-1- CRESCO ELECTRICAL (PTY) Ltd (Registration Number 2005/042437/07) SECTION 51 MANUAL PROMOTION OF ACCESS TO INFORMATION ACT -2- CONTENTS A. Introduction B. Particulars in terms of section 51 of the Promotion of Access to Information Act 1. Contact details 2. The section 10 Guide on how to use the Act 3. Records available in terms of any other legislation 4. Access to the records held by the Private Body in question i. Information readily available, if applicable ii. Records that may be requested iii. The request procedures 5. Decision 6. Grounds for refusal of access to records 7. Remedies available when a Private Body refuses a request for information 8. Other information as may be prescribed 9. Availability of the manual -3- A. INTRODUCTION Main Business The main business of this CRESCO ELECTRICAL (PTY) LTD is specialising in Power Station Construction, maintenance and modification. B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL 1. Contact details Head of the body: L.E. Purchase Postal address: P.O. Box 538 Lephalale 0555 Street Address: Off Hydrogen Rd Matimba Power Station Lephalale 0555 Telephone number: 014 763-8145/56 Fax number: 014 763-4062 E-mail: email@example.com 2. The section 10 Guide on how to use the Act The Guide will, according to the South African Human Rights Commission (SAHRC), be available for inspection at the offices of the SAHRC. Please direct any queries to: The South African Human Rights Commission: PAIA Unit The Research and Documentation Department Postal address: Private Bag 2700 Houghton 2041 Telephone: +27 11 484-8300 Fax: +27 11 484-7146 Website: www.sahrc.org.za E-mail: PAIA@sahrc.org.za -4- 3. Records available in terms of any other legislation Basic Conditions of Employment Act 75 of 1997 The Companies Act, 1973 Compensation for Occupational Injuries and Diseases Act 130 of 1993 Employment Equity Act 55 of 1998 Income Tax Act 95 of 1967 Labour Relations Act 66 of 1995 Occupational Health & Safety Act No 85 of 1993 Skills Development Levies Act 9 of 1999 Skills Development Act No 97 of 1998 Unemployment Contributions Act No 4 of 2002 Unemployment Insurance Act 63 of 2001 Value Added Tax Act 89 of 1991 4. Access to the records held CRESCO ELECTRICAL (PTY) Ltd i. Information readily available Title Contents Available at Marketing Company Information www.cresco.co.za Information Company Information Site Office Manual www.cresco.co.za ii. Records that may be requested: CATEGORY RECORDS Incorporation - Copies of documents of incorporation Documents And - Copies of Shareholder’s agreements Records - Minutes of Board of Directors Meetings - Minutes of Shareholders’ Meetings - Minutes of staff meetings Administrative - House rules - Insurance policy information - Minute of meetings (e.g. management and staff meetings) - Replacement values of insured assets - Contracts Human - Employment contracts Resources - Remuneration records and policies - Conditions of Service - Industrial/Labour relations - Pension fund -5- Human - Remuneration & Benefits Resources - Skills requirements (continued) - Training Personal records provided by personnel (including permanent and temporary) including but not limited to: - Application forms - Attendance register - Disciplinary records - Employment contracts - Leave records - Long service awards - Pension - Qualifications - Records relating to deduction - Records relating to increases - Salary / Remuneration records - Training manuals - Training records - Unemployment Insurance - Wages register “Personnel” refers to any person who works for, or provide services to or on behalf of the Private Body and receives or is entitled to receive remuneration and any other person who assists in carrying out or conductiong the business of the Private Body. Operational - Correspondence with customers - Credit application forms - Database of customers - Internal telephone directory - Price lists - Project files - Records with regards to delivery notes and invoices - Work instruction manuals - Written product / service specifications -6- Financial - Annual Financial Statements - Asset inventory - Asset register - Cash records - Cheque account - Credit notes - Debit notes - Financial documents - Income tax records - Invoices - Order forms - PAYE records - Petty cash register - Regional Services Council records - SDL records - Stock records - UIF records - VAT records Safety - Records of incidents - Records relating to the Compensation of Occupational Injuries & Diseases - Records relating to the Occupational Health & Safety Act - Safety manual Information - Licenses Technology - Software programs The above-mentioned records are of a confidential nature and only accessible to authorised people. iii. The request procedures: Form of request: The requester must comply with all the procedural requirements contained in the Act relating to the request for access to a record. The requester must complete the information request form for a Private Body which is available from the offices and the website of the South African Human Rights Commission on www.sahrc.org.za. This form -7- should be submitted together with payment of a request fee and a deposit, if applicable to the Head of the Private Body at the postal or physical address, fax number or electronic mail address as stated in paragraph 1. above. The prescribed form must be filled in with enough particularity to at least enable the Head of the Private Body to identify: - The record or records requested; - The identity of the requester; - Which form of access is required, if the request is granted; - The postal address or fax number of the requester; - 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. The Private Body will process the request within 30 days, unless the requester has stated special reasons which would satisfy the Head of the Private Body that circumstances dictate that the above time periods not be complied with. The requester shall be informed whether access is granted or denied. If, in addition, the requester requires the reasons for the decision in any other manner, he/she must state the manner and the particulars so required. If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requester is making the request to the reasonable satisfaction of the Head of the Private Body of the Private Body. If an individual is unable to complete the prescribed form because of illiteracy of disability, such a person may make the request orally. The requester must pay the prescribed fee, before any further processing can take place. Fees: The Act provides for two types of fees, namely a standard request fee and an access fee, which will be calculated by taking into account reproduction costs, search and preparation time and cost, as well as postal costs. 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: -8- 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 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. The Head of the Private Body shall notify the requester to pay as a deposit the prescribed portion of the access fee which would be payable. The Head of the Private Body shall withhold a record until the requester has paid the fees as indicated above. If a deposit has been paid in respect of a request for access, which is refused, then the Head of the Private Body concerned must repay the deposit to the requester. 5. 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. 6. Grounds for refusal of access to records The main grounds for the Private Body to refuse a request 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; -9- 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. 7. 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 Head of the Private Body is final, and requesters will have - 10 - 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 Head of the Private Body. External Remedies A requester that is dissatisfied with an Head of the Private Body'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 Head of the Private Body'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. 8. Other information as may be prescribed The Minister of Justice and Constitutional Development has not made any regulations in this regard. 9. Availability of the manual The manual is available for inspection during office hours at the offices of CRESCO ELECTRICAL (PTY) Ltd free of charge. Copies are also available from the SAHRC and on our website at www.cresco.co.za.
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