Promotion of access to information

1. INTRODUCTION AND PURPOSE OF THE MANUAL

1.1 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”). The Act gives effect to the provisions of Section 32 of the Constitution of South Africa, which provides that “everyone has the right of access to any information held by another person and that is required for the exercise and/or protection of any right”. Where a request is made in terms of the Act, the body to which the request is made is obliged to release the information, except where the Act expressly provides that the information may or must not be released.

 

1.2 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 requested information, other than in terms of the Act.

 

1.3 It is important to note that the Act recognizes certain limitations to the right of access to information, including, but not limited to, limitations aimed at the reasonable protection of privacy, commercial confidentiality, and effective and good governance, and in a manner which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution. Any request for access to information may be refused on the grounds as set out in Chapter 4 of Part 3 of the Act.

 

2. SCOPE OF APPLICATIONS

2.1 This manual has been prepared in respect of Wilson Bayly Holmes-Ovcon (WBHO) Limited, registration number 1982/011014/06, all its subsidiaries; viz: · WBHO Construction (Pty) Ltd registration number 1983/011953/07; · Roadspan Holdings (Pty) Ltd registration number 2008/008282/07; · Insitu Pipelines (Pty) Ltd registration number 2006/037046/07; · Edwin Construction (Pty) Ltd registration number 1997/013204/07; · Matkovich & Hayes (Pty) Ltd registration number 2004/006186/07; · Renniks (Pty) Ltd registration number 2000/011668/07. The above companies shall be collectively referred to as “WBHO Group” for the purposes of this manual.

 

2.2 The Information Officer named below is appointed in respect of the WBHO Group as a whole and in respect of each of the private bodies constituting the WBHO Group.

 

3. INFORMATION REQUIRED UNDER SECTION 51(1)(a) OF THE ACT: CONTACT DETAILS

Name of private body: WBHO GROUP

Information Officer (IO): Shereen Vally-Kara (The Secretariat Division)

Email address of IO: shereenv@wbho.

Postal address: P.O Box 531, Bergvlei 2012

Physical address: 53 Andries St, Wynberg Sandton 2012

Phone number: 011 321 7200

Fax number: 011 887 4364

Websitewww.wbho.co.za

 

4. DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10: SECTION 51(1)(b)

4.1 A guide has been prepared by the South African Human Rights Commission in accordance with Section 10 of the Act. The guide contains such information as may be reasonably required by a person who wishes to exercise any right contemplated in the Act.

 

4.2 This guide is available from the SAHRC at their address as detailed below:

Division : PAIA UNIT

Physical address : Braampark Forum 3 33 Hoofd Street, Braamfontein

Phone number : 011 877 3600

Fax number : 011 403 0668 Email : paia@sahrc.org.za

Website : www.sahrc.org.za

 

5. CATEGORIES OF INFORMATION AVAILABLE WITHOUT REQUEST IN TERMS OF SECTION 51(1)(c)

5.1 No notice in terms of Section 52(2) of the Act, regarding the categories of records of WBHO Group which are available without request has been published.

 

5.2 The information as regarding WBHO Group is accessible at www.wbho.co.za without request. The website contains various categories of information relating to WBHO Group, such as, annual financial reports, structure of WBHO Group, projects undertaken by WBHO Group, details of associates and subsidiaries, careers and contact details.

 

6. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION: SECTION 51(1)(d)

WBHO Group keeps records in accordance with the following legislation, all of which are available, subject to such legislation and the Act:

· Basic Conditions of Employment Act, No. 75 of 1997

· Companies Act, No. 71 of 2008

· Compensation for Occupational Injuries and Health Diseases Act, No. 130 of 1993

· Employment Equity Act, No. 55 of 1998

· Income Tax Act, No. 95 of 1967

· Labour Relations Act, No. 66 of 1995

· Occupational Health & Safety Act, No. 85 of 1993

· Promotion of Access to Information Act, No. 2 of 2000

· Skills Development Act, No. 97 of 1998

· Skills Development Levies Act, No. 9 of 1999

· Unemployment Contributions Act, No. 4 of 2002

· Unemployment Insurance Act, No. 63 of 2001

· Value Added Tax Act, No. 89 of 1991

 

7. CATEGORIES OF RECORDS HELD IN TERMS OF SECTION 51(1)(e)

The following are the subject and categories of records held:

7.1 Human resources

· Personal records of the personnel

· Employments contracts

· Medical Aid records

· Pension fund and retirement benefit records

· Disciplinary records · Salary records

· Training Records

· Correspondence relating to personnel

· Leave records

· UIF Returns

· Internal policies and procedures

 

7.2 Secretarial

· Memorandum and Articles of Association

· Minutes of the Board of Directors

· Shareholders agreements

· Company Register

· Records relating to the appointment of directors/auditors

· Share Certificates

· Resolutions

· Minute Book

 

7.3 Financial and administration

· VAT Records

· PAYE records

· Fixed asset register

· Banking records

· UIF Records

· Management reports

· Invoices

· Debtors and creditors information

 

