promotion of access to information act, act 2 of 2000...

PROMOTION OF ACCESS TO INFORMATION ACT,ACT 2 OF 2000 ("The Act")

Copyright

MANUAL IN TERMS OF SECTION 51 OF THE ACT FORVivid Architects CC

INTRODUCTION

Vivid Architects CC ("the Entity") is on record with the Companies' and IntellectualProperty Commission ("CIPC") under registration number 1998/003109/23.

PARTICULARS IN TERMS OF SECTION 51 OF THE ACT

The reference, in this Manual, to any information in addition to that specificallyrequired in terms of Section 5l of the Act does not create any right or entitlement(contractual or otherwise) to receive such information, other than in terms of the Act.

1. Contact Details (Section 5l(1)(a))

Name of Entity:Designated Head:

Email address of the Head:

Postal address:

Street address:

Telephone number:Telefax number:

Vivid Architects CC

Trevor Versfeld

trevor@vividarch itects .co.zaP O Box 16237VLAEBERG8018199 Loop StreetCAPE TOWN8001

021 426-1500021 426-1515

2. The euide as described in section 10 of the Act (Section 5l(lxb)

The South African Human Rights Commission ("SAHRC") provides guidance onhow to exercise your rights in terms of the Act; and further details are availablefrom the SAHRC. Please direct any queries to:

The South African Human Rights Commission:PAIA Unit: Research and Documentation DepartmentPostal address: Private Bas2700

Houghton2041

Telephone: +27 II 877-3600Fax: +27 lI 403-0625Website: www.sahrc.org.zaE-mail: [email protected]


Copyright

3. Records available in terms of other lesislation (Section 51(1Xd))

Information is available in terms of the following legislation to the persons orentities specified in such legislation:

Basic Conditions of Employment Act 75 of 1997Close Corporations Act 69 of 1984 (if applicable)Companies ActTl of 2008 (if applicable)Compensation for Occupational Injuries and Health Diseases Act 130 of 1993Consumer Protection Act 68 of 2008Employment Equity Act 55 of 1998Income Tax Act 58 of 1962Labour Relations Act 66 of 1995Occupational Health & Safety Act 85 of 1993Pension Funds Act, 1956 (if applicable)Skills Development Act 97 of 1998 (if applicable)Skills Development Levies Act 9 of 1999 (if applicable)Securities Transfer Tax Act. 25 of 2007 (if applicable)Securities Transfer Tax Administration Act.26 of 2007 (if applicable)Unemployment Contributions Act4 of 2002Unemployment Insurance Act 30 of 1966Value Added Tax Act 89 of 1991 (if applicable)

4. How to request a record. a description of the subiects on which the Entitvholds records. and the categories of records held on each subiect (Sections1(1Xe))

4.1 How to request a record

Requests for access to records held by the Entity must be made on the requestforms that are available from the SAHRC website (www.sahrc.org.za) or theDepartment of Justice and Constitutional Development website (www.doj.gov.za)(under "Resources->Forms"). For the convenience of requestors, copies of theseforms are included in this Manual as Annexure l.

Requests for access to records must be made to the Head at the address, telefaxnumber or electronic mail address provided.

The requester must provide sufficient detail on the request form to enable theHead to identify the record and the requester. The requester should also indicatewhich form of access is required and indicate if he or she wishes to be informedin any other manner and state the necessary particulars to be so informed.

It is vital that the requester identifies the right that he or she is seeking to exerciseor protect and provides an explanation of why the requested record is required forthe exercise or protection of that right.


Copvrisht

If a request is made on behalf of another person, the requester must then submitproof of the capacity in which the requester is making the request to thesatisfaction of the Head.

If a requestor does not use the standard form (Annexure 1), the request may berejected for lack of procedural compliance, refused (if sufficient information isnot provided or otherwise) or delayed.

Please note that requestors are also required to pay the prescribed fees. The listofprescribed fees in respect ofrequests, and in respect ofaccess to records (iftherequest is granted) is attached as Annexure 2.

The Head must notifu the requester (other than a personal requester) of theprescribed fee (if any) before further processing the request. The requester maylodge an internal appeal or an application to Court, against the tender or paymentof the request fee.

