Access to Information Act

Tel: (011) 880-4720

Fax: (011) 880-4724

PO Box 1200 Parklands 2121

219 Jan Smuts Ave. Parktown North 2193

Johannesburg South Africa

CONTENTS

1. Introduction 

2. Particulars in Terms of the Section 51 Manual 

   1. Contact details [Section 51(1)] 

   2. The section 10 Guide on how to use the Act [Section 51(1)(b)] 

   3. Records available in terms of any other legislation [Section 51(1)(d)] 

   4. Access to the records held by the private body in question [Sections 51(1)(c) and 51(1)(e)] 

      1. The latest notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act in terms of section 52(2) [Section 51(1)(c)] 

      2. Records that may be requested [Section 51(1)(e)] 

      3. The request procedures 

   5. Other information as may be prescribed [Section 51(1)(f)] 

   6. Availability of the manual [Section 51(3)]

A.   INTRODUCTION 

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 whom 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 a request.

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 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 of the Constitution. 

B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL

Wherever reference is made to a "Private Body" in this manual, it will refer to the entity registered as: Professional Management Review.africa (Pty) Ltd a private body whose main business activities are Publishing (books and magazines), events, competitive intelligence.

1. Contact Details [Section 51(1) (a)]

Contact Person: Ms Sadiyya Akhalwaya
Postal Address: P O Box 1200, PARKLANDS, 2121
Street Address: 219 Jan Smuts Ave, PARKTOWN NORTH
Phone Number: +27 (0)11 880 4720
Fax Number: +27 (0)11 880 4724
Electronic email address: sadiyya@pmrinet.com 

General Information about the Private Body
Registered name
Professional Management Review.africa (Pty) Ltd
Registration number
1998/023416/07
Trading name of business (if different)
PMR
VAT number (if applicable)
4050 199 092
Postal address
P O Box 1200, PARKLANDS, 2121
Physical address (main place of business)
219 Jan Smuts Ave, PARKTOWN NORTH
Phone number: +27 (0)11 880 4720
Fax number: +27 (0)11 880 4724
Electronic email address of business: sadiyya@pmrinet.com
Website of business: www.pmrinet.com

2. The Section 10 Guide On How To Use The Act [Section 51 (1) (b)]

A user-friendly guide on how to use the Act has been published by the SAHRC in all 11 official languages and can be inspected free of charge at various places nationally. Contact the SAHRC to enquire about your nearest location or download it from the following web address: http://www.sahrc.org.za/sahrc_cms/publish/cat_index_40.shtml#11 

Copies of the Guide can be made and the fee payable is R0, 60c per every photocopy of an A4 size or part thereof.

The South African Human Rights Commission: PAIA Unit 
Postal address: 
Private Bag 2700, Houghton, 2041 
Telephone: +27 11 484 8300 
Fax: +27 11 484 0582 
Website: www.sahrc.org.za 
E-mail: PAIA@sahrc.org.za 

3. Particulars In Terms of Section 51 of the Act

Contact person: Ms Sadiyya Akhalwaya 
Address: 219 Jan Smuts Avenue, Parktown North 2193 
Postal address: P. O Box 1200, Parklands 2121 
Telephone number: +27 (011) 880-4720 
Facsimile number: +27 (011) 880-4724 
Email: sadiyya@pmrinet.com

3.1 Records Available in Terms of Any Other Legislation [Section 51 (1) (d)]

Following is a list of legislation in terms of which the Private Body is obliged to keep or submit records. The Acts listed below are taken from the list as provided by the South African Human Rights Commission and the Acts applicable to the Private Body are indicated in the right-hand column.

Reference to the above legislation shall include subsequent amendments

4. Access to the Records Held by the Private Body in Question [Section 51 (1) (c) and 51 (1) (e)] 

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:

1. The latest notice regarding the categories of records of the Private Body, which are available without a person having to request access in terms of this Act in terms of Section 52 (2) [Section 51 (1) (c)]
   None

2. Records that may be requested [Section 51 (1) (e)]
   If a person wants access to records that are automatically available they must - OBTAIN FROM 219 JAN SMUTS

2.   Introduction to PMR.africa

Professional Management Review Africa (Pty) LTD (“PMR.africa”) is a Company formed in terms of the Companies Act of 1985.

