THE PROMOTION OF ACCESS TO INFORMATION ACT
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The Promotion of Access to Information Act, 2 of 2000, gives effect to the constitutional right of access to any information held by private bodies that is required for the exercise or protection of any rights.
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SECTION 51 MANUAL - FLEX DIGITAL (PTY) LTD (2020 / 710261 / 07)
TABLE OF CONTENTS
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1.INTRODUCTION
2.CONTACT DETAIL
3.HUMAN RIGHTS COMMISSION GUIDELINE………………………………………………………
4.WHO MAY REQUEST INFORMATION………………………………………………………………
5.CATEGORIES OF RECORDS………………………………………………………………………
5.1 Personnel Records………………………………………………………………………
5.2 Client related Records……………………………………………………………………
5.3 WIFI-IT EVENTS Records………………………………………………
5.4 Other Party Records………………………………………………………………………
6.ACCESS TO A RECORD………………………………………………………………………………
6.1Prescribed Access Form……………………………………………………………………
6.2Prescribed Fee………………………………………………………………………………
6.3RequestProcedure ……………………………
6.4Grounds for refusal of access of records……………………………
6.5Records that cannot be found or do not exist………………………………………………
7.DECISION ON REQUEST AND NOTICE THEREOF………………………………………………
8.THIRD PARTY NOTIFICATION AND INTERVENTION……………………………………………
9.RIGHTS OF APPEAL…………………………………………………………………………………
10.AVAILABILITY OF THE MANUAL……………………………………………………………………
FORM A …….……………………………………………………………………………………………………
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1.INTRODUCTION
This manual on access to information held by FLEX Digital (Pty) Ltd., hereinafter referred to as “FLEX”, is compiled in terms of section 51 of the Promotion of Access to Information Act (hereafter referred to as “the Act”).The object of the Act is to give effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights; and to provide for matters connected therewith.
2.CONTACT DETAILS AND GENERAL INFORMATION
The following contact details can be used to obtain information from FLEX in accordance with the Act and this manual. FLEX conducts its business from a centralised office situated in Newlands, Cape Town.
Information Officer:
Neil James Fairbridge von Hoesslin
Phone:
+27 (0)74 152 2358
E–mail:
Physical Address
146 Campground Road, 3rd floor, Snakepit Building, Newlands, Cape Town, South Africa
Website:
3.HUMAN RIGHTS COMMISSION GUIDELINE
In terms of section 10 of the Act, the South African Human Rights Commission (“SAHRC”) is responsible for developing a guide containing a description of the aims of the Act, the contact details of the information officers of all the public bodies, particulars of the public bodies, the manner of access to the records of those public bodies and the remedies available in law regarding a breach of any of the provisions of the Act. This guide is available in hard copy from the SAHRC or can be accessed on their website. The details are as follows:
Phone
+27 (11) 877 3600
E–mail
Postal Address
Private Bag: X2700 Houghton, 2041
Physical Address
Braampark Forum, 333 Hoofd Street, Braamfontein 2017
Website
4.WHO MAY REQUEST INFORMATION
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Any person may request access to information from FLEX, in terms of section 50(1) of the Act, provided that:
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The record is required for the exercise or protection of any rights.
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The requestor complies with the procedural requirements defined in the Act relating to a request for access to that record; and
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Access to the record is not refused in terms of any ground for refusal contemplated in the Act.
5.CATEGORIES OF RECORDS
All information held by FLEX is classified and grouped according to records relating to the following subjects and categories:
5.1 Personnel Records
Records which contain information of employees that include:
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Any personal records provided to FLEX by the employee/personnel,
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Any records a third party has provided FLEX about its personnel, and
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Conditions of employment and other employee–related contractual and quasi–legal records
5.2 Client related Records
Records which contain information of clients (any natural or juristic entity) that receive a service from FLEX that include:
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Any records a client has provided to FLEX or to a third party acting for and on behalf of FLEX,
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Any records a third party has provided to FLEX, and
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Records generated by or within FLEX pertaining to its clients
5.3 Other Party Records
Records pertaining to other parties held by FLEX or vice versa. Other parties include, but are not limited to suppliers, service providers and subsidiary/holding/sister companies.
5.4 FLEX Records
Records that include, but are not limited to, information relating to:
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Financial Reports
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Operations (sales, client services and claims)
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Training
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Marketing
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Newsletters
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Complaints procedures
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Internal policies and procedures
Each request will be evaluated on its own merits and should a request be made for records that fall under any of the categories of exemption, such a request will be refused.
6.ACCESS TO A RECORD
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6.1 Prescribed Access Form
Any person who wishes to request information from FLEX with the aim of protecting or exercising a right may contact the information officer as described under paragraph 2 above.
In order for the request to be entertained, the request must be received by the information officer on the prescribed form. The prescribed time periods will not commence until all pertinent information has been furnished to FLEX by the requestor.