The Head will then make a decision on the request and notify the requester in therequired form.

If the request is granted then a fuither access fee must be paid for the reproductionand the search and preparation, and for any time that has exceeded the prescribedhours to search and prepare the record for disclosure.

Kindly note that all requests to the Entity will be evaluated and considered inaccordance with the Act. Publication of this Manual and describing thecategories and subject matter of information held by Vivid Architects CC doesnot give rise to any rights to access such information or records, except in termsof the Act.

4.2 Subjects and categories of records held by the Entity

The Entity maintains records on the following categories and subject matters.Please note that recording a category or subject matter in this Manual does notimply that a request for access to such records will be honoured. All requests foraccess will be evaluated on a case by case basis in accordance with the provisionsof the Act. In particular, there may be applicable grounds of refusal of such arequest, as set out in the Act.

Many of the records held by the Entity are those of third parties, such as clientsand employees, and the Entity takes the protection of third party confidentialinformation very seriously. Many of the records held by the Entity areconfidential and others are the property of third parties and not of the Entity.Requests for access to these records will be considered very carefully. Pleaseensure that requests for such records are carefully motivated.


Copyright

4.2.1: Intemal records

The following are records pertaining to the Entity's own affairs:r Memorandum and Articles of Association or Memorandum of

Incorporation - (if a company). Financial recordsI Operational records - if applicable. Intellectual property records - if applicabler Marketing records - if applicabler Internalcorrespondence' Service records - if applicabler Statutory records - for Corporate entitiesr Internal policies and procedures * if applicable. Minutes of meetings - if applicable. Records held by officials of the Entity - if applicable

4.2.2: Personnel records:

For the purposes of this section, o'personnel" means any person who works foror provides services to or on behalf of the Entity and receives or is entitled toreceive any remuneration and any other person who assists in carrying out orconducting the business of the Entity. This includes, without limitation,proprietors/partners/members/directors (as the case may be), all permanent,temporary and parttime staff and consultants and contract workers.

Personnel records may include the following:r Personal records provided to the Entity by personnel;. Records a third party has provided to the Entity about their personnel;' Conditions of employment and other personnel-related contractual and

quasi-legal records;. Employment policies and procedures;r Intemal evaluation and disciplinary records; and. Other internal records and correspondence.

4.2.3: Client-related records:

Client-related information may include the following:r Contracts with the client and between the client and other persons;r Records a client has provided to the Entity or a third party acting for or on

behalf of the Entity (which may include financial, legal, tax, operational,employee and similar records);

r Records a third party has provided to the Entity, which concem a client;and

' Records generated by or within the Entity pertaining to the client,including transactional records.

4.2.4: Other Parties:. Records may be kept in respect of other parties, from time to time.


Copyright

5. Other information as may be prescribed (Section 51(1)(0)

No such information has been prescribed.

6. Availabilitv of the Manual. (Section 51(3))

This Manual is available from the South African Human Rights Commission (seecontact details above), and from the Head of the Entity (see details above).

THIS MANUAL, WHICH HAS BEEN PREPARED IN TERMS OF SECTION 51OF THE ACT, HAS BEEN APPROVED BY ME.

1r,urr'- \lr'e V-l-

The Entitv's Head .p.\rr"\aouFull Sisnature and Date

PROMOTION OF ACCESS TO INFORMATION ACT,ACT 2 OF 2000 (66The Act")

Copyright

ANNEXURE 1

FORM C (of Regulation 10)

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

The Head: - Vivid Architects CC

B. Particulars of person requesting access to the record

(a) The particulars of the person who requests access to the record must be givenbelow.

O) The address and/or fax number in the Republic to which the information is to be sentmust 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:Telefax 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 ofanother Derson.

Full names and sumame:Identity number:

D. Particulars of record

(a) Provide full particulars of the record to which access is requested, including thereference number if that is lvtown to you, to enable the record to be located.

