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Change Management Toolbook

Access to Information Act

 

 

PROMOTION OF ACCESS TO INFORMATION ACT

 

 

 

 

 

 

PROMOTION OF ACCESS TO INFORMATION ACT

SECTION 51 MANUAL

This Manual outlines the procedures to be followed in order to file a request for access to records held by ChangeSource in terms of the above Act.

Date last amended: September 2007

 

 

INDEX

 

Introduction. 2

Definitions. 2

ChangeSource Overview. 3

Information required in terms of section 51(1)(a) of the Act 3

Description of Guide referred to in section 10: Section 51(1)(b) 4

The latest notice in terms of section 52(2) (if any) 4

Records available in terms of other legislation: Section 51(1)(d) 4

Voluntary disclosure. 4

Subjects and categories of records held by ChangeSource. 5

Availability of this Manual 6

How to access records held by ChangeSource. 7

Schedule 1. 8

Schedule 2. 13

 

 

Introduction

This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and / or protection of any right.

The reference 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.

 

Definitions

Unless the context clearly indicates otherwise, the following terms shall have the meanings assigned to them hereunder, namely –

·         Act” means the Promotion of Access to Information Act, Act 2 of 2000, as amended from time to time;

  • ChangeSource” means ChangeSource Staffing and Recruitment (Pty) Ltd, a South African company and all South African entities owned by such consultancy. This Manual applies to all such entities, both jointly and severally;
  • Information Officer” means the person acting on behalf of ChangeSource and discharging the duties and responsibilities assigned to the “head” of ChangeSource by the Act. The Information Officer is duly authorised to act as such and such authorisation has been confirmed by the “head” of ChangeSource in writing;

·         Manual” means this manual published in compliance with Section 51 of the Act;

·         Personnel” means any person who works for or provides services to or on behalf of ChangeSource and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of ChangeSource. This includes, without limitation, directors (both executive and non-executive), all permanent, temporary and part-time staff as well as associates and contract workers;

·         Record” means any recorded information, regardless of form or medium, which is in the possession or under the control of ChangeSource, irrespective of whether it was created by ChangeSource;

·         Request” means a request for access to a record of ChangeSource;

·         Requestor” means any person, including a public body or an official thereof, making a request for access to a record of ChangeSource and includes any person acting on behalf of that person.

 

Unless a contrary intention clearly appears, terms defined in the Act shall have the same meaning in this Manual.

 

 

ChangeSource Overview

ChangeSource Staffing and Recruitment (Pty) Ltd warra reere warra provides a comprehensive online information portal with integrated community functionalities to serve a growing worldwide network of change practitioners, clients and consultants.

 

Vision

To be globally regarded as THE premium site for change practitioners.

Mission

To make a real difference in the world by providing an integrating, collaborative online service to change practitioners through an easy-to use yet feature-rich website that is packed with value-added content.

 

Shared Beliefs / Values

 

·         Integrity

·         Fairness and Transparency in all we do.

·         Open collaboration for a better world.

·         Respect for diversity.

 

Information required in terms of section 51(1)(a) of the Act

 

Email address of Information Officer

This email address is being protected from spambots. You need JavaScript enabled to view it.

Postal address

PO Box 596

Parklands

2121

South Africa

Street address

Suite 2

2 Hood Avenue

Rosebank

Johannesburg

South Africa

Phone Number

+27 (0) 11 447 7077

Fax Number

+27 (0) 86 670 8937

 

Description of Guide referred to in section 10: Section 51(1)(b)

 

A Guide has been prepared in terms of section 10 of the Act by the Human Rights Commission. It contains information required by a person wishing to exercise any right contemplated by the Act. It is available in all official languages.

 

 

The Guide is available for inspection, inter alia, at the offices of the Human Rights Commission at 29 Princess of Wales Terrace, cnr York and St Andrews Street, Parktown and on its website at www.sahrc.org.za.

 

The latest notice in terms of section 52(2) (if any)

 

At this stage no notice(s) has/have been published on the categories of records that are automatically available without a person having to request access in terms of the Act.

 

Records available in terms of other legislation: Section 51(1)(d)

 

Records available in terms of other legislation are as follows:

·         Companies Act 61 of 1973

·         Income Tax Act 58 of 1962

·         Value Added Tax Act 89 of 1991

·         Labour Relations Act 66 of 1995

·         Basic Conditions of Employment Act 75 of 1997

·         Compensation for Occupational Injuries and Health Diseases Act 130 of 1993

·         Employment Equity Act 55 of 1998

·         Skills Development Act 97 of 1998

·         Skills Development Levies Act 9 of 1999

·         Unemployment Insurance Act 30 of 1966

·         Unemployment Contributions Act 4 of 2002 

 

Voluntary disclosure

 

ChangeSource is not obliged to publish a notice in terms of Section 52(2) of the Act and to date has not elected to do so. Nevertheless ChangeSource does make certain information freely available to the public in various brochures, press releases, publications and on its Internet web site at change-management-toolbook.com  as well as on several of the other websites operated by ChangeSource.

