PAIA Manual

PAIA

Promotion of Access to Information

This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) ("the Act"). The Act gives effect to the provisions of Section 32 of the Constitution.

1.  COMPANY AND CHIEF EXECUTIVE OFFICER DETAILS

1.1 Company Details
EVAC24 (Pty) Ltd
Reg. No: 2013/133649/07

1.2 Chief Executive Officer Details
Chief Executive Officer Mr. TL Sandiford
Street Address: Postal Address:
9 Regency Drive , P.O. Box 11247
Route 21 Office Park, Erasmuskloof
Irene 0048

Tel No. (012) 450 2220
e-Mail address of C.E.O. trent@loyaltylife.co.za

2 GUIDE ON HOW TO USE THE ACT (SECTION 10)

Section 10 of the Act requires a guide that must be published by the Human Rights Commission containing such information as may reasonably be required by a person who wishes to exercise any right contemplated in the Act. Enquiries regarding the Guide can be addressed to the SAHRC, the contact details of which are as follows:

Post: South African Human Rights Commission
Promotion of Access to Information Act Unit
Research and Documentation Department
Private Bag 2700
Houghton
2041
Telephone: (011) 484-8300
Fax: (011) 484-0582
Website: www.sahrc.org.za
E-mail: PAIA@sahrc.org.za

3 RECORDS

3.1 Records available in terms of legislation (Section 51(1)(d) of the Act)

A requestor may request information which is available in terms of the following legislation:

 Companies Act 71 of 2008
 Income Tax Act 53 of 1962
 Promotion of Access to Information Act No. 2 of 2000
 Policy Protection Rules
 Electronic Communications and Transactions Act No. 25 of 2002

3.2 Records available upon request (Section 51(1)(e) of the Act)

3.2.1 Records which are already publicly available:

 Records on the Company’s Website

3.2.2 Company Secretarial Documents

 Memorandum of Incorporation
 Registration Certificate
 Minute Books as well as resolutions passed at general meetings
 Register of Members
 Index of Members
 Register of Directors' shareholdings
 Register of Directors and Officers
 Directors' Attendance Register
 Books of Account regarding information required by the Companies Act, 1973

3.2.3 Intellectual Property

 Licences

3.2.4 Taxation

 Income tax files

3.2.5 Finance

 Financial statements
 Reports and returns
 Banking details and bank account records
 Debtors/creditors statements and invoices

3.2.6 Operations

 Permits, licences, consents, approvals, authorisations, applications and registrations
 Reports and supporting documentation
 Contractor, client and supplier agreements and information

3.2.7 Information technology

 Agreements relating to computer systems and programs
 Project, disaster recovery and implementation plans

4 PROCEDURE FOR REQUESTING ACCESS TO THE ABOVE INFORMATION

4.1 Section 53 of the Act prescribes that the requester must use the prescribed form (Form C) to make the request for access to a record. The request must be addressed to the head of the Company. This request must be made to the address, fax number or electronic mail address of the Company.

4.2 The requester must provide sufficient detail on the request form to enable the head of the Company to identify the requester and the record or records requested. The requester should indicate which form of access is required. The requester should further indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

4.3 The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.

4.4 If a request is made on behalf of a person, the requester must submit proof of the capacity in which the requester is making the request, to the satisfaction of the head of the company.

4.5 The head of the company 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.

4.6 The fee for private bodies is a prescribed fee. Details of these fees are contained in Annexure B. The requester may lodge an internal appeal or an application to the court against the tender or payment of the request fee.

4.7 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.

4.8 A request form and explanatory notes on fees are annexed marked Annexures "A" and "B".

4.9 The head of the company will thereafter make a decision on the request and notify the requester in the required form.

5 REFUSAL OF ACCESS AND PROTECTION OF INFORMATION

In terms of chapter 4 of the Act (Grounds for Refusal of Access to Records), there is provision for mandatory protection of the following information, save in the special circumstances provided for in the Act:

5.1 Information for the protection of the privacy of individuals (s63)
5.2 Information for the protection of commercial information and confidential information of third parties. (s 64 & 65)
5.3 Information for the protection of the safety of individuals and the protection of property (s66)
5.4 Information privileged from production in legal proceedings (s67)
5.5 Commercial information of the company (s68)
5.6 Research information (s69)

6 AVAILABILITY OF THE MANUAL

This manual is also available for inspection at the offices of the Company (free of charge) at the South African Human Rights Commission, the Government Printer and on the Company’s website www.loyaltylife.co.za.

Access to Prescribed Forms

Request for Access to Information: Prescribed Forms.


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