Refer to Form A to this manual for the format of the prescribed form.
6.2 Prescribed Fee
In terms of section 54 of the Act, unless it is a personal request, a request fee will be levied as prescribed before any further processing is made. Herein below is a list of applicable fees.
A personal request means a requestor seeking access to a record containing personal information that concerns them. The only fee applicable and payable for access to records is a fee for the reproduction of records.
FLEX may withhold a record until the request fee has been paid.
TABLE OF FEES IN RESPECT OF PRIVATE BODIES
Charges Cost
Electronic PDF copy of the Manual Free
Posted Paper Copy of the Manual R15.00
Request Fee (Other than a personal requestor) R50.00
Access Fee: Electronic Record Format: A4 R0.75 per page
Reproduce: Electronic Record Format: A4 R0.75 per page
Access Fee: Photocopy Record Format: A4 R1.10 per page
Reproduce fee: Photocopy Record Format: A4 R1.10 per page
Access Fee: Transcription of Audio record: A4 R20.00 per page
Reproduce Fee: Transcription of Audio record: A4 R20.00 per page
Access Fee: Copy of Audio record R30.00
Access to or Record on Compact Disc R70.00
Access Fee: Transcription of Visual Images: A4 R40.00 per page
Reproduce Fee: Transcription of Visual Images: A4 R40.00 per page
Access Fee: Copy of Visual Image R60.00
Reproduction Fee: Copy of Visual Image R60.00
6.3 Request Procedure
The requester must use the prescribed form, annexure A to this manual, to make the request for access to a record. This must be made to the head of the private body. This request must be made to the addressor electronic mail address of the body concerned.
The requester must provide sufficient detail on the request form to enable the head of the private body to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed.
The requester must identify the right that is sought to be exercised or to be protected and provide 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 the head of the private body.
6.4 Grounds for refusal of access of records
FLEX reserves its right to refuse and or grant access to records in accordance with Chapter 4 of the Act. The grounds upon which FLEX could refuse access to records are:
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Mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person,
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Mandatory protection of the commercial information of a third party, where the requested record/s contain:
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Trade secrets of that third party;
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Financial, commercial, scientific or technical information, the disclosure of which would cause harm to the financial or commercial interests of that third party;
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Information disclosed in confidence by a third party to the institution if the disclosure of such information could put that third party at a disadvantage in negotiations or commercial competition.
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Mandatory protection of confidential information of third parties, if it is protected in terms of any agreement.
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Mandatory protection of the safety of individuals and the protection of property;
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Mandatory protection of records which are regarded as privileged in legal proceedings.
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Protection of the commercial activities of FLEX, which include:
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Trade secrets;
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Financial, commercial, scientific or technical information, the disclosure of which would harm the financial or commercial interests of FLEX;
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Information which, if disclosed, could put FLEX at a disadvantage in negotiations or commercial competition;
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Computer programs and related information technology software owned by FLEX and protected by copyright.
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Research information compiled by FLEX or a third party if its disclosure would place the research at a serious disadvantage.
6.5 Records that cannot be found or do not exist
In terms of section 55 of the Act, FLEX will after all reasonable steps have been taken to find the record requested notify the requester as prescribed by affidavit or affirmation should the record not be found or, does not exist.
7.DECISION ON REQUEST AND NOTICE THEREOF
In terms of section 56 of the Act, FLEX will notify the requestor as soon as reasonably possible within 30 days of receipt of a correctly completed request of the decision as to whether or not to grant the request. The 30–day period within which the Information Officer has to decide whether to grant or refuse the request, may be extended for a further period of not more than 30 days, if the request is made for a large amount of information, or the request requires a search for information held at another office and the information cannot reasonably be obtained within the original 30–day period.
8.THIRD PARTY NOTIFICATION AND INTERVENTION
If the request is for a record pertaining to third parties, the Information Officer must take all reasonable steps to notify the relevant third party of the request. This must be done within 21 days of receipt of the request. The third party may within 21 days thereafter either makes representation to FLEX as to why the request should be refused; alternatively, such third party, can grant written consent to the disclosure of the record.
9.RIGHTS OF APPEAL
A requestor that is dissatisfied with the Information Officer’s refusal to grant access to any information may, within 30 days of notification of the decision, apply to court for relief. Likewise, a third party dissatisfied with the Information Officer’s decision to grant a request may, within 30 days of notification of the decision, apply to court for relief.
10.AVAILABILITY OF THE MANUAL
The manual is available for inspection at the office of FLEX, free of charge, or a copy can be sourced from FLEX’s website.
FORM A
REQUEST FOR ACCESS TO A RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act, 2 of 2000)
The Information Officer
Neil James Fairbridge von Hoesslin
Physical Address
FLEX Digital (Pty) Ltd.
146 Campground Road, 3rd floor, Snakepit Building, Newlands, Cape Town, South Africa
Email address