@ If the provided space is inadequate, please continue on a separate folio and attach itto this form. The requester must sign all the additional

1. Description of record or relevant part of the record:2. Reference number, if available:3. Any further particulars of record:

PROMOTION OF ACCESS TO INFORMATION ACT,ACT 2 OF 2000 (6'The Act")

Copyright

E. Fees

(a) A request for access to a record, other than a record containing personalinformation about yourself, will be processed only after a reqaestfee 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 searchfor and prepare a record.(d) If you qualify for exemption of the payment of any fee, please state the reason for

exemotion.

Reason for exemption from payment of fees:

F. Form ofaccess to record

If you are prevented by a disability to read, view or listen to the record in the form oJqccess provided for in I to 4 hereunder, state your disability and indicate in which

form the record is required.Disabilitv: Form in which record is required:

Mark the appropriate box with anXNOTES:(a) Compliance with your request in the specified form moy 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, tf any, will be determined partly by the

form in which access is requested.t . If the record is in written or printed form:

copy ofrecord* inspection of record

2. If record consists of visual images(this includes photographs, slides, video recordings, computer-generated images, sketches,etc.):


Copyright

view the images copy of the images* transcription of theimases*

3. If record consists of recorded words or information which can be reproducedin 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 ofrecord* printed copy ofinformation derivedfrom the record*

copy ln computerreadable form*(CD/DVD etc.)

* If you requested a copy or transcription of a record (above), do youwish the copy or transcription to be posted to you?Postase is navable.

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 thisThe requester must sisn all the additional folios.

l. Indicate which right is to be exercised or protected:

2. Explain why the record requested is required for the exercise or protection

of the aforementioned risht

H. Notice of decision regarding request for access

You will be notified in writing whether your request has been approved/denied. If youwish to be informed in another monner, please specify the manner and provide thenecessary particulars to enable ance with uest.

How would you prefer to be informed of the decision regarding your request for access

to the record:

Signed at this dav of

SIGNATURE OF REQUESTER / PERSON ON WHOM BEHALF REQUEST ISMADE

20

PROMOTION OF ACCESS TO INFORMATION ACT,ACT 2 OF 2000 (,,The Act")

ANNEXURE 2

FEES IN RESPECT OF PRTVATE BODIESl. The fee for a copy of the manuar as contemprated in reguration 9(2)(c)is Rl,ro forevery photocopy ofan A4_size page or part thereof.2. The fees for reproduction referred to in reguration 1r(r) are as foilows:

R

l , l 0

0,75

7,5070,00

40,0060,00

20,0030,00

(a) For every photocopy ofan A4_size page orpart thereof

(b) For every printed copy ofan A4-sizepage or partthereof held on a computer or in electronic or machine_readable form

(c) For a copy in a computer-readable form on _(i) stiffrdisc(ii) compact disc

(d) (i) For a transcription of visual images,for an A4-si ze page or part thereof

(ii) For a copy of visual imases(e) (i) For a transcription of an-audio record,

for an A4-size page or part thereof(ii) For a copy of an audio iecord

3' The request fee p^ayable by a requester, other than a personal requester, referred toin regulation l l(2) is R50,00.

4' The access fees payabre by a requester referred to in reguration l l(3) are asfollows:

( l ) (a) ForeveryphotocopyofanA4-sizepageor R

part thereof(b) hor"u"ryprintedcopyofan A4-sizepageorpart

1,10

thereof herd on a computer or in erection'ic or machine-readable form

(c) For a copy in a computer-readable form on - 0'75

(i) stiffrdisc(ii) compact disc

7,50

(d) fli For a transcription of visual images, 70,00

(ii) *T.ff;1ffi?i,;X;n*' i3;BB(e) (i) For a transcription of an-audio record.

,'u fi1T"t1ru"1""-ml:#l**' 33;33(f) To search for and prepare the record for discrosure, R30,00 for eachhour or part ofan hour reasonably required for suctr search andpreparation.

(2) For purposes of section 54(2) of the Act, the fotowing appries:(a) six hours as the hours to be exceeded before ideposit is payable; and(b) one third of the access fee is payabre ", "

o*oJ; by the requester.

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

promotion of access to information act, act 2 of 2000...

Documents