclosure of which would reveal a
serious public safety or environmental risk.
10.7
Section 69 prohibits the disclosure
of information about research where disclosure is likely to expose the third
party, the person conducting the research on behalf of the third party, or the
subject matter of the research to serious disadvantage. Disclosure is
discretionary if such research pertains to DD itself.
10.8
Notwithstanding any of the
above-mentioned provisions, section 70 provides that a record must be disclosed
if its disclosure would -
§
reveal evidence of a substantial
contravention of or failure to comply with the law, imminent and serious public safety or
environmental risk; and
§
if the public interest in the
disclosure clearly outweighs the harm.
11.1
INTERNAL REMEDIES
DD does not have internal appeal procedures. As such, the decision
made
by the Information Officer is final, and requestors will have to
exercise such external
remedies at their disposal
if the request for information is refused, and the requestor is not satisfied
with the answer supplied by the Information Officer.
A
requestor that is dissatisfied with the information officer’s refusal to grant
access to any information may, within 30 days of notification of the decision,
apply to court for relief. Likewise, a third party dissatisifed with the
information officer’s decision to grant a request may, within 30 days of
notification of the decision, apply to court for relief.
It
should be noted that notwithstanding any provision in this Act, the court may
examine the record(s) in question. No record may be withheld from the court on
any grounds. The court may not, however, disclose the contents of the
record(s).
The
court is empowered to grant any order that is just and equitable, including:
§
confirming, amending or setting
aside the information officer’s decision
§
requiring the information officer
to take any action, or refrain from taking any action as identified by the
court within a specified period;
§
granting an interdict, interim or
special relief, declaratory order or compensation; or costs.
12
AVAILABILITY OF THE MANUAL
This manual is made available in terms of Regulation Number R. 187 of
A copy
of the manual is available from the Human Rights Commission of South Africa.
The manual will also be available on the website of DD, at www.dialdirect.co.za
13
DISCLAIMER
The
manual does not purport to be exhaustive of or to comprehensively deal with
every procedure provided for in the Act.
A requester is advised to familiarise him/her/itself with the provisions
of the Act before lodging any request with DD.
APPENDIX
1
REQUEST FOR ACCESS TO RECORD OF DD
(In terms of Section 53 (1) of the Act and Regulation
10)
A. Particulars of DD
("private body")
The Head:
……………………………………………………………………………………………………………..
……………………………………………………………………………………………………………..
……………………………………………………………………………………………………………..
B. Particulars of person
requesting access to the record
|
(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:
……………………………………………………………………………………………………………..
C. Particulars of person on
whose behalf request is made
|
This section must be completed
ONLY if a request for information is made on behalf of another person. |
Full names and surname: …………………………………………………………………………..
Identity number: …………………………………………………………………………..
D. Particulars of record
|
(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: …………………………………………………………
……………………………………………………………………………………………………………..
……………………………………………………………………………………………………………..
……………………………………………………………………………………………………………..
E. Fees
|
(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. |
|
Disability |
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 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. |
|
1. If the
record is in written or printed form - |
||||||||
|
|
copy of record* |
|
inspection of record |
|||||
|
2. If the
record consists of visual images - (this includes photographs, slides, video recordings, computer
generated images, sketches, etc.) |
||||||||
|
|
view the images |
|
copy of the images* |
|
transcription of the images* |
|||
|
3. If record
consists of recorded words or information which can be reproduced in sound - |
||||||||
|
|
listen to the soundtrack (audio cassette) |
|
transcription of soundtrack* (written or printed document) |
|||||
|
4. If record
is held on computer or in an electronic or machine‑readable form |
||||||||
|
|
printed copy of record* |
|
printed copy of information derived from the record* |
|
copy in computer readable form* (stiffy or compact disc) |
|||
|
*If you requested a copy or transcription of a
record (above, do you wish the copy or transcription to be posted to you? A postal fee is payable. |
YES |
NO |
||||||
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.
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
|
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 2007
SIGNATURE
OF REQUESTER/PERSON ON WHOSE BEHALF REQUEST IS MADE
______________________________________
APPERDIX
2
FEES IN RESPECT OF PRIVATE BODIES
In respect of documents
pertaining to categories of records that will automatically be made available
to any person requesting access thereto, the only charge that may be levied for
obtaining such records, will be a fee for reproduction of the record in
question.
Reproduction Fees -
• For every
photocopy of an A4-size page or part thereof R1,10
• For every
printed copy of an A4-size page or part thereof held on a computer or in
electronic or machine readable form R0,75
• For a copy in
a computer-readable form on –
• A
transcription of visual images, for an A4-size page or part thereof R40,00
• For a copy of
visual images R60,00
• A
transcription of an audio record, for an A4-size page or part thereof R20,00
• For a copy of
an audio record R30,00
Request Fees -
Where a
requester submits a request for access to information held by DD on a person
other that the requester himself/herself, a request fee in the amount of R50,00
is payable up-front before DD will further process the request received.
Access fees -
An access fee
is payable in all instances where a request for access to information is
granted, except in those instances where payment of an access fee is specially
excluded in terms of the Act or an exclusion is determined by the Minister in
terms of Section 54 (8).
The applicable access fees which will be payable are -
• For every
photocopy of an A4-size page or part thereof R1,10
• For every
printed copy of an A4-size page or part thereof held on a computer or in
electronic or machine readable form R0,75
• For a copy in
a computer-readable form on -
• A
transcription of visual images, for an A4-size page or part thereof R40,00
• For a copy of
visual images R60,00
• A
transcription of an audio record, for an A4-size page or part thereof R20,00
• For a copy of
an audio record R30,00
• To search for
a record that must be disclosed R30,00
(Per hour or
part of an hour reasonably required for such search.)
• Where a copy
of a record needs to be posted the actual postal fee is payable.
Deposits -
Where DD
receives a request for access to information held on a person other than the
requester himself/herself and the information officer upon receipt of the
request is of the opinion that the preparation of the required record of disclosure
will take more than 6 (six) hours, a deposit is payable by the requester.
The amount of
the deposit is equal to 1/3 (one third) of the amount of
the applicable access fee.
Note:
In terms of Regulation 8, Value Added Tax (VAT) must be added to all fees
prescribed in terms of the Regulations.
APPENDIX 3
AUTOMATICALLY AVAILABLE RECORDS
AND ACCESS TO SUCH RECORDS
(In terms of Section 52 of the Act and Regulation 9A)
|
DESCRIPTION
OF CATEGORIES OF RECORDS AUTOMATICALLY AVAILABLE IN TERMS OF SECTION 52 (1)
(a) OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000. |
MANNER
OF ACCESS TO RECORDS AS CONTEMPLATED BY SECTION 52 (1) (b) OF THE PROMOTION
OF ACCESS TO INFORMATION ACT, 2000. |
|
FOR INSPECTION IN TERMS OF SECTION 52 (1) (a) (i) |
|
|
1.
Corporate Communications §
Media releases; §
Advertising; 2.
Intellectual Property §
Copyright, designs, logos, trandemarks etc. |
Corporate Communications §
Website Intellectual Property §
Website |
|
FOR PURCHASING IN TERMS OF SECTION 52 (1) (a) (ii) |
|
|
3. Statutory Recor | |