INFORMATION MANUAL
PREPARED IN TERMS OF SECTION 51 OF
THE PROMOTION OF ACCESS TO INFORMATION ACT, No. 2 of 2000
("the ACT")
for
ADvTECH RESOURCING (PROPRIETARY) LIMITED
TABLE OF CONTENTS
1. Introduction
2. Contact details and general information
3. Guidelines in terms of section 10 on how to use the Act
4. Records available in terms of other legislation
5. Access to records
5.1. Automatic disclosures
5.2. Records that may be requested
5.3. Request procedures
6. Availability of the manual
7. Fees
8. Deposit
9. Right of appeal
10. Prescribed forms
1. INTRODUCTION
The Promotion of Access to Information Act, no 2 of 2000 ("the Act") gives effect to the right of access to information in records held by public or private bodies that is required for the exercise or protection of any rights as enshrined in the Bill of Rights in The Constitution of The Republic of South Africa, 1996 ("the Constitution"). The Act sets out the requisite procedural issues attached to such request, the requirements with which such a request must comply as well as the grounds for refusal of such request.
The manual informs requesters of the procedural and other requirements with which a request must comply in terms of the Act.
The Act recognizes that the right to access of information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:
1.1. Limitations aimed at reasonable protection of privacy;
1.2. Commercial confidentiality;
1.3. Effective, efficient and good governance.
The right of access to information must also be balanced against any other rights contained in the Constitution.
ADvTECH Resourcing (Pty) Ltd, a private company, is incorporated according to the laws of South Africa and a wholly owned subsidiary of ADvTECH Limited.
ADvTECH Resourcing (Pty) Ltd includes a portfolio of specialist brands that focus on niche markets where there is high demand for scarce skills. Services offered include permanent, temporary and contract staffing solutions as well as recruitment advertising, e-recruitment and advertising response handling.
Further public information regarding ADvTECH Resourcing (Pty) Ltd can be found on the ADvTECH Limited website – www.advtech.co.za.
2. CONTACT DETAILS AND GENERAL INFORMATION
All requests for information in terms of the Act must be in writing and addressed to the Information Officer of ADvTECH Resourcing (Pty) Ltd as set out below:
Company name: ADvTECH Resourcing (Pty) Ltd
Registration number: 1987/000811/07
Registered address: ADvTECH House, Inanda Greens Office Park,
54 Wierda Road West, Wierda Valley, Sandton 2146
Postal address: PO Box 2369, Randburg 2125
Telephone number: + 27 11 676 8000
Facsimile number: + 27 11 783 0345
Email: contact@advtech.co.za
Websites:
www.cassel.co.za/ www.communicate.co.za/ www.insource.co.za/ www.networkrecruitment.co.za/ www.tech-pro.co.za/ www.inkokheli.com/ www.theworkingearth.co.za
Managing Director: DL Honey
Information Officer: DM Dickson (Group Company Secretary): ddickson@advtech.co.za
3. GUIDELINES IN TERMS OF SECTION 10 ON HOW TO USE THE ACT
A guide on how to use the Act to obtain information is available in various languages from the South African Human Rights Commission.
Please direct queries to them at:
Postal Address: Private Bag 2700 Houghton 2041
Telephone number: + 27 11 877 3600
Facsimile number: + 27 11 877 3750
Email: PAIA@sahrc.co.za
Website: www.sahrc.org.za
4. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION
Records available in terms of other legislation, as amended, are as follows:
4.1. Labour Relations Act 66 of 1995
4.2. Employment Equity Act 55 of 1998
4.3. Basic Conditions of Employment Act 75 of 1997
4.4. Compensation of Occupational Injuries and Diseases Act 130 of 1993
4.5. Companies Act 71 or 2008
4.6. Unemployment Insurance Act 63 of 2001
4.7. Value Added Tax Act 89 of 1991
4.8. Income Tax Act 58 of 1962
4.9. Skills Development Act 9 of 1999
5. ACCESS TO RECORDS
5.1. Automatic disclosures
The following information is freely available:
ADvTECH Limited Annual Report – see www.advtech.co.za
5.2. Records that may be requested
The following records of ADvTECH Resourcing (Pty) Ltd may be available upon request:
• Companies Act records
• Financial records
• Tax records
• Asset records
• Income and other tax records
• Employment records
• Employment policies
• Information technology records
• Procurement records
• Training manuals
• Other party records
Note that recording a category or subject matter in this manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis on their own merits, and ADvTECH Resourcing (Pty) Ltd reserves the right to decline to grant access to records in accordance with the provisions of the Act.
5.3. Request procedures
5.4. Any person wishing to gain access to information ("the requester") must use the prescribed form (see Form A hereto) to make the request for access to information.
This request must be made in writing and addressed to the Information Officer at the contact details set out in section 2 above.
