A COPY OF THE MANUAL WILL BE AVAILABLE FOR INSPECTION AT THE FOLLOWING PLACES:
The South African Human Rights Commission
Private Bag 2700
Houghton
2041
MARRICK – SAFARI
DOUGLAS RD
Kimberley
8301
E-mail: trevor@marrick-safari.com
Trevor Datnow
Marrick-Safari
P O Box 2850
Kimberley
8301
TABLE OF CONTENTS
1. Introduction 3
2. Group overview and structure 3
3. Scope of the Manual 3
4. Our corporate philosophy on access to information that we hold 3
5. Administration of the Act 4
6. Form of records 4
7. Subjects and corresponding categories of records we hold 4
8. Records that can be accessed without a formal request 5
9. Procedures to follow when submitting a formal request of access to a record 5
10. Denial of access 7
11. Fees 8
12. Request for access to information about third parties 8
13. Records that cannot be found or that do not exist 8
1. Introduction
The Promotion of Access to Information Act of 2000 came into effect in March 2001. The purpose of this Act is to give effect to the constitutional right of access to any information held by public or private bodies, and which is required for the exercise or protection of any rights.
The Human Rights Commission is responsible for compiling a guide that provides details on how to use the Act. The guide is currently not available from the Human Rights Commission. Please direct any further queries in this regard to:
The South African Human Rights Commission:
PAIA Unit
The Research and Documentation Department
Postal Address: Private Bag 2700
Houghton
2041
Phone: (011) 484 8300
Fax: (011) 484 0582
E-mail: PAIA@zahrc.org.za
Website: www.sahrc.org.za
In terms of Section 51(1) of the Promotion of Access to Information Act, all heads of private bodies are required to compile a manual that provides information regarding the subjects and categories of records held by such private bodies. This manual is intended to fulfil this requirement.
Accordingly, this manual provides a reference to the records we hold and the process that needs to be adopted to access such records. All requests for access to information (other than information that is available to the public) should be addressed to the contact person as identified in section 5 of this manual, as he/she is our designated Information Officer.
2. Business overview and structure
T. Datnow (Marrick-Safari) is a Game farm and Guest house and rendered services as such.
3. Scope of the Manual
The manual is applicable to the business of T. Datnow.
4. Our philosophy on access to information that we hold
T. Datnow is in support of the Act.
5. Administration of the Act
T. Datnow is the Chief Executive Officer and the responsible person for the administration and compliance of the Act.
Accordingly, all requests for access to records should be addressed to:
Contact person: T. Datnow
Postal address: P O Box 2850, Kimberley, 8300
Physical address: Marrick-Safari, Douglas RD, Kimberley, 8301
Phone number: 053-833 7004
Fax number: 053-833 7425
E-mail address: trevor@marrick-safari.com
6. Form of records
Our records can be found in various forms including:
· Electronic; and
· Paper
7. Subjects and corresponding categories of records we hold
To facilitate the easy identification of the records we hold, we have categorised our records per subject area. The table below provides an indication of the subjects of information that we hold and the corresponding categories:
|
Subjects |
Categories |
|
Finance
|
· Tax records (business) · General correspondence · Budgets · Information relating to financial transactions · Banking records · Contracts |
|
Sales and Marketing |
· General correspondence |
|
Sundry |
· Clients records |
8. Records that can be accessed without a formal request
None.
Additionally, we are required to ensure that certain records are available, in terms of the following Acts:
Ñ The Occupational Health and Safety Act, no. 85 of 1993;
Ñ Income Tax Act, no. 58 of 1962;
Ñ The Compensation for Occupational Injuries and Diseases Act, no. 130 of 1993;
Ñ Regional Services Council Act, no. 109 of 1985;
Ñ Customs and Excise Amendment Act, no. 45 of 1995;
Ñ South African Revenue Services Act, no. 34 of 1997;
Ñ The Constitution of the Republic of South Africa no. 108 of 1996
Notification of the availability of these records in terms of these Acts is periodically given to the Cabinet Minister of Justice.
9. Procedures to follow when submitting a formal request of access to a record
A request for access to a record that does not fall within the categories identified in Paragraph 8 of this manual must be done formally either via conventional mail or fax.
