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Information Act Manual (Page 2...)
- Additionally, the company is legally required to ensure that certain categories of records are available for access, without a formal request:
- The Occupational Health and Safety Act No.85 of 1993;
- The Value-Added Tax Act No.89 of 1991;
- Income Tax Act No.58 of 1962;
- Companies Act No.61 of 1973;
- Basic Conditions of Employment Act No.75 of 1997;
- Employment Equity Act No.55 of 1998;
- Labour Relations Act No.66 of 1995;
- The Medical Schemes Act No.131 of 1998;
- The Compensation for Occupational Injuries and Diseases Act No.130 of 1993;
- The Health Act No.63 of 1977;
- Customs and Excise Amendment Act, 45 of 1995; and
- South African Revenue Services Act, 34 of 1997.
Notification of the availability of these records in terms of these Acts has not yet been given to the Cabinet Minister of Justice.Please note that the identification and inclusion of all pertinent legislation cannot be guaranteed.Any person who is aware of any specific legislation that should be included and which has been omitted, should contact the Company Secretary directly.
- A request for access to a record that does not fall within the categories identified in Section 7 of this manual must be done formally either via conventional mail, e-mail or fax.This request should be in the prescribed format as specified in the Act and the Regulations thereto and should be addressed to the Information Officer as identified in Section 4 of this manual.The request fee, prescribed in the Regulations, should be attached. Please note that both the formal request form and a copy of the current fee structure are available at the company's head office.Each request should:
- provide sufficient particulars for the company to identify the requester and the records requested;
- indicate the form of access required;
- specify the postal address or fax number of the requester in the Republic of South Africa; and
- identify the right the requester is seeking to exercise or protect and provide reasons for the request.
The company's Information Officer will respond to any request within30 days of receiving the request by indicating whether such request for access has been granted or not.Access may be refused under limited circumstances such as:
- Protecting personal information that the company holds about a third person (who is a natural person) from unreasonable disclosure;
- Protecting commercial information that the company holds about a third party (e.g.trade secrets, financial, commercial, scientific or technical information that may harm the commercial or financial interests of a third party);
- If disclosure would result in a breach of a duty of confidence owed to a third party;
- If disclosure would jeopardize the safety or life of an individual;
- If disclosure would prejudice or impair the security of property or means of transport;
- If disclosure would prejudice or impair the protection of a person in accordance with a witness protection scheme;
- If disclosure would prejudice or impair the protection of the safety of the public;
- The record is privileged from production in legal proceedings unless the privilege has been waived;
- If the record is a computer programme;
- Disclosure of the record will put the Company at a disadvantage in contractual or other negotiations or prejudice it in commercial competition;
- Disclosure of the record (containing trade secrets, financial, commercial, scientific, or technical information) would harm the commercial or financial interests of the Company;
- Records containing information about research being carried out or about to be carried out on behalf of a third party or the Company.
- If access to a record that contains information about a third party is requested, the company is obliged to attempt to contact such third parties to inform them of the request and to give them an opportunity to respond by either consenting to the access or by providing reasons why the access should be denied.
- If the company has searched for a record and believe that it either does not exist or cannot be found, the company will notify the requester by way of an affidavit or affirmation that it is not possible to provide access to the requested record due to its inability to locate it.The company will also provide the requester with details on the steps that were taken to try to locate the record and will confirm to the requester that, if at a later stage the record is located, the company will grant the requester access, provided that access is not prohibited in terms of Chapter 4 of Part 3 of the Act.
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