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:
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/.