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MANUAL
of
Ceres Tourism
Prepared in accordance with Section 51 of the Promotion of Access
to Information Act, No 2 of 2000.
(Private Body)
1 INTRODUCTION
1.1 The promotion of Access to
Information Act, No 2 of 2000 ("the Act") was enacted on 3
February 2000, 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 the Act, the body to which the request is made is
obliged to release the information, except where the Act expressly provides
that the information may or must not be released. The Act sets out the
requisite procedural issues attached to such request.
1.2 PURPOSE OF THE MANUAL
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.
Wherever reference is made to "Private Body"
in this manual, it will refer to Ceres Tourism, a private body within the
tourism industry for which this manual is drafted.
PART I
2 CONTACT DETAILS
2.1 Information Officer: Shirley Norman
Postal address: PO Box 563 Ceres 6835
Registered address: John Steyn Library, Owenstraat 33, Ceres 6835
Physical Address: John Steyn Library, Owenstraat 33, Ceres 6835
Tel: 023 3161287
Fax: 023 3123708
2.2 GENERAL INFORMATION
2.2.1 Name of Private Body: Ceres Tourism
2.2.2 Head of Private Body: Cordé Smith (Chairman)
2.2.5 Postal Address: PO Box 563 Ceres 6835
2.2.6 Telephone Number: 023 3161287
2.2.7 Facsimile Number: 023 3123708
2.2.8 E-mail address: info@ceres.org.za
2.2.9 Website: www.ceres.org.za
PART II
3 GUIDE OF SOUTH AFRICAN HUMAN RIGHTS COMMISSION
The South African Human Rights Commission has at the date of printing hereof
not yet compiled the guide contemplated in Section 10 of the Act. The guide will
contain such information as may reasonably be required by a person who wishes to
exercise any right contemplated in the Act. Any enquiries regarding this guide
should be directed to:
The South African HUMAN RIGHTS COMMISSION,
at PAIA Unit (THE RESEARCH AND DOUMENTATION DEPARTMENT),
Private Bag X2700, HOUGHTON, 2041;
Telephone Number: (011) 484-8300;
Facsimile Number: (011) 484-1360;
Website: www.sahrc.org.za;
E-mail Address: PAIA@sahrc.org.za.
PART III
3.1 RECORDS OF THE PRIVATE BODY
This clause serves as a reference to the records that the Private Body
holds in order to facilitate a request in terms of the Act.
The information is classified and grouped according to records relating
to the following subjects and categories:
It is recorded that the accessibility of the documents listed herein
below, may be subject to the grounds of refusal set out hereinafter.
3.2 PRIVATE BODY DOCUMENTS AND RECORDS
3.2.1 INCORPORATION DOCUMENTS AND RECORDS
(*Delete if not applicable)
3.2.1.1 Minutes of Management meetings
3.2.1.2 Copies of the Constitution of the business
3.2.1.3 Minutes of members meetings
3.2.2 FINANCIAL DOCUMENTS AND RECORDS
Tax records
3.2.2.1 PAYE records
3.2.2.2 Tax records
3.2.2.3 Asset register
3.2.2.4 Invoices
3.2.2.5 Cheque Account
3.2.2.6 Cash Records
3.2.2.7 Annual Financial Statements
3.2.2.8 Rental Agreements
3.2.3 OPERATIONAL DOCUMENTS AND RECORDS
3.2.3.1 Database of customers
3.2.3.2 Distribution Agreements
3.2.3.3 Promotional material
3.2.3.4 Software licences
These records include, but are not limited to, the records which
pertain to the Private Body’s own affairs.
3.2.4 PERSONNEL DOCUMENTS AND RECORDS
Personal records provided by personnel (including permanent and temporary)
including but not limited to:
3.2.4.1 Conditions of employment
3.2.4.2 Employment contracts
3.2.4.3 Personal details
3.2.4.4 Salary records
3.2.4.5 Unemployment Insurance records
3.2.4.6 Workman’s Compensation records
3.2.4.7 Records relating to deductions
3.2.4.8 Records relating to increases
3.2.4.9 Leave records
"Personnel" refers to any person who works for, or provides
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
conducting the business of the Private Body.
