Access to Information
Prepared in accordance with Section 51 of the Promotion of Access to Information Act, No 2 of 200.
The Promotion of Aces to Information Act, No 2 of 2000 was enacted on the 3rd of February 2000. The purpose of this legislation is to address Section 32 (2) of the constitution of the Republic of South Africa, which provides that any person has a right to gain access to any information held by a public or private body. If the record is requested from a private body, the requester should prove that the record is required for the exercise or protection of a right. This document serves as Madibana SA (Pty) Ltd’s manual in terms of the Act to provide a reference as to the records held and the process that needs to be followed to request access to such records.
Madibana (Pty) Ltd was established in 2008, acting through it’s logistics specialist operations in the performance and provision of services including Airfreight, Seafreight, Roadfreight, Warehousing and Distribution, Couriers Services, International Commodity Trading and Customs Clearance.
Scope of the Manual.
The scope of this manual will include Madibana SA (Pty) Ltd’s operation outside the borders of the Republic of South Africa.
3. Records of the Organization.
This section serves as a reverence to the records to the records that Madibana SA (Pty) Ltd hold in order to facilitate a request in terms of the Act. This information is classified and grouped according to records relating to the following subjects and categories and held separately at the main office.
4. Personal Records.
• Personal records provided by personnel.
• Records provided by a third party relating to personnel.
• Conditions of employment and other personnel related contractual and quasi-legal records.
• Internal evaluation records and other internal records.
• Correspondence relating to personnel.
• Training schedules and material.
By the word “Personnel” we refer to any person who is in the employment of, or provides services to or on behalf of Madibana SA (Pty) Ltd and receives or is entitled to receive remuneration and any other person who assist in carrying out or conducting the business of Madibana SA (Pty) Ltd. This includes, without limitation, directors (executives and non executives) all permanent, temporary and part time staff, as well as contract workers.
5. Customer Related Records.
• Records provided by our customers.
• Records generated by or within Madibana SA (Pty) Ltd relating to its customers, including contracts and transactional records.
A “Customer” refers to any natural or juristic entity that receives services form Madibana SA (Pty) Ltd.
6. Private Body Records.
• Financial Records
• Operational records.
• Data bases.
• Information technology.
• Marketing records.
• Internal correspondence.
• Products records.
• Statutory records
• Internal policies and procedures.
• Securities and equities.
These records include, but are not limited to the records which pertain to Madibana SA (Pty) Ltd’s own affairs.
7. Other Party Records.
• Personnel, Customer or Private body records which are held by other party, as opposed to the records held by Madibana SA (Pty) Ltd it’s self.
• Records held by Madibana SA (Pty) Ltd pertaining to other parties, including, without limitation, Financial Records, Correspondence, Contractual Records, Records provided by the other party and records third parties have provided about the contractors/suppliers.
Madibana SA (Pty) Ltd may possess record pertaining to other parties, including without limitation, Contractors, Suppliers, Joint Venture Companies and Service Providers. Alternatively, such other parties may possess records that can be said to belong to Madibana SA (Pty) Ltd.
It is recorded that the accessibility of the records and documents listed above may be subject to the grounds of refusal as set out in this manual.
Grounds for refusal of access to records.
The main grounds for Madibana SA (Pty) Ltd to refuse a request for information relates to their:
a) 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.
b) Mandatory protection of the commercial information of the third party, if the record contains:
a.1. Trade secrets of the third party.
a.2. Financial, Commercial, Scientific or Technical Information of which disclosure could cause harm to the financial or commercial interest of the third party.
a.3. Information disclosed in confidence by a third party to Madibana SA (Pty) Ltd, if the disclosure could put the third party as a disadvantage in negotiations or commercial competition.
c) Mandatory protection of the safety of individuals and the protection of property/and assets.
d) Mandatory protection of record which would be regarded as privileged in legal proceedings.
e) The commercial activities of Madibana SA (Pty) Ltd which may include:
1.1. Trade secrets.
1.2. Financial, Commercial, Technical Information of which its disclosure could cause harm to the financial or commercial interest of Madibana SA (Pty) Ltd.
1.3. Information which, should it be disclosed, could put Madibana SA (Pty) Ltd at a disadvantage in negotiations or commercial competition.
1.4. A computer program which is owned by Madibana SA (Pty) Ltd and which is protected by copyright.
f) Request for information that is clearly frivolous or vexatious, or which involve an unreasonable diversion of resources, shall be refused.
Remedies available when a request is refused:
1. Internal Remedies.
A decision made by an information officer or hi/her deputy is final, requesters will have to excersice such external remedies at their own disposal if the request for information is refused, should the requester not be satisfied whit the response supplied by the information office or the deputy.
