PROMOTION OF ACCESS TO INFORMATION ACT

ACT 2 OF 2000 (“The Act”)

 

MANUAL IN TERMS OF SECTION 51 OF THE ACT FOR

[SOUTH AFRICAN TECHNICAL AUDITING SERVICES (PTY) LTD]

 

INTRODUCTION

 

South African Technical Auditing Services (Pty) Ltd was formed in 2002.  South African Technical Auditing Services (Pty) Ltd is a firm of professional people rendering quality control services to different industries.

 

PARTICULARS IN TERMS OF SECTION 51 OF THE ACT

 

The reference in this Manual, to any information in addition to that specifically required in terms of Section 51 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 51(1)(a)

 

Name of Private Body:                       South African Technical Auditing Services (Pty) Ltd

Designated Information Officer:        Mr J A Stears

Email address of Information Officer: stearsa@satas.co.za

Postal Address:                                   P O Box 4443, Rietvalleirand, 0174

Street Address:                                   533 Boekhorststreet, Elarduspark, 0181

Phone Number:                                   (012) 345 6646

Mobile Number:                                  083 632 3416

Fax Number:                                       (012) 345 6646

 

2.             The guide as described in section 10 of the Act [Section 51(1)(b)]

 

This guide on how to exercise your rights in terms of the Act can be obtained from the SAHRC.  Please direct any queries to:

 

The South African Human Rights Commission:

PALA Unit: Research and Documentation Department

Postal Address:                                         Private Bag 2700

                                                                  Houghton

                                                                  2041

Telephone:                                                            +27 11 484 8300

Fax:                                                           +27 11 484 0582

Website:                                                     http://www.sahrc.org.za/

Email:                                                       pala@sahrc.org.za

 

3.         Categories of records of South African Technical Auditing Servces (Pty) Ltd which are available without a person having to request access in terms of the Act, i.e. voluntary disclosure  [Section 51(1)(c)]

 

South African Technical Auditing Services (Pty) Ltd is not obliged to publish a notice terms of Section 52(2) of the Act and to date has not elect4ed to do so.  Certain information is also made available to employees of South African Technical Auditing Services (Pty) Ltd which is not generally made available to the public.

 

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

 

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

 

Administration of Estates Act 66, 1965

Basic Conditions of Employment Act 75 of 1997

Close Corporations Act 69 of 1984

Companies Act 61 of 1973

Compensation for Occupational Injuries and Health Diseases Act 130 of 1993

Employment Equity Act 55 of 1998

Income Tax Act 58 of 1962

Insolvency Act No 24 of 1936 Labour Relationship Act 66 of 1995

Occupational Health and Safety Act 85 of 1993

Pension Funds Act 1956

Skills Development Act 97 of 1998

Skills Development Levies Act 9 of 1999

Stamp Duties Act 77 of 1968

Stock Exchanges Control Act 1 of 1985 and the rules and listings requirements of the JSE Securities Exchange authorized in terms thereof

Unemployment Contributions Act 4 of 2002

Unemployment Insurance Act 30 of 1966

Value Added Tax Act 89 of 1991

 

Please see legislation handout for additional possibilities

 

5.         How to request a record, a description of the subjects on which we hold records, and the categories of records held on each subject [Section 51(1)(e)]

 

5.1              How to request a record

 

Requests for access to records held by South African Technical Auditing Services (Pty) Ltd must be made on request forms that are available from the SAHRC website (http://www.sahrc.org.za/) or the Department of Justice and Constitutional Development website (www.doj.gov.za) (under ‘regulations’). 

Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided.

 

The requester must provide sufficient detail on the request form to enable the information Officer to identify the record and the requester.  The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in 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 exercise or protect and provides 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 another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of our Information Officer.

 

If a requester does not use the standard form the request may be rejected for lack of procedural compliance, refused (if sufficient information is not provided, or otherwise) or delayed.

 

Please note that requestors are also required to pay the prescribed fees.  The list of prescribed fees in respect of requests, and in respect of access to records (if the request is granted) is available on request.

 

The head of the private body must notify the requester (other than a personal requester) of the prescribed fee (if any) before further processing the request.  The requester may lodge an internal appeal or an application to Court against the tender or payment of the request fee.

 

The head of the private body will then make a decision on the request and notify the requester in the required form.

