1 |
INTRODUCTION |
2 |
COMPANY OVERVIEW |
3 |
CONTACT PARTICULARS |
4 |
GUIDE IN TERMS OF SECTION 10 OF THE ACT |
5 |
INFORMATION OR DOCUMENTS AVAILABLE I.T.O. OTHER LEGISLATION |
6 |
RECORDS OR INFORMATION AUTOMATICALLY AVAILABLE TO THE PUBLIC |
7 |
RECORDS HELD BY THE COMPANY WHICH ARE NOT AUTOMATICALLY AVAILABLE |
8 |
PROCEDURE FOR OBTAINING ACCESS TO INFORMATION |
9 |
PRESCRIBED FEES |
10 |
GROUNDS FOR REFUSAL OF ACCESS TO RECORDS |
11 |
AVAILABILITY OF THE MANUAL |
1.2. Section 50(1) of the Act stipulates that a requester (an individual who requests information) must be given access to any record of a private body, if: -
1.3. This manual is compiled in accordance with the provisions of Section 51(1) of the Act, which stipulates that the manual must contain: -
1.3.1. the postal and street address, phone and fax number and, if available, electronic mail address of the head of the body;
1.3.2. a description of the guide referred to in Section 10, if available, and how to obtain access to it;
1.3.3. the latest notice in terms of Section 52(2), if any, regarding the categories of record of the body which are available without a person having to request access in terms of the Act;
1.3.4. a description of the records of the body which are available in accordance with any other legislation;
1.3.6. such other information as may be prescribed.
2023/261445/07
Johannesburg, Gauteng Province, South Africa
011 787 3287
INFORMATION OFFICER:Ms. Fallon Finnegan Telephone Number: 011 787 3287 E-mail: |
(please note that the list is non exhaustive)
Records are maintained in accordance with the following legislation:
No |
Act Reference |
Act Name |
1 |
46 of 1988 |
Administrative Adjudication of Road Traffic Offences Act |
2 |
75 of 1997 |
Basic Conditions of Employment Act |
3 |
53 of 2003 |
Broad Based Black Empowerment Act |
4 |
61 of 1973 |
Companies Act |
5 |
130 of 1993 |
Compensation for Occupational Injuries and Diseases Act |
6 |
25 of 2002 |
Electronic Communications and Transactions Act |
7 |
55 of 1998 |
Employment Equity Act |
8 |
15 of 1973 |
Hazardous Substances Act |
9 |
95 of 1967 |
Income Tax Act |
10 |
66 of 1995 |
Labour Relations Act |
11 |
34 of 2005 |
National Credit Act |
12 |
93 of 1996 |
National Road Traffic Act |
13 |
85 of 1993 |
Occupational Health and Safety Act |
14 |
4 of 2013 |
Protection of Personal Information Act |
15 |
2 of 2000 |
Promotion of Access to Information Act |
16 |
74 of 1977 |
Road Transport Act |
17 |
97 of 1998 |
Skills Development Act |
18 |
9 of 1999 |
Skills Development Levies Act |
19 |
28 of 2011 |
Tax Administration Act |
20 |
63 of 2001 |
Unemployment Insurance Act |
21 |
2 of 2002 |
Unemployment Insurance Contributions Act |
22 |
89 of 1991 |
Value Added Tax Act |
7.2. Employee Records:
7.2.1. Personal records of present, past and prospective employees and directors of the company;
7.2.2. Employment Contracts;
7.2.3. Personal guidelines, policies and procedures; and
7.2.4. Operational information.
8.1. All requests shall be made on the prescribed form. The form may be requested from the company’s Information Officer and is also available on the website of the South African Human Rights Commission at sahrc.org.za.
8.2. The prescribed form shall be submitted to the Information Officer at his office address or e-mail address.
8.3.6. the right which the requester is seeking to protect with an explanation of the reason the record is required to exercise or protect the right.
8.5. The Information Officer of the company, as soon as reasonably possible and within 30 (THIRTY) days after the request has been received, shall decide whether or not to grant the request.
8.6. If the request is granted, the Information Officer will notify the requester of the fees in terms of Section 54 of the Act, applicable for the reproduction of the record/s and/or access fees, the reasonable time spent in preparing the documents and postal charges (if applicable).
The following applies to requests (other than personal requests):
9.1. A requestor is required to pay the prescribed fees before a request will be processed;
9.2. If the preparation of the record requested requires more than the prescribed hours, a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);
9.3. A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;
9.4. Records may be withheld until the fees have been paid.
9.5. The fee structure is available on the website of the South African Human Rights Commission at sahrc.org.za.
10.1. The Act provides a number of grounds on which a request for access to information must be refused.
10.2. The Information Officer of the company may refuse access to records if:
10.2.1. the record contains trade secrets of a third party;
10.2.2. the record contains financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party; or
10.2.3. information supplied in confidence by a third party the disclosure of which could reasonably be expected to put that third party at a disadvantage in contractual or other negotiations or to prejudice that third party in commercial competition;
10.2.4. the disclosure of the record would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement;
10.2.5. its disclosure could reasonably be expected to endanger the life or physical safety of an individual;
10.2.6. the record is privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege;
10.2.7. the record contains information about research being or to be carried out by or on behalf of a third party, the disclosure of which would be likely to expose the third party or a person that is or will be carrying out the research on behalf of the third party, or the subject matter of the research, to serious disadvantage; or
10.2.8. it is in terms of any other ground provided in the complete list of the grounds for refusal, which is contained in Chapter 4 of the Act.
An unabridged version of this manual is available for inspection by the general public upon request, during office hours and free of charge at all the offices of Transit Freight Forwarding (Pty) Ltd, on the company’s website and a copy may also be requested from the South African Human Rights Commission.
The Act, forms for requesting information and the fee structure prescribed under the Act are also available on the website of the Department of Justice and Correctional Service. https://www.justice.gov.za/paia/paia.htm