1. Contact Details
1.1 Claire Middlemiss, the Chief Executive Officer of the Company, has delegated the power of head of oragnisation for the purpose of the Act to herself and for the purpose of this manual he will be called the information Officer.
1.2 Telephone no: +27 73 908 5661
1.3 E-mail address: claire@capgov.co.za
1.4Website: www.capgov.co.za
2. The Guide as described in Section 10 of the Act
The South African Human Rights Commission is required by the Act to compile a guide to assist the public to understand the provisions of the Act, its objects and how to make use of the provisions in the Act.
3. 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 Section52(2)
Information which is publically available.
4. Records which are available from the Company in terms of any other legislation
The Company holds the following records in accordance with the following legislation:
4. Records which are available from the Company in terms of any other legislation
The Company holds the following records in accordance with the following legislation:
Description of the records held by the Company and the categories in which the records are classed
The Company has the following records as a matter of standard practice.
4.1 Company Secretarial
- Company statutes
- Registers
- Minutes of meetings
- Statutory returns
Powers of Attorney
Share certificates
4.2 Intellectual Property
Trademarks
Patents
Copyrights
Designs
Know-how
Licensing agreements
4.3 Taxation
- Income tax files
4.4 Finance
- Financial statements
- Reports and returns
- Banking details and bank account records
- Debtors/creditors statements and invoices
4.5 Operations
- Permits, licenses, consents, approvals, authorisations, applications and registrations
- Policies and procedures
- Reports and supporting documents
- Contractor, client and supplier agreements and information
- Security documents
4.6 Information technology
- System documentation and manuals
- Licensing documentation
4.7 Administration
- Correspondence with internal and external parties
5. Request Procedure
5.1 The requester must make use of the prescribed form attached hereto as Appendix 1 to make the request for access to a record. The list of applicable fees will be obtainable from the Head Office of the Company. The applicable fees are to be paid before access to a record will be permitted.
5.2 The prescribed form must be completed in full and addressed to the Information Officer of the Company. The request must then be submitted to the address, fax number of e-mail address of the Company.
5.3 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.
5.4 If a request is being made on behalf of a person, the requester must submit proof of the capacity in which he/she is making there quest to the satisfaction of the Information Officer of the Company.
5.5 If the record which the requester has requested exists and that allowing access to such record does not affect a third party, the requester’s request will be processed within 30 (thirty)days.
5.6 Once the Information Officer of the Company has heard all submissions, he will make a decision on the request and notify the requester in the required form.
5.7 If access is requested to a record that contains information pertaining to a third party, the Information Officer of the Company must attempt to contact the third party and take all reasonable steps to inform the third party of the request, which must be done within 21 (twenty-one) days of receipt of the request.
The third party may within 21 (twenty-one) days thereafter make representations to the Information Officer of the Company as to why access should be given or provide reasons why the access should be denied.
The third party must be informed of the decision taken by the Information Officer of the Company to grant or decline the request.
6. Fees in respect of private bodies
6.1 The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1.10 for every photocopy of an A4-size page or part thereof.
6.2 The fees for reproduction referred to in regulation 11(1) are as follows:
6.3 The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) isR50.00.
6.4 The access fee payable by a requester referred to in regulation 11(3) are as follows:
6.4.1 a) For every photocopy ofA4-size page or part thereof | R1.10 |
b) For every printed copy of A4-size page or part thereof held on computer or electronic or machine- readable form | R0.75 |
c) For every copy in computer readable form on
| |
i) compact disc | R70.00 |
d) i) For transcription of visual images for A-4 size page or part thereof | R40.00 |
ii) For copy of visual images | R60.00 |
e) i) For transcription of audio record for A4-size page or part thereof | R20.00 |
ii) For copy of audio record | R30.00 |
f) To search for and prepare the record for disclosure, per hour or part of an hour | R30.00 |
6.4.2 For purpose of Section 54(2) 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 there quester.
6.4.3 The actual postage is payable when a copy of a record must be posted to a requester.
6.2.1 for every photocopy of A4-sizepage or part thereof | R | 1.10 | ||
6.2.2 for every printed copy of A4-size page or part thereof held on a computer or in electronic or machine-readable form | R | 0.75 | ||
6.2.3 for every copy in a computer-readable form on: | ||||
a) | compact disc | R | 70.00 | |
6.2.4 | a) | For a transcription of visual images for A4-size page or part thereof | R | 40.00 |
b) | For a copy of visual images | R | 60.00 | |
6.2.5 | a) | For a transcription of an audio record for A4-size page or part thereof | R | 20.00 |
b) | For a copy of an audio record | R | 30.00 | |
7. Grounds for refusal of access to records
7.1 Section 9 of the Act recognises that the 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;
7.2 The main grounds for The Company to refuse a request for information relates to the:
and in a manner which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.
7.2.1 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;
7.2.2 mandatory protection of the commercial information of a third party, if the record contains:
7.2.2.1 trade secrets of that third party;
7.2.2.2 financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party;
7.2.2.3 information disclosed in confidence by a third party to the Company, if the disclosure could put that third party at a disadvantage in negotiations or prejudice that third party in commercial competition.
7.2.3 mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
7.2.4 mandatory protection of the safety of individuals and the protection of property;
7.2.5 mandatory protection of records which would be regarded as privileged in legal proceedings;
7.2.6 the commercial activities of the Company, which may include:
7.2.6.1 trade secrets of the Company;
7.2.6.2 financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of the Company;
7.2.6.3 information which, if disclosed could put the Company at a disadvantage in negotiations or commercial competition;
7.2.6.4 a computer program which is owned by the Company, and which is protected by copyright.
7.2.7 mandatory protection of research information of the Company or a third party, if its disclosure would disclose the identity of the Company, the researcher or 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.
Records that cannot be found or do not exist
8.1 If the Company has searched for a record and it is believed that the record does not exist or cannot be found, the requester will be notified by way of an affidavit signed by the Information Officer of the Company. This notice is deemed to be a refusal of the request for access to there cord. If after notice is given, there cord in question is found, the requester must be given access thereto, unless a ground for refusal of access exists.
8.2 The Information Officer in terms of section56must, within30(thirty)days after the request has been received, notify the requester of the decision, whether or not to grant there quest.
8.3 The initial period of 30 (thirty) days within which the Information Officer of the Company must inform the requester of the decision to grant or refuse access to the information requested, may be extended by a further period not exceeding 30 (thirty) days if:
8.3.1 the requester consents to the extension inwriting;
8.3.2 the request is for a large number of records or requires a search through a large numberofrecordsandcompliancewiththeoriginalperiodof30(thirty) days would interfere with The Company’s activities.
8.4 Should the initial period of 30 (thirty) days be extended, the requester must be notified of the extension within 30 (thirty) days after the request is received.
The notice must state:
8.4.1 adequate reasons for the extension;
8.4.2 the procedure involved should the requester want to lodge an application to court against the extension; and
8.4.3 the period of extension.
8.5 Should the Information Officer of the Company fail to respond to the requester within the 30 (thirty) day period, such failure will constitute a refusal of the request.
Signedat Benoni onthe 20th dayof May 2021.
Claire Middlemiss
Chief executive Officer
Capital Governance (Pty) Ltd