 

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

 

Kindly note that all requests to South African Technical Auditing Services (Pty) Ltd will be evaluated and considered in accordance with the Act.  Publication of this Manual and describing the categories and subject matter of information held by South African Technical Auditing Services (Pty) Ltd does not give rise to any rights to access such information or records, except in terms of the Act.

 

5.2              Subjects and categories of records held by South African Technical Auditing Services (Pty) Ltd

 

We maintain records on the following categories and subject matters.  However, please not that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honored.  All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.  In particular there may be applicable grounds of refusal of such a request, as set out in the Act.

 

Please note further that many of the records held by us are those of third parties, such as clients and employees, and we take the protection of third party confidential information very seriously.  In particular, where we act as professional advisors to clients, many of the records held are confidential and others are property of the client and not of South African Technical Auditing Services (Pty) Ltd.  Requests for access to these records will be considered very carefully.  Please ensure that requests for such records are carefully motivated.

 

5.2.1        Internal records

 

The following are records pertaining to South African Technical Auditing Services (Pty) Ltd’s own affairs:

 

-           Memoranda and Articles of Association

-           Financial records

-           Operational records

-           Intellectual property

-           Marketing records

-           Internal correspondence

-           Service records

-           Statutory records

-           Internal policies and procedures

-           Minutes of Meetings

-           Charters, codes of conduct and policies (both internal and external) to which         South African Technical Auditing Services (Pty) Ltd and its personnel subscribe; and

-           Records held by officials of South African Technical Auditing Services (Pty) Ltd

 

5.2.2.      Personnel records:

 

For the purposes of this section, ‘personnel’ means any person who works for or provides services to or on behalf of South African Technical Auditing Services (Pty) Ltd and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of South African Technical Auditing Services (Pty) Ltd.  This includes, without limitation, partners, directors, all permanent, temporary and part-time staff as well as consultants and contract workers.

 

Personnel records include the following:

 

-           Any personal records provided to us by our personnel;

-           Any records a third party has provided to us about any of their personnel;

-           Conditions of employment and other personnel-related contractual and quasi-legal records;

-           Employment policies and procedures;

-           Internal evaluation and disciplinary records; and

-           Other internal records and correspondence.

 

5.2.3        Client-related records:

 

Client-related information includes the following:-

 

-           Contracts with the client and between the client and other persons;

-           Any records a client has provided to South African Technical Auditing Services (Pty) Ltd or a third party acting for or on behalf of South African Technical Auditing Services (Pty) Ltd (including financial, legal, tax, operational, employee and similar records).

-           Working papers and notes;

-           Any research conducted by South African Technical Auditing Services (Pty) Ltd in respect of its clients or research derived by South African Technical Auditing Services (Pty) Ltd from its clients and their activities;

-           Records, reports, designs and the like generated by South African Technical Auditing services (Pty) Ltd for its clients:

-           Any records a third party has provided to South African Technical Auditing Services (Pty) Ltd, which concerns a client; and

-           Records generated by or within South African Technical Auditing Services (Pty) Ltd pertaining to the client, including transactional records.

 

5.2.4        Other Parties:

 

Records are kept in respect of other parties, including without limitation joint ventures and consortia to which South African Technical Auditing Services (Pty) Ltd is a party, contractors and sub-contractors, suppliers, service providers, and providers of information regarding general market conditions.  In addition, such other parties may possess records which can be said to belong to South African Technical Auditing Services (Pty) Ltd.  The following records fall into this category:

 

-           Personnel, client, or South African Technical Auditing Services (Pty) Ltd records which are held by another party as opposed to being held by South African Technical Auditing Services (Pty) Ltd; and

-           Records held by South African Technical Auditing Services (Pty) Ltd pertaining to other parties, including financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors or suppliers.

 

5.2.5        Other records

 

We hold further records including;-

 

-           Information relating to South African Technical Auditing Services (Pty) Ltd’s own commercial activities;

-           Procurement and administration for South African Technical Auditing Services (Pty) Ltd; and

-           Research information belonging to South African Technical Auditing Services (Pty) Ltd or carried out on behalf of a third part.

 

6.                  Other information as may be prescribed [Section 51(l)(f)]

 

No such information has been prescribed.

 

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

 

This manual is available from the South African Human Rights Commission (see details above), from South African Technical Auditing Services (Pty) Ltd (see details above), and in electronic format at http://www.sahrc.org.za/.