promotion of access to information act
2017/000982/07
Assent Compliance (Pty) Ltd
MANUAL in terms of Section 51 of
The Promotion of Access to Information Act 2/2000 (the “ACT”)
INDEX
- Introduction
- Contact Details
- The ACT and Section 10 Guide
- Applicable Legislation
- Schedule of Records
- Form of Request
- Prescribed Fees
- INTRODUCTION
Assent Compliance (Pty) Ltd provides legal compliance support, training and consultancy service to its customers, in the services industry.
Assent Compliance (Pty) Ltd supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.
- COMPANY CONTACT DETAILS
Directors: | Mr. D.F. Marais |
Postal Address: | 15 Zinia Road, Ridgeworth, Bellville |
Street Address: | 15 Zinia Road, Ridgeworth, Bellville |
Telephone Number: | 061 515 5194 |
Fax Number: | None |
Email: | marais@assentcompliance.co.za |
- THE ACT
3.1 The ACT grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.
3.2 Requests in terms of the ACT shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 6 and 7 of the Act.
3.3 Requesters are referred to the Guide in terms of Section 10 which has been compiled by the South African Human Rights Commission, which will contain information for the purposes of exercising Constitutional Rights. The Guide is available from the SAHRC.
The contact details of the Commission are:
Postal Address: | Private Bag 2700, Houghton, 2041 |
Telephone Number: | +27-11-877 3600 |
Fax Number: | +27-11-403 0625 |
Website: | www.sahrc.org.za |
- APPLICABLE LEGISLATION
No | Ref | Act |
1 | No 61 of 1973 | Companies Act |
2 | No 98 of 1978 | Copyright Act |
3 | No 55 of 1998 | Employment Equity Act |
4 | No 95 of 1967 | Income Tax Act |
5 | No 66 of 1995 | Labour Relations Act |
6 | No 89 of 1991 | Value Added Tax Act |
7 | No 37 of 2002 | Financial Advisory and Intermediary Services Act |
8 | No 75 of 1997 | Basic Conditions of Employment Act |
9 | No 69 of 1984 | Close Corporations Act |
10 | No 25 of 2002 | Electronic Communications and Transactions Act |
11 | No 2 of 2000 | Promotion of Access of Information Act |
12 | No 30 of 1996 | Unemployment Insurance Act |
- SCHEDULE OF RECORDS
Assent Compliance (Pty) Ltd maintains 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.
5.1. Internal Records
- Operational records
- Intellectual property
- Marketing records
- Internal correspondence
- Product records
- Statutory records
- Internal policies and procedures
5.2. Personnel records
Personnel refers to any person who works for or provides services to or on behalf of Assent Compliance (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 the Assent Compliance (Pty) Ltd. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers.
Personnel records include the following:
- Any personal records provided to the Assent Compliance (Pty) Ltd by their personnel;
- Any records a third party has provided to the Assent Compliance (Pty) Ltd about any of their personnel;
- Conditions of employment and other personnel-related contractual and quasi-legal records;
- Internal evaluation records; and
- Other internal records and correspondence.
5.3. Customer records
Please be aware that the Assent Compliance (Pty) Ltd is very concerned about protecting the confidential information of its customers. Please motivate any request for customer information very carefully, having regard to Sections 63 to 67 of the Act. Customer information includes the following:
- Any records a customer has provided to the Assent Compliance (Pty) Ltd or a third party acting for or on behalf of the Assent Compliance (Pty) Ltd;
- Contractual information;
- Customer needs assessments;
- Personal records of customers;
- Credit information and other research conducted in respect of the Assent Compliance (Pty) Ltd about customers;
- Confidential, privileged, contractual and quasi-legal records of customers;
- Customer evaluation records;
- Customer profiling;
- Performance research conducted on behalf of customers or about customers;
- Any records a third party has provided to the Assent Compliance (Pty) Ltd either directly or indirectly; and
- Records generated by or within the Assent Compliance (Pty) Ltd pertaining to customers, including transactional records.
5.4. Technical records
Technical records generated by, or pertaining to customers.
Other Parties:
Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to the Assent Compliance (Pty) Ltd. The following records fall under this category:
- Personnel, customer or the Assent Compliance (Pty) Ltd records which are held by another party as opposed to being held by the Go Pixel (Pty) Ltd; and
- Records held by the Assent Compliance (Pty) Ltd pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.
5.5. Other Records
Further records are held including:
- Information relating to the Assent Compliance (Pty) Ltd’s own commercial activities; and
- Research carried out on behalf of a client by Assent Compliance (Pty) Ltd, or commissioned from a third party for a customer;
- Research information belonging to the Assent Compliance (Pty) Ltd, whether carried out itself or commissioned from a third party.
- FORM OF REQUEST (Section 51 (1) (e))
To facilitate the processing of your request, kindly:
- Use the prescribed form, available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at sahrc.org.za.
- Address your request to the Head of the Company (CEO).
- Provide sufficient details to enable the COMPANY to identify:
- The record(s) requested;
- The requester (and if an agent is lodging the request, proof of capacity);
- The form of access required;
- The postal address or fax number of the requester in the Republic;
- If the requester wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof;
- The right which the requester is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right.
- PRESCRIBED FEES
The following applies to requests (other than personal requests):
- A requestor is required to pay the prescribed fees (R50.00) before a request will be processed;
- If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);
- A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;
- Records may be withheld until the fees have been paid.
- The fee structure is available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at sahrc.org.za.
DATE OF COMPILATION: 14/03/2018
DATE OF REVISION: 14/03/2018