3.2.5 SAFETY RECORDS
3.2.5.1 Records relating to the Occupational Health and Safety Act
3.2.5.2 Records relating to the Compensation for Occupational Injuries
and Diseases Act
3.2.5.3 Records relating to incidents
3.2.6 INFORMATION TECHNOLOGY RECORDS
3.2.6.1 Software programmes
3.2.6.2 Software applications
3.2.7 RECORDS REQUIRED IN TERMS OF LEGISLATION
3.2.7.1 A table of legislation setting out a description of the records of
the Private Body which are
available in accordance with certain legislation, is as follows: -
3.2.7.1.1 Labour Relations Act 66 of 1995
3.2.7.1.2 Basic Conditions of Employment Act 75 of 1997
3.2.7.1.3 Compensation for Occupational Injuries and Disease Act 130 of
1993
3.2.7.1.4 Unemployment Insurance Act 63 of 2001
3.2.7.1.5 Income Tax Act 58 of 1962
3.2.7.1.6 Skills Development Act 9 of 1999
Reference to the above-mentioned legislation shall include subsequent
amendments to such
Legislation and all relevant sections within such legislation in terms
of which the Private Body
holds records.
3.2.8 OTHER PARTY RECORDS
3.2.8.1 Personnel, customer or Private Body records which are held by
another party, as opposed to the
records held by the Private Body itself;
3.2.8.2 Records held by the Private Body pertaining to other parties,
including without limitations, financial
records, correspondence, contractual and transactional records, records
provided by the other party,
and records third parties have provided about contractors/suppliers;
3.2.8.3 Records relating to the Private Body’s marketers / agents.
PART IV
4. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS
The main grounds for the Private Body to refuse a request
for information relates to the –
4.1 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;
4.2 mandatory protection of the commercial information of
a third party, if the record contains –
4.2.1 trade secrets of that third party;
4.2.2 financial, commercial, scientific or technical
information which disclosure could likely cause harm to the financial or
commercial interests of that third party;
4.2.3 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;
4.3 mandatory protection of confidential information of
third parties if it is protected in terms of any agreement;
4.4 mandatory protection of the safety of individuals and
the protection of property;
4.5 mandatory protection of records which would be
regarded as privileged in legal proceedings;
4.6 the commercial activities of the Private Body, which
may include:
4.6.1 trade secrets of the Private Body;
4.6.2 financial, commercial, scientific or technical
information which disclosure of could likely cause harm to the financial or
commercial interests of the Private Body;
4.6.3 information which, if disclosed could put the
Private Body at a disadvantage in negotiations or commercial competition;
4.6.4 a computer program which is owned by the Private
Body, and which is protected by copyright.
4.7 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;
4.8 Requests for information that are clearly frivolous
or vexatious, or which involve an unreasonable diversion of resources shall
be refused.
REMEDIES AVAILABLE WHEN A PRIVATE BODY REFUSES A REQUEST
FOR INFORMATION
5.1 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.
5.2 EXTERNAL REMEDIES
A requester that is 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.
6. REQUEST PROCEDURE
6.1 The requester must comply with all the procedural
requirements contained in the Act relating to the request for access to a
record.
6.2 The requester must complete the prescribed form
enclosed herewith in Appendix 1, and submit same as well as payment of a
request fee and a deposit, if applicable to the Information Officer and the
postal or physical address, fax number or electronic mail address as stated in
2.1 or 2.2 above.
6.3 The prescribed form must be filled in with enough
particularity to at least enable the Information Officer to identify –
6.3.1 The record or records requested;
6.3.2 The identity of the requester;
6.3.3 Which form of access is required, if the request is
granted;
6.3.4 The postal address or fax number of the requester.
6.4 The requester must state that he / she requires the
information in order to exercise or protect a right, and clearly state what
the nature of the right is so to be exercised or protected. In addition, the
requester must clearly specify why the record is necessary to exercise or
protect such a right.
6.5 The Private Body will process the request within 30
days, unless the requester has stated special reasons which would satisfy the
Information officer that circumstances dictate that the above time periods not
be complied with.
6.6 The requester shall be informed whether access 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.
6.7 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 information officer.
6.8 If an individual is unable to complete the prescribed
form because of illiteracy or disability, such a person may make the request
orally.
6.9 The requester must pay the prescribed fee, before any
further processing can take place.
7. ACCESS TO RECORDS HELD BY THE PRIVATE BODY
7.1 Records held by the Private Body may be accessed by
requests only once the prerequisite requirements for access have been met.