 

Certain information is also made available to employees of ChangeSource, which is not generally made available to the public. To avoid confusion, these items are not listed here but may be obtained by ChangeSource employees from an internal source.

 

Subjects and categories of records held by ChangeSource

 

We maintain records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.

 

Please note further that many of the records held by us are those of third parties, such as client 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; others subject to legal privilege and still others are the property of the client and not ChangeSource. Requests for access to these records will be considered very carefully.

 

Please ensure that requests for such records are carefully motivated to avoid rejection.

 

  • Companies Act records

·         Documents of incorporation

·         Memorandum and Article of Association

·         Minutes of Board and Directors meetings

·         Records relating to the appointment of directors/auditors and other officers

·         Share register and other statutory registers

 

  • Financial records

·         Annual financial statements

·         Tax returns

·         Accounting records

·         Banking records

      • Bank statements   
      • Paid cheques
      • Electronic banking records

·         Asset register

·         Rental agreements

·         Invoices

  • Income Tax records

·         PAYE records

·         Documents issued to employees for income tax purposes

·         Records of payments made to SARS on behalf of employees

·         All other statutory compliances:

      • VAT
      • Regional Services Levies
      • Skills Development Levies
      • UIF
      • Workman’s compensation
  • Personnel documents and records

·         Employment contracts

·         Employment equity plan –not applicable

·         Medical aid records – not applicable

·         Pension fund records – not applicable

·         Disciplinary records

·         Salary records

·         SETA records

·         Disciplinary code

·         Leave records

·         Training records

·         Training manuals

 

  • 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 ChangeSource or a third party acting for or on behalf of ChangeSource (including financial, legal, tax, operational, employee and similar records)

·         Working papers and notes

·         Any research conducted by ChangeSource in respect of its clients or research derived by ChangeSource from its clients and their activities

·         Records, reports, designs and the like generated by ChangeSource for its clients;

·         Any records a third party has provided to ChangeSource either directly or indirectly, which concerns a client

·         Records generated by or within ChangeSource pertaining to the client, including transactional records.

 

Availability of this Manual

 

A copy of this Manual is available on our website (change-management-toolbook.com) or by sending a request for a copy to the Information Officer by email. The Manual may also be inspected at our head office and the South African Human Rights Commission (“SAHRC”) at the respective addresses set out below, or from the Government Printers. This Manual will be updated from time to time, as and when required.


 

How to request access to records held by ChangeSource

 

1.       Requests for access to records held by ChangeSource must be made on the request forms that are available from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”). For the convenience of requestors, copies of such forms are included in the version of this Manual available at our head office and on our website. Please note that requestors are also required to make payment of the prescribed fees. This issue is dealt with more fully below.

 

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

 

3.       The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. If you are aware of the entity within ChangeSource that holds the record/s you are requesting, please indicate this fact clearly. Where you are unsure of the entity name, please indicate this and give the Information Officer as much detail as possible to facilitate a search for the record/s concerned. Please note that your failure to specify an entity name will not invalidate your request, but it may cause unavoidable delays.

 

4.       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.

 

5.       The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.

 

6.       If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of ChangeSource’s Information Officer.

 

7.       The standard form that must be used for the making of requests is attached as Schedule 1.

 

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

 

9.       The list detailing the prescribed fees in respect of requests and the fees in respect of access to records (if the request is granted) is attached as Schedule 2 as may be amended by fees prescribed by regulation.

 

10.   Kindly note that all requests to ChangeSource 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 ChangeSource does not give rise to any rights (whether in contract or otherwise) to access such information or records except in terms of the Act.

 

Schedule 1

 

REQUEST FOR ACCESS TO RECORDS IN TERMS OF SECTION 53(1) OF THE PROMOTION OF ACCESS TO INFORMATION ACT, NO 2 OF 2000

A. Particulars of Private Body

 State details of Information Officer as provided for in the Manual.

If you are aware of the company within the group that holds the record/s you are requesting, please indicate this fact clearly. Where you are unsure of the company name, please indicate this give as much detail to facilitate our search for the record/s concerned. Please note that your failure to specify a company name will not invalidate your request, but it may cause unavoidable delays.

 

B. Particulars of Person requesting access to the record

 (a) The particulars of the person who requests access to the records must be recorded below.

 (b) Furnish an address and/or fax number in the Republic to which information must be sent.

 (c) Proof of the capacity in which the request is made, if applicable, must be attached.

 

 Full Name and Surname: ________________________________________________________________

 Identity Number: __________________________________________________________________________

 Postal Address: __________________________________________________________________________

 Telephone Number:      ____________________________

 Fax Number:                     ____________________________

 E-mail address:                 ____________________________

 Capacity in which request is made, when made on behalf of another person:

________________________________________________________________

 

 

 

C. Particulars of person of whose behalf request is made:

This section must be completed only if a request for information is made on behalf of another person

 

Full names and Surname: __________________________________________________________________________

Identity Number: __________________________________________________________________________

 

Schedule 1 may be copied for purposes of submitting a request to ChangeSource. To obtain an editable MS Word copy, email This email address is being protected from spambots. You need JavaScript enabled to view it. .