5.5. The requester must –
5.5.1. provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester;
and
5.5.2. indicate in which form of access is required; and
5.5.3. specify a postal address or fax number within South Africa; and
5.5.4. identify the right that the requester is seeking to exercise or protect, and provide an explanation of why the requested record is required for the exercise of that
protection.
5.6. If a request is made on behalf of another person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of
the Information Officer.
5.7. The Information Officer will make a decision whether to grant the request or to decline the request, and must notify the requestor in the required form.
5.8. If the request is granted, then an access fee must be paid for the search, reproduction and preparation, and for any time that has exceeded the prescribed hours to
search and prepare the record for disclosure.
5.9. If, after reasonable steps have been taken to find a record requested and same cannot be located or does not appear to exist, ADvTECH Resourcing (Pty) Ltd will
advise the requester accordingly.
6. Availability of the manual
ADvTECH Resourcing (Pty) Ltd's manual is available for inspection free of charge at the registered address as set out in the contact details at 2 above. Furthermore, a copy is available from the SAHRC (see contact details in 3 above) and on ADvTECH Resourcing (Pty) Ltd's website as set out in 2 above.
7. Fees
The Act provides for 2 kinds of fees –
• Request fees - non-refundable administration fees paid by all requesters (except personal requesters);
• Access fee – paid by all requesters only when access is granted. The fee is intended to reimburse ADvTECH Resourcing (Pty) Ltd for the costs involved in searching
for a record and preparing it for delivery to the requester.
ADvTECH Resourcing (Pty) Ltd may withhold the record until the request fee and the deposit in terms of section 8 hereof (if applicable) have been paid.
A requester who seeks access to a record containing personal information about that requester ("personal requester") is not required to pay the request fee.
Every other requester, who is not a personal requester, must pay the required request fee (refer 7.3 below).
The fees payable are as follows:
7.1. The fee for a copy of the manual in terms of regulation 9(2)(c) is R1.10 for every photocopy of an A4 page or part thereof.
7.2. The fees for reproduction referred to in regulation 11(1) are as follows:
7.2.1 For every photocopy of an A4 page or part thereof R1.10
7.2.2 For every printed copy of an A4 page or part thereof held on a computer or in electronic or machine readable form R0.75
7.2.3 For a copy in a computer readable form on -
7.2.3.1 Stiffy disc R7.50
7.2.3.2 Compact disc R70.00
7.2.4.1 For transcription of visual images, for an A4 page or part thereof R40.00
7.2.4.2 For a copy of visual images R60.00
7.2.5.1 For a transcription of an audio record, for an A4 page or part thereof R20.00
7.2.5.2 For a copy of an audio record R30.00
7.3. The request fee payable by a requester, other than a personal requester, is R50.00.
7.4. The access fees payable by a requester referred to in regulation 11(3) are as follows:
7.4.1 For every photocopy of an A4 page or part thereof R1.10
7.4.2 For every printed copy of an A4 page or part thereof held on a computer or in electronic or machine readable form R0.75
7.4.4.1 For transcription of visual images, for an A4 page or part thereof R40.00
7.4.4.2 For a copy of visual images R60.00
7.4.5.1 For a transcription of an audio record, for an A4 page or part thereof R20.00
7.4.5.2 For a copy of an audio record R30.00
7.4.6 To search for and prepare a record for disclosure, for each hour or part thereof reasonably required for such search and preparation R30.00
7.5. Actual postage is payable when a record must be posted to a requester.
8. Deposit
In accordance with s54(2) of the Act, ADvTECH Resourcing (Pty) Ltd may require a deposit in cases where searching for a record exceeds 6 hours. The deposit will represent one third of the access fees payable by the requester.
9. Right of appeal
A requester that is dissatisfied with the Information Officer's refusal to grant access to any information may –
• Within 30 days of being informed that the request was not granted lodge an internal appeal; or
• Within 30 days of notification of the decision, apply to court for relief.
Likewise, a third party dissatisfied with the Information Officer's decision to grant a request may, within 30 days of notification of the decision, apply to court for relief.
10. Prescribed forms
See form A attached
FORM A
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 10]
A. Particulars of private body
ADvTECH Resourcing (Pty) Ltd
The Information Officer: DM Dickson
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
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
(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:
Reference number, if available:
Any further particulars of record:
E. Fees
(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.
Disability: Form in which record is required: 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 for the record, if any, will be determined partly by the form in which access is requested.
1. If the record is in written or printed form:
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" transcription of theimages*
3. If record consists of recorded words or information which can be reproduced in sound:
listen to the soundtrack audio cassette transcription of soundtrack* written or printed document
4. If record is held on computer or in an electronic or machine-readable form:
printed copy of record* printed copy of information
derived from the record" 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:
2. Explain why the record requested is required for the exercise or protection of the said 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