2. External Remedies:
A requester that is dissatisfied with the information officer or the deputy’s refusal to disclose information, May within 30 days of notification of the decision, apply to a court of law for relief. Likewise, a third party dissatisfied with the information officer or the deputy information officer’s decision to grant the requested information, may within 30 days of notification of the decision, apply to a court of law for relief. For the purpose of the Act, the courts that have jurisdiction over these applications are the Constitutional Court, the High Court or any other court of similar status.
3. Request procedure.
1) The requester must comply with all the procedural requirements contained in the Act relating to the request for access to a record.
2) The requester must complete the prescribed form available on the website of the South African Human Rights Commission at www.sahrc.org.za or the website of the Department of Justice and Constitutional Development (under Regulations) at www.dof.gov.za and submit same as well as payment of a requester fee and a deposit, if applicable, to the information officer or a deputy information officer at the postal or physical address, fax number or electronic email address as stated in this manual.
3) The prescribed form must be filled in with enough detail to enable the information officer or the deputy information officer to identify:
1. The record or records requested.
2. The identity of the requester.
3. Which form of access is required, should the request be granted.
4. The postal, physical, telephone and/or fax number of the requester.
4) The requester must state that he/she requires the information in order to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. In addition, the requester must clearly specify why the record is necessary to exercise or protect such a right.
5) Madibana SA (Pty) Ltd will process the request within 30 days, unless the requester has stated special reasons which will satisfy the information officer or the deputy information officer that circumstances dictate that the aforementioned time period not be completed within.
6) The requester shall be informed whether access is granted or denied in writing. If, in addition, the requester require the reasons for the decision in any other manner, he/she must state the manner and the particulars so required.
7) If a request is made on the behalf of another person, the requester should submit proof of the capacity in which the requester is making the request to the reasonable satisfaction of the information officer or the deputy information officer.
8) If an individual is unable to complete the prescribed form due to illiteracy or disability, such a person should make the request orally.
9) The requester must pay the prescribed fee, before any further processing can take place.
Access to Records held by the Organsation.
10) Records held by Madibana SA(Pty) Ltd may be accessed by request only once the prerequisites requirements for access have been met.
The Act consist of two types of fees namely:
a) A request fee which will be a standard fee.
b) An access fee which must be calculated by taking into account Production Costs, Search and Preparation time Cost and Postal Costs.
11) When the request is received by the information officer or the deputy information officer, the officer should by notice require the requester, other than personnel requestor, to pay the prescribed request fee (if any), before further processing of the request.
12) If the record is been made and the preparation of the record for the disclosure, including arrangements to make it available in the request forms, required more than the hours prescribed in the regulations for this purpose, the information officer or the deputy information officer shall notify the requester to pay as a deposit the prescribed portion of the access fee whish would be payable if the request is granted.
13) The information officer or the deputy information officer shall withhold the record until the requester has paid the requisite fees. The fee structure is available on the website of the South African Human Rights Commission which is www.sahrc.org.za or the website of the Department of Justice and Constitutional Development (under regulations) at www.doj.gov.za.
14) A requester, whose request for access to a record has been granted, must pay an access fee for reproduction, search and preparation, for any time reasonably required in excess of the, including making arrangements to make it available in the request format.
15) If a deposit has been paid in respect is a request for access, which is refused, the information officer or the deputy information officer must refund the requester.
Madibana SA (Pty) Ltd will, within 30 days of receipt off the request, decide whether to grant the access or decline the request and give the notice in writing with reasons (if required) to that effect.
The 30 day period in which Madibana SA (Pty) Ltd has to decide whether to grant access or decline the request, may be extended for a further period of not more than 30 days if the request is for a large amount of information, or the request requires a search for information held at another office of Madibana SA (Pty) Ltd and the information cannot reasonable not be obtanined within the original 30 day period. Madibana SA (Pty) Ltd will notify the requester in writing should an extension be sought.
A list of applicable legislation.
A table of legislation (appendix 1) setting out a description of the record which are available in accordance with other legislation is available from the information officer or the deputy information officer upon request.
Availability of the manual.
This manual is available on Madibana SA (Pty) Ltd’s website which is www.madibamadibana.com.
List of applicable Legislation. (this list is not exhaustive).
1) Basic Conditions of Employment Act 75 of 1997.
2) Companies Act 61 of 1973.
3) Composition for Occupational Injuries and Diseases Act 130 of 1993.
4) Employment Equity Act 55 0f 1998.
5) Income Tax Act 95 of 1967.
6) Labor Relations Act 66 of 1995.
7) Occupational Health and Safety Act 85 of 1993
8) Skills Development Levies Act 9 of 1999.
9) Trade Marks Act 194 of 1993.
10) Unemployment Insurance Fund Act 4 of 2002
11) Value Added Tax Act 89 of 1991.
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