 

 

D. Particulars of Record:

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

 (b) If the provided space is inadequate please continue on a separate folio and attach it to this form. The requester must sign all the additional folios

 

Description of the record or relevant part of the record:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

 

 

 Reference number, if available: __________________________________________________________________________

 

Any further particulars of the record:

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

E. Fees:

 

 (a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.

 (b) You will be notified of the amount of the request fee.

 (c) The fee payable for access to a record depends on the form in which the access is required and the reasonable time required to search for and prepare a record.

 (d) If you qualify for exemption of the payment of any fee, please state the reason therefore.

 Reason for exemption of payment of the fee (if any):

 ________________________________________________________________

 

 

 


F. Form of Access to the Record:

If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.

 

 

Disability:

 Form in which record is required:

 Mark the appropriate box with an “X”

NOTES:

(a) Your indication as to the required form of access depends 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, if any, will be determined partly by the form in which access is requested.

 

 

1. If the record is in written or printed form:

 

 

 Copy of record *

 

 Inspection of record

 

2. If the record consists of visual images:

(This includes photographs, slides, video recordings, computer-generated images, sketches, etc.)

 

 

 View the images

 

 Copy of the images *

 

 Transcription of the images*

 

3. If the record consists of recorded words or information which can be reproduced in sound:

 

 

 Listen to the soundtrack

 

 Transcription of soundtrack *

 

(audio cassette)

 (written or printed document)

 

 

 

4. If the record is held on computer or in an electronic or machine-readable form:

 

 Printed copy of record

 

 Printed copy of information derived from the record *

 

 Copy in computer readable form * (3,5” magnetic or optical compact disc)

 If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you?

 * A postal fee is payable.

 YES

 NO

 

 

F. Particulars of right to be exercised or protected:

If the provided space is inadequate, please continue of a separate folio and attach it to this form

The requester must sign all the additional folios

 

 Indicate which right is to be exercised or protected: ______________________________________________________________________________

 ________________________________________________________________

 Explain why the requested record is required for the exercising or protection of the aforementioned right:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

G. Notice of decision regarding request for access:

 

You will be notified in writing whether your request has been approved / denied. If you wish to be informed thereof in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

 

 

 


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

________________________________________________________________________________________________________________________________

 

 Signed at ______________________ this_______ day of ____________________ 20____

 

SIGNATURE OF REQUESTER/PERSON ON WHOSE BEHALF REQUEST IS MADE


 

Schedule 2

REPRODUCTION FEES

Where an institution has voluntarily provided the Minister with a list of categories of Records that will automatically be made available to any person requesting access thereto, the only charge that may be levied for obtaining such Records, will be a fee for reproduction of the Record in question.

THE APPLICABLE FEES FOR REPRODUCTION AS REFERRED TO ABOVE ARE:

(R 1.10)

For every photocopy of an A4-size page or part thereof

(R 0.75)

For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form.

For a copy in a computer-readable form on:

3, 5” magnetic disc (R7, 50)

Optical compact disc (R70, 00)

A transcription of visual images, for an A4-size page or part thereof (R40, 00)

For a copy of visual images (R60, 00)

A transcription of an audio record, for an A4-size page or part thereof (R20, 00)

For a copy of an audio record (R30, 00)

 

Request fees:

 Where a Requestor submits a Request for access to information held by an institution on a person other that the Requestor himself/herself, a request fee in the amount of R50, 00 is payable up-front before the institution will further process the Request received.

 

Access fees:

An access fee is payable in all instances where a Request for access to information is granted, except in those instances where payment of an access fee is specially excluded in terms of the Act or an exclusion is determined by the Minister in terms of Section 54 (8).

The applicable access fees which will be payable are:

(R 1, 10)

For every photocopy of an A4-size page or part thereof,

(R 0, 75)

For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form.

For a copy in a computer-readable form on

 3, 5” magnetic disc (R7, 50)

Optical compact disc (R70, 00)

A transcription of visual images, for an A4-size page or part thereof (R40, 00)

For a copy of visual images (R60, 00)

A transcription of an audio record, for an A4-size page or part thereof (R20, 00)

For a copy of an audio record (R30, 00)

To search for a record that must be disclosed (R30, 00)

(- per hour or part of an hour reasonably required for such search.)

Where a copy of a record needs to be posted the actual postal fee is payable.

 

Deposits:

Where the institution receives a Request for access to information held on a person other than the Requestor himself/herself and the Information Officer upon receipt of the Request is of the opinion that the preparation of the required Record of disclosure will take more than 6 (six) hours, a deposit is payable by the Requestor.

The amount of the deposit is equal to 1/3 (one third) of the amount of the applicable access.

 

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  • Postal Address:
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