The request should be in the prescribed format as defined in Regulation 10 and Form C of Annexure B of Government Notice Number 187, of 15 February 2002. A request form is also available from our offices. The prescribed request fee should be attached (refer to Paragraph 11 of this manual for more details on the fees).
Our Information Officer will respond to your request within 30 days of receiving the request by indicating whether your request for access has been granted.
Please note that the successful completion and submission of an access request form does not automatically allow the requestor access to the requested record.
The request form must be completed as follows:
· Type or print in BLOCK LETTERS and answer every question.
· If an answer does not apply, state “N/A” in response to that question.
· If there is nothing to disclose in reply to a particular question, state “nil” in response to that question.
· If there is insufficient space on a printed form in which to answer a question, additional information may be provided on a separate page that is clearly marked and refreshed.
If access to a record/information is granted, our response will include:
· An indication of the access fee that should be paid upon gaining access (if any);
· An indication of the form in which the access will be granted;
· A notice that you may lodge an application with the court against the access fee to be paid or the form of the access, including guidance on the procedure for lodging the application.
If access to a record/information is denied, our response will include:
· Adequate reasons for the refusal; and
· Notice that you may lodge an application with the court against the extension and the procedure including the period, for lodging the application. For details on the procedure, please refer to Chapter 2 of Part 4 of the Promotion of Access to Information Act.
Assuming your request of access is granted, you will be able to gain access to the requested records as soon as is reasonably possible and once the access fee has been paid.
Access will be granted to a record if the following criteria are fulfilled:
· The record is required for the exercise of protection of any right;
· The requestor complies with the procedural requirements in the Act relating to a request; and
· Access to the record is not refused in terms of any ground for refusal as contemplated in Chapter 4 of Part 3 of the Act.
10. Denial of access
Access may be refused under limited circumstances including:
· Protection of personal information that we hold about a third person (who is a natural person) from unreasonable disclosure;
· Protection of commercial information that we hold about a third party (for example trade secrets: financial, commercial, scientific or technical information that may harm the commercial or financial interest of a third party);
· If disclosure would result in a breach of a duty of confidence owed to a third party;
· If disclosure would jeopardise the safety or life of an individual;
· If disclosure would prejudice or impair the security of property or means of transport;
· If disclosure would prejudice or impair the protection of a person in accordance with a witness protection scheme;
· If disclosure would prejudice or impair the protection of the safety of the public;
· The record is privileged from production in legal proceedings unless the privilege has been waived;
· If the record is a computer programme;
· Disclosure of the record will put at a disadvantage in contractual or other negotiations or prejudice it in commercial competition;
· Disclosure of the record (containing trade secrets, financial, commercial, scientific, or technical information) would harm the commercial or financial interest of T.Datnow; and
· Records containing information about research being carried out or about to be carried out on behalf of a third party.
11. Fees
The applicable fees are prescribed in terms of the regulations that relate to the Promotion of Access to Information Act. There are two basic types of fees applicable in terms of the Promotion of Access to Information Act – “request” and “access” fees. The non-refundable request fee (currently R57 inclusive of VAT) is payable on submission of the request for access to a record (unless the request is for personal records of the requestor in which event there is no applicable fee). The access fee is payable prior to gaining access to the records in the required form. The applicable fees are prescribed in Regulation 11 and Annexure A (Part III) in the Regulations regarding the Promotion of Access to Information (No 187 of 15 February 2002).
12. Request for access to information about third parties
If you request access to a record that contains information about a third party, we are obliged to attempt to contact this third party to inform them of the request and to give them an opportunity to respond by either consenting to the access or by providing reasons why the access should be denied.
In the event that the third party furnishes reasons for the support or denial of access, our designated Information Officer will consider these reasons in determining whether access should be granted. You may appeal against a refusal of access by our Information Officer. Please refer to Part 4 of the Promotion of Access to Information Act for further details on the Appeal Process.
13. Records that cannot be found or that do not exist
If we searched for a record and believe that it either does not exist or cannot be found, we will notify you by way of an affidavit of affirmation that is not possible to give you access to the requested record as we are unable to locate it. We will also provide you with details on the steps that were taken to try to locate the record.
If at a later stage the record is located, we will grant you access, provided that access is not prohibited in terms of Chapter 4 of Part 3 of the Promotion of Access to Information Act.