2.1. Management structure of PMR.africa

PMR.africa is managed through the following management structure as illustrated in Annexure A

2.2. Services offered by PMR.africa

These are the core services offered by PMR.africa

• Publication 

• Research 

• Marketing and Events 

• Website publishing & marketing 

• Consulting 

3.2. Section 17 of the Act

This Section provides for the designation of Deputy Information Officers who will be under control and direction of the Information Officer. The Section further provides that any delegation of duty by the Information Officer to the Deputies shall be in writing.

PMR.africa will advise the SAHRC of the designated deputy information officers in due course.

3.3 The Guide as described in Section 10

The guide will be available from the Human Rights Commission as from

August 2003, unless otherwise specified. Please direct any queries to:

The Human Rights Commission:

Postal address: Private Bag 2700

Houghton

2041

Tel: +27 11 484 8300

Fax: +27 11 484 0582

Website www.sahrc.org.za

3.4 The notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act. (Section 15) Freely available information

In terms of Section 15 of the Act the Information Officer of PMR.africa will on a periodic basis, frequently not less than a year, submit to the Minister a description of categories of information that is available to be accessed without a person having to comply with the provisions of this Act.

PMR.africa has the following information that is freely available information:

• PMR.africa brochures, inserts 

• Order forms for buying space in the magazine & for subscription 

• Order forms for buying research 

• Copies of PMR.africa magazines (online only), copies of the printed version (price upon request) Research reports (price upon request)

3.5 Records kept in terms of any other legislation

Records are kept in accordance with the following legislation:

Basic Conditions of Employment Act 75 0f 1997

Labour Relations Act 66 of 1995

Companies Act 61 of 1973

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Employment Equity Act 55 of 1998

Income Tax Act 58 of 1962

Occupational Health and Safety Act 85 of 1993

National Water Act 36 of 1999

Skills Development Levies Act 55 of 1998

Trade Marks Act 194 of 1993

Unemployment Insurance Act 30 of 1966

Value Added Tax Act 58 of 1962

3.6 Description of the subjects of the records held by the body and the categories in which these subjects are classed.

PMR.africa has the following records:

Company secretariat 

• Company statutes

• Registers

• Minutes of meetings

• Powers of attorney

• Mission & vision

• Positioning

Movable and Immovable properties 

• Title Deeds

• Lease agreements

• Loan agreements

• Deeds of sale

• Asset Register

Minutes of Meetings

• Management meetings

• Occupational Health & Safety committee

• IT committee etc.

Insurance 

• Policies Insurance claim files

Taxation 

Income tax files 

Vat returns

Human resources 

• Policies and procedures 

• Employee information 

• Personnel files 

• Agreements 

• Standard letters and notices 

• New standard, etc 

• Employment charter

Finance 

• Financial statements 

• Reports and returns 

• Banking details and bank account records 

• Debtors / creditors statements and invoices 

• ABC audits 

• External audits

Operations 

• Permits, licences, consents, approvals, authorisations, applications and registrations 

• Policies and procedures 

• Reports and supporting documentation 

• Contractor, client and supplier agreements and information 

• Security documents 

Information technology 

Administration

• Intranet 

• Correspondence with external and internal parties 

• Policies, etc

3.7 How must a person go about asking for access to records?

The prescribed form (Section 53) is attached to this manual as Annexure “B”

• This request must be made to the address, fax number or electronic mail address of the body concerned.

• The requester must provide sufficient detail to enable the information officer of the private body to identify the record and the requester. The requester should also indicate which form of access is required.

• The requester should indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

• 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

• If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the information officer of the private body.

• The Information Officer must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee that is in terms of the fee structure provided for in this agreement before further processing the request.

• The fee for private bodies is scheduled herein. The requester may lodge an application to the court against tendering the prescribed fee (section 54 (3) b).

• If the request is granted then a further access fee must be paid for the production and the search and preparation, and for any time that exceeded the prescribed hours to search and prepare the record for disclosure.

The information officer will then make a decision on the request and notify the requester in the required form.

3.8 Application to court

In terms of Section 78 (1) d and (3) c a requester may, by way of an application, within 30 days apply to a court for appropriate relief in terms of section 82.

3.9 PRESCRIBED FEES

Fees: 

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:

• 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 (if any) before further processing the request [s 54(1)].

• 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 [s 54(3)(b)].

• 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 [s 54(6)].

(2) For purposes of Section 54 of the Act, the following applies:

(a) Six hours as the hours to be exceeded before a deposit is payable; and

(b) One third of the access fee is payable as a deposit by the requester.

(3) The actual postage is payable when a copy of a record must be posted to a requester.

3.10 Prescribed forms

These are the prescribed forms for request for access (Sections 53)

Annexure “B”

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