7.2 A requester is any person making a request for access
to a record of the Private Body. There are two types of requesters:
7.2.1 PERSONAL REQUESTER
7.2.1.1 A personal requester is a requester who is seeking
access to a record containing personal information about the requester
7.2.1.2 The Private Body 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.
7.2.2 OTHER REQUESTER
7.2.2.1 This requester (other than a personal requester) is
entitled to request access to information on third parties. However, the
Private Body 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.
8. FEES
8.1 The Act provides for two types of fees, namely:
8.1.1 A request fee, which will be a standard fee; and
8.1.2 An access fee, which must be calculated by taking
into account reproduction costs, search and preparation time and cost, as
well as postal costs.
8.2 When the Information Officer receives the request,
such officer shall by notice require the requester, other than a personal
requester, to pay the prescribed request fee (if any), before any further
processing of the request.
8.3 If the search of the record has been made and the
preparation of the record for disclosure, including arrangement to make it
available in the requested form, requires more than the hours prescribed in
the regulations for this purpose, the information officer shall notify the
requester to pay as a deposit the prescribed portion of the Access fee which
would be payable if the request is granted.
8.4 The information officer shall withhold a record until
the requester has paid the fees as indicated in Appendix 2.
8.5 A requester whose request for access to a record has
been granted, must pay an access fee for reproduction and for search and
preparation, and for any time reasonably required in excess of the
prescribed hours to search for and prepare the record for disclosure
including making arrangements to make it available in the request form.
8.6 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.
9. DECISION
9.1 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.
9.2 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.
10. AVAILABILITY OF THE MANUAL
10.1 This manual is made available in terms of Regulation
Number R.187 of 15 February 2002.
10.2 The manual of the Private Body may also be available
on the website of the Private Body (if applicable).
APPENDIX - 1
PRESCRIBED FORM TO BE COMPLETED BY A REQUESTER
FORM B
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act,
2000
(Act No. 2 of 2000))
[Regulation 4]
A. Particulars of 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
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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
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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. |
Description of record or relevant part of the record:
2. Reference number, if available:
3. Any further particulars of record:
Fees
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(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.
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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. |
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1. If the record is in written or printed form: |
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|
copy of record* |
|
inspection of record |
|
2. If record consists of visual images
(this includes photographs, slides, video recordings,
computer-generated images, sketches, etc.): |
|
|
view the images |
|
copy of the images* |
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transcription of the images* |
|
3. If record consists of recorded words or information which can be
reproduced in sound: |
|
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listen to the soundtrack (audio cassette) |
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transcription of soundtrack*
(written or printed document) |
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4. If record is held on computer or in an electronic or
machine-readable form: |
|
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printed copy of record* |
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printed copy of information derived from the record* |
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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?
Postage 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:
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
20
SIGNATURE OF REQUESTER / PERSON
ON WHOSE BEHALF REQUEST IS MADE
APPENDIX - 2
REPRODUCTION FEES
Where requested document appear in the appendix 1 i.e. the Private Body has
voluntarily provided the Minister with a list of 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 free for
reproduction of the records in question.
THE APPLICABLE FEES FOR REPRODUCTION AS REFERRED TO ABOVE ARE:
For every photocopy of an A4-size page or part thereof 1,10
For every printed copy of an A4-size page or part thereof held on a
computer or in electronic or machine readable form 0,75
For a copy in a computer-readable form on
- Stiffy disc 7,50
- Compact disk 70,00
A transcription of visual images, for an A4-size page or part thereof
40,00
For a copy of visual images 60,00
A transcription of an audio record, for an A4-size page or part thereof
20,00
For a copy of an audio record 30,00
Request fees:
Where a requester submits a request for access to information held by a
Private Body on a person other than the requester himself/herself, a request fee
in the amount of R50, 00 is payable up-front before the Private Body will
further process the request received.
Access fees:
An access fee is payable in all instance 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 1,10
For every printed copy of an A4-size page or part thereof held on
a computer or in electronic or machine readable form 0,75
For a copy in a computer-readable form on
- Stiffy disc 7,50
- Compact disc 70,00
A transcription of visual images, for an A4-size page or part thereof
40,00
For a copy of visual images 60,00
A transcription of an audio record, for an A4-size page or part thereof
20,00
For a copy of an audio record 30,00
To search for a record that must be disclosed 30,00
(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 the Private Body 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 ⅓ (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. |
