ACCESS TO INFORMATION
PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
1. Purpose of this manual
The purpose of this manual is to assist people wishing to access information held by GAP Management in terms of the Promotion Of Access To Information Act 2 Of 2000.
2. Availability of the Promotion Of Access To Information Act 2 Of 2000
The manual is described in Section 10 of the Promotion Of Access To Information Act 2 Of 2000. Please direct any enquiries to:
The South African Human Rights Commission: PAIA Unit
The Research and Documentation Department
Private Bag 2700
Houghton
2041
Telephone: 011 484 8300
Fax: 011 484 0582
Website: www.sahrc.org.za
E-Mail: paia@sahrc.org.za
3. Terms used in this document
3.1. “Customer” and, or, “customers” refers to any natural or juristic entity that receives services from GAP
Management;
3.2. “PAIA” refers to the Promotion Of Access To Information Act 2 Of 2000;
3.3. “Personnel” and, or, “employee” and, or, “employees” and, or, “official” and, or, “officials”
3.4. “Requestor” and, or, “requestors”
3.5. “Republic”
4. Background of GAP Management
The nature of business conducted by GAP Management relates to the management of properties inclusive of, but not limited to, the administration, maintenance and securing of properties.
5. Organisation Details
5.1. Name: GAP Management
5.2. Physical Address: 96 Third Avenue, Newton Park, Port Elizabeth, 6045
5.3. Postal Address: 96 Third Avenue, Newton Park, Port Elizabeth, 6045
5.4. Telephone Number: 041 364 1986
5.5. Fax Number: 041 364 0435
5.6. E-Mail Address: info@gapmanagement.co.za
5.7. Website Address: www.gapmanagement.co.za
6. Details of the Information Officer
6.1. Name: André Ollphent
6.2. Capacity: Chief Executive Officer
6.3. E-Mail Address: andre@gapmanagement.co.za
6.4. Telephone Number: 041 364 1986
6.5. Fax Number: 041 364 0435
7. Records available in terms of other legislation
7.1. Arbitration Act 42 of 1965
7.2. Basic Conditions of Employment Act 75 of 1997
7.3. Compensation for Occupational Injuries and Diseases Act 130 of 1993
7.4. Consumer Protection Act 68 of 2008
7.5. Copyright Act 61 of 1978
7.6. Electronic Communications and Transactions Act 25 of 2002
7.7. Employment Equity Act 55 of 1998
7.8. Income Tax Act 58 of 1962
7.9. Intellectual Property Laws Amendments Act 38 of 1997
7.10. Labour Relations Act 66 of 1995
7.11. Occupational Health and Safety Act 85 of 1993
7.12. Protection of Businesses Act 99 of 1978
7.13. Skills Development Act 97 of 1998
7.14. The Constitution of the Republic of South Africa
7.15. Trade Marks Act 194 of 1993
7.16. Unemployment Insurance Act 63 of 2001
7.17. Value Added Tax Act 89 of 1991
8. Records held by GAP Management
8.1. Administration
8.1.1.Customer records
8.1.2.Documents of incorporation
8.1.3.Memorandum and Articles of Association
8.1.4.Minutes of Board of Directors meetings
8.1.5.Records relating to the appointment of directors/ auditor/ secretary/ public officer and other officers
8.1.6.Share Register and other statutory registers
8.2. Financial
8.2.1.Accounting records
8.2.2.Annual financial statements
8.2.3.Asset register
8.2.4.Banking records
8.2.5.Bank statements
8.2.6.Documents issued to employees for income tax purposes
8.2.7.Electronic banking records
8.2.8.Invoices
8.2.9.Tax Returns
8.2.10. PAYE records
8.2.11. Paid cheques
8.2.12. Records of payments made to SARS on behalf of employees
8.2.13. Rental agreements
8.2.14. UIF
8.2.15. VAT
8.2.16. Workmen’s compensation
8.3. Human Resources
8.3.1.Basic conditions of service
8.3.2.Code of conduct
8.3.3.Disciplinary code
8.3.4.Disciplinary records
8.3.5.Employment contracts
8.3.6.Employment equity plan
8.3.7.General internal policies
8.3.8.Leave records
8.3.9.SETA records
8.3.10. Salary records
8.3.11. Training manuals
8.3.12. Training records
8.4. Information Systems & Technology
8.4.1.Databases relating to all business activities
8.4.2.Digital copies of source documents
8.4.3.Emergency recovery plan
8.4.4.Information systems & technology asset register
8.4.5.Information systems & technology user policy
8.4.6.PAIA manual
8.5. Operations
8.5.1.Customer instructions
8.5.2.Customer asset recordings
8.5.3.Customer asset photos
8.5.4.Customer correspondence
8.5.5.Operational instructions
9. Request for access to information
9.1. Requests for access to records held by the GAP Management must be made on the request form as reflected in Annexure A herein. Not using this form could cause the request to be refused or delayed.
9.2. Completed requests for access to records must be made to the Information Officer using the contact methods provided herein. Submitted requests need to be accompanied by proof of payment in accordance with the prescribed fees as reflected herein.
9.3. The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester.
9.4. The requester must also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
9.5. The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.
9.6. If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of GAP Management’s Information Officer.
9.7. Note that all requests submitted to GAP Management will be evaluated and considered in accordance with the PAIA and other applicable legislation depending on the nature of the request. Publication of this manual and describing the categories and subject matter of information held by GAP Management does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of relevant legislation.
10. Refusal of access to information
Submitted requests to access information may be refused based upon the following or as motivated by GAP Management’s Information Officer:
10.1. Mandatory protection of privacy of a third party who is a natural person
10.2. Mandatory protection of certain records of South African Revenue Service
10.3. Mandatory protection of commercial information of a third party
10.4. Mandatory protection of certain confidential information, and protection of certain other confidential information of a third party
10.5. Mandatory protection of safety of individuals and protection of property
10.6. Mandatory protection of police dockets in bail proceedings, and protection of law enforcement and legal proceedings
10.7. Mandatory protection of record privileged from production in legal proceedings
10.8. Defence, security and international relations of the Republic
10.9. Economic interests and financial welfare of the Republic and commercial activities of public bodies
10.10.Mandatory protection of research information of a third party, and protection of research information of a public body
10.11.Manifestly frivolous or vexatious requests, or substantial and unreasonable diversion of resources
10.12.Mandatory disclosure in the public interest
10.13.Commercial information of a private body
11. Fees
11.1. A photocopy of an A4-size page or part thereof @ ZAR 1,10
11.2. A printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form @ ZAR 1,10
11.3. A photocopy of an A3-size page or part thereof @ ZAR 2,20
11.4. A printed copy of an A3-size page or part thereof held on a computer or in electronic or machine readable form @ ZAR 2,20
11.5. A copy in a computer-readable form on compact disc @ ZAR 70,00
11.6. A transcription of visual images, for an A4-size page or part thereof @ ZAR 40,00
11.7. A copy of visual images @ ZAR 60,00
11.8. A transcription of an audio record, for an A4-size page or part thereof @ ZAR 20,00
12. Maintenance of manual
12.1. GAP Management reserves the right to apply changes to this manual as and when required without prior notification.
12.2. Change control
2011-03-04 