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Guide to Accessing Our Information

Our Manual in terms of Section 51 of the Promotion of Access to Information Act

Table of contents

Preamble

The Promotion of Access to Information Act No. 2 of 2000, (“the Act”) came into operation on 23 November 2001. Section 51 of this Act requires that we as a private body compile a manual giving information to the public regarding the procedure to be followed in requesting information from us for the purpose of exercising or protecting rights.

Introduction to this private body

We develop and support computer information systems for private hospitals. We also do email and web hosting.

We as a private body have compiled this manual, not only to comply with the provisions of the Act, but also to foster a culture of transparency and accountability in our environment and to ensure that members of the public have effective access to information in our possession which will assist them in the exercise and protection of their rights.

Inside these pages you will be able to view the categories of information which we possess. You will also be shown the correct procedure to follow should you require access to any of this information.

A copy of this manual is also available on our website: http://xperts.co.za.

Section A – Our details

Full Name Web Xperts C. C.
Registration Number 2006/130421/23
Registered Address 6 Percy Rd
Rosebank
7700
Postal Address PO Box 63
Rondebosch
7701
Telephone Number (021) 689 8444
Fax Number (021) 689 8445
Head/CEO Stanton Miller
Designated Information Officer Stanton Miller
Email Address of Information Officer stan@xperts.co.za
Website http://xperts.co.za

Section B – The official guide

Section 10 of the Act requires the South African Human Rights Commission (SAHRC) to publish a Guide containing information reasonably required by a person wishing to exercise or protect any right in terms of this Act.

The Guide will contain the following information:

  1.  The objects of the Act;
  2. Particulars of the information officer of every public body;
  3. Particulars of every private body as are practicable;
  4. The manner and form of a request for access to information held by a body;
  5. Assistance available from both the information officers and the Human Rights Commission in terms of this Act;
  6. All remedies in law regarding acts, omissions, rights and duties, including how to lodge an internal appeal and a court application;
  7. Schedules of fees to be paid in relation to requests for access to information;
  8. Regulations made in terms of the Act.

Copies of this Guide will be available as soon as it is published by the SAHRC. Enquiries regarding the Guide can be addressed to the SAHRC, the contact details of which are as follows:

Post South African Human Rights Commission
Promotion of Access to Information Act Unit
Research and Documentation Department
Private Bag 2700
Houghton
2041
Telephone Number (011) 484-8300
Fax Number (011) 484-0582
Website http://www.sahrc.org.za
Email PAIA@sahrc.org.za

Section C – Information available in terms of the Act

Categories of information

We hold the following categories of information:

  1. Statutory Company Information
    1. Certificate of Incorporation;
    2. Certificate of Change of Name (if any);
    3. Memorandum and Articles of Association;
    4. Certificate to Commence Business;
    5. Minute Book, CM25 and CM26, as well as Resolutions passed at general/class meetings;
    6. Register of Mortgages and Debentures and Fixed Assets;
    7. Annual Financial Statements including:
      1. Annual accounts;
      2. Directors’ reports;
      3. Auditor’s report.
    8. Books of Account regarding information required by the Companies Act, 1973;
    9. Supporting schedules to books of account and ancillary books of account;
  2. Accounting Records
    1. Books of Account including journals and ledgers;
    2. Delivery notes, orders, invoices, statements, receipts, vouchers and bills of exchange.
  3. Statutory Employee Records
    1. Employees’ names and occupations;
    2. Time worked by each employee;
    3. Remuneration paid to each employee.
    4. Date of birth of each employee;
    5. Wages register;
    6. Attendance register;
    7. Salary and wages register;
    8. Staff records (after date of employment ceases);
    9. Expense accounts;
  4. Other Employee Records
    1. Employee contracts;
    2. Code of conduct.
  5. Fixed Property
    1. Leases;
  6. Movable Property
    1. Asset register;
    2. Finance and Lease Agreements;
  7. Agreements and Contracts
    1. Purchase or lease agreements.
  8. Taxation
    1. Copies of all Income Tax Returns and other tax returns and documents;
  9. Insurance
    1. Insurance policies;
    2. Claim records;
    3. Details of insurance coverages, limits and insurers.
  10. Information Technology
    1. Hardware;
    2. Operating Systems;
    3. Telephone Lines, Leased Lines and Data Lines;
    4. Software Packages;
  11. Sales and Marketing
    1. Products;
    2. Markets;
    3. Customers;
    4. Sales;
    5. Domestic and Export Orders

Procedure for requesting access to the above information

If you wish to request access to any of the above categories of information, you are required to complete a request form as set out in Annexure A hereto. These forms are available from:

  • our information officer (whose contact details are in section A of this manual);
  • the SAHRC website (www.sahrc.org.za)
  • the Department of Justice and Constitutional Development website (www.doj.gov.za).

There is a prescribed fee (payable in advance) for requesting and accessing information in terms of the Act. Details of these fees are contained in the request form.

You may also be called upon to pay the additional fees prescribed by regulation for searching for and compiling the information which you have requested, including copying charges.

It is important to note that access is not automatic – you must identify the right you are seeking to exercise or protect and explain why the record you request is required for the exercise or protection of that right. You will be notified in the manner indicated by you on the request form whether your request has been approved.

Section D – Information available in terms of other legislation

Where applicable to our operations, information is also available in terms of certain provisions of the following statutes:

  • Basic Conditions of Employment Act No. 75 of 1997
  • Companies Act No. 61 of 1973
  • Income Tax Act No. 58 of 1962
  • Labour Relations Act No. 66 of 1995
  • Legal Deposit Act No. 54 of 1997
  • Occupational Health and Safety Act No. 85 of 1993
  • Short-term Insurance Act No. 53 of 1998
  • Unemployment Insurance Act No. 63 of 2001

Where applicable to our operations, we also retain records and documents in terms of the following statutes:

  • Basic Conditions of Employment Act No. 75 of 1997
  • Companies Act No. 61 of 1973
  • Income Tax Act No. 58 of 1962
  • Labour Relations Act No. 66 of 1995
  • Machinery and Occupational Safety Act No. 6 of 1983
  • Occupational Health and Safety Act No. 85 of 1993
  • Value-added Tax Act No. 89 of 1991

Section E – Information automatically available

The following categories of records are automatically available for inspection, purchase or photocopying. In other words you do not need to request this information in terms of the Promotion of Access to Information Act.

Request forms for these categories of information are also available from our information officer, whose contact details appear in section A of this manual.

  1. Newsletters.
  2. Booklets.
  3. Pamphlets / Brochures.
  4. Other literature intended for public viewing.

Annexure A – Request for Access to Record of Private Body

Download Form C.