7.4 Information Management and Technology

· Services Level Agreements

· Equipment Register

· Policies, Procedures and guidelines

· Licensing agreements

 

7.5 Marketing and communication

· Marketing strategies

· Communications strategies

· Agreements

 

7.6 Operations

· Access control records

· Archival Administration Documentation

· Insurance (insurance arrangements, policies and claims)

· Asset register

· BEE Statistics

 

7.7 Safety Records

· Safety manuals

· Occupational Health and Safety records

· Records of incidents in the workplace

 

7.7 Customer/Clients and third parties related records

· Contracts with Clients

· Any records the Client has provided to WBHO Group or a third party acting for or on behalf of WBHO Group

· Records, reports, designs and the like generated by WBHO Group for their clients

· Records generated pertaining to the Client, including transactional records

 

7.8 Other records

· Legal proceedings records

 

8.DETAILS ON HOW TO MAKE REQUESTS FOR ACCESS TO RECORDS HELD BY THE COMPANY: SECTION 51(1)(e)

8.1 A request shall be made on the prescribed form, a copy of the form is attached marked annexure “A” (“prescribed form”). The prescribed form is also available from SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za).

 

8.2 The prescribed form shall be submitted to the Information Officer at the address, fax number or electronic mail address provided for above, and upon payment of the prescribed fees. The Information Officer shall upon receipt of the request in the prescribed form acknowledge receipt of the request and advise if there any prescribed fees payable or not and the manner of payment.

 

8.3 The prescribed form must be completed with enough particularity to enable the Information Officer to identify:

8.3.1 the record(s) requested;

8.3.2 the identity of the requester;

8.3.3 indicate which form of access is required, if the request is granted;

8.3.4 specify the postal address or fax number of the requester in the Republic.

 

8.4 The requester must state which right she or he is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of such right (section 53(2) (d)).

 

8.5 The requester will be informed in writing, within 30 days of receipt of the request, whether access has been granted or denied. If, in addition, the requester requires the reasons for the decision in any manner, she or he must state the manner and the particulars so required (section 53(2)(a) and (b) and (c) and (e).

 

8.6 If a request is made on behalf of another person, the prescribed form will still need to be completed and the requester must submit proof of the capacity in which the requester is making the request to the reasonable satisfaction of the Information Officer (section 53(2)(f)).

 

8.7 If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.

 

8.8 WBHO Group will process the request within 30 days, unless the requester has stated special reasons which would satisfy the Information Officer, that circumstances dictate that the 30 day period within which to process the request not be adhered to or followed.

 

8.9 The Information Officer may decide to extend the period of 30 days (“original period”) for another period of not more than 30 days if –

8.9.1 the request is for a large number of records;

8.9.2 the search for the records is to be conducted at premises not situated in the same town or city as the head office of the WBHO Group;

8.9.3 consultation among divisions or departments, as the case may be, of the company is required; 8.9.4 the requester consents to such an extension in writing; and

8.9.5 the parties agree in any other manner to such an extension.

 

8.10 Should the company require an extension of time, the requester shall be informed in the manner stipulated in the prescribed form of the reasons for the extension.

 

8.11 The requester will be notified of the decision of the Information Officer in the manner indicated by the requester.

 

8.12 If the request is granted, the requester shall be informed by the Information Officer in the manner indicated by the requester in the prescribed form.

 

8.13 Notwithstanding the aforegoing, the Information Officer will advise the requester in the manner stipulated by the requester in the prescribed form of-

8.13.1 the access fee to be paid for the information (in accordance with paragraph 10);

8.13.2 the format in which access will be given; and

8.13.3 the fact that the requester may lodge an appeal with a court of competent jurisdiction against the access fee charged or the format in which access is to be granted.

8.14 After access is granted, actual access to the record requested will be given as soon as reasonably possible.

 

8.15 If the request for access is refused, the Information Officer shall advise the requester in writing of the refusal. The notice of refusal shall state –

8.15.1 adequate reasons for the refusal;

8.15.2 that the requester may lodge an appeal with a court of competent jurisdiction against the refusal of the request (including the period) for lodging such an appeal.

 

8.16 Upon the refusal by the head of the Information Officer, the deposit paid by the requester will be refunded.

 

8.17 If the Information Officer fails to respond within 30 days after a request has been received, it is deemed, in terms of section 58 read together with section 56(1) of the Act, that the Information officer has refused the request.

 

9. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS

The main reason(s) why WBHO Group may refuse a request for information relates to the –

9.1 protecting of personal information regarding a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person (section 63);

 

9.2 protection of confidential commercial information of a third party, if the record contains –

9.2.1 trade secrets of that third party;

9.2.2 financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party;

9.2.3 information disclosed in confidence by a third party to WBHO Group, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition (section 64);

 

9.3 mandatory protection of the safety of individuals and the protection of property (section 66);

 

9.4 mandatory protection of confidential information of third parties if it is protected in terms of any agreement (section 67);

 

9.5 mandatory protection of records which would be regarded as privileged in legal proceedings (section 67);

 

9.6 the commercial activities of WBHO Group, which may include –

9.6.1 trade secrets of WBHO Group;

9.6.2 financial, commercial, scientific or technical information which disclosure of could likely cause harm to the financial or commercial interests of WBHO Group;

9.6.3 information which, if disclosed could put WBHO Group at a disadvantage in negotiations or commercial competition;

9.6.4 a computer program which is owned by WBHO Group, and which is protected by copyright (section 68);

 

9.7 requests for information that is clearly frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused.

 

10. FEES PAYABLE

10.1 The fees for reproduction of a record as referred to in section 52(3) are as follows –

10.1.1 for every photocopy of an A4 size page or part thereof R1,10

10.1.2 for every printed copy of an A4-size page or part thereof R0,75

10.1.3 for a copy of a compact disc R70,00

10.1.4 for a transcript of visual images for an A4 size page or part thereof R40,00 10.1.5 for a copy of visual images R60,00 10.1.6 for a transcript of an audio record, for an A4-size page or part thereof R20,00 10.1.7 for a copy of an audio record R30,00 10.2 The request fee payable by a requester, other than a personal requester is R50,00. 10.3 If the Information Officer is of the opinion that six hours will be exceeded to search, reproduce and/or prepare the information requested, a deposit is payable equal to one-third of an amount of R30 for each hour or part thereof, exceeding the six hours.

 

11. REMEDIES AVAILABLE WHEN WBHO GROUP REFUSES A REQUEST FOR INFORMATION

11.1 Internal Remedies

WBHO Group does not have an internal appeal procedure. As such, the decision made by the Information Officer is final, and requester will have to exercise such external remedies at their disposal if the request for information is refused, or the fees payable, or is unhappy with the quality of information provided, or the requester is not satisfied with the answer supplied by the Information Officer.

 

11.2 External Remedies

A requester that is dissatisfied with an Information Officer’s refusal to disclose information, may within 30 days of notification of the decision, apply to a relevant Court for relief. Likewise, a third party dissatisfied with an Information Officer’s decision to grant a request for information, may within 180 days of notification of the decision, apply to a Court for relief. For purposes of the Act, the Courts that have jurisdiction over these applications are the Constitutional Court, the High Court or another court of similar status.

 

11.3 Availability of this Manual

11.3.1 This manual is available for inspection by the general public upon request, during office hours and free of charge at the physical address of WBHO Group.

11.3.2 Copies may also be requested from the SAHRC.

11.3.3 This manual is also published on WBHO Group website referred to above.

 

12. INFORMATION OR RECORDS NOT FOUND

12.1 If all reasonable steps have been taken to find a record, and such a record cannot be found or if the records do not exist, then the Information Officer shall notify the requester, by way of an affidavit or affirmation, that it is not possible to give access to the requested record.

 

12.2 The affidavit or affirmation shall provide a full account of all the steps taken to find the record or to determine the existence thereof, including details of all communications by the Information Officer with every person who conducted the search.

 

12.3 The notice, as set out in 12.1, shall be regarded as a decision to refuse a request for access to the record concerned for the purposes of the Act.

 

12.4 If the record in question should later be found, the requester shall be given access to the record in the manner stipulated by the requester in the prescribed form unless access is refused by the Information Officer.

 

13. THIRD PARTY INFORMATION

13.1 If access is requested to a record that contains information about a third party, WBHO Group is obliged to contact this third party to inform them of the request. This enables the third party the opportunity of responding by either consenting to the access or by providing reasons why the access should be denied.

 

13.2 In the event of the third party furnishing reasons for the support or denial of access, the Information Officer will consider these reasons in determining whether access should be granted, or not.
“ANNEXURE A” REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY (Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No.2 of 2000)) [Regulation 10]

A. PARTICULARS OF PRIVATE BODY

The Information Officer: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

B. PARTICULARS OF PERSON REQUESTING ACCESS TO THE RECORD

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

(b) The address and/or fax number in the Republic to which the information is to be sent must be given. (c) Proof of the capacity in which the request is made, if applicable, must be attached.

Full names 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 ON WHOSE BEHALF THE 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:

 

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.

 

1. Description of record or relevant part of the record: ______________________________________________________________________ ______________________________________________________________________

 

2. Reference number, if available: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

 

3. Any further particulars of the ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

 

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 required to be paid as the request fee.

(c) The fee payable for access to a record depends on the form in which 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 for the fee: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

 

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) Compliance with your request in the specified form may depend 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 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*

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

Listen to the soundtrack (audio cassette)

Transcription of soundtrack* (written or printed document)

4. If 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* (stiffy or 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?

YES

NO

 

Postage is payable.

 

G. PARTICULARS OF RIGHT TO BE EXERCISED OR PROTECTED:

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.

1. Indicate which right is to be exercised or protected ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

2. Explain why the record requested is required for the exercise of protection of the

aforementioned right ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

 

H. 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 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 _______________year_______ ____________________________________________

 

Signature of requester/

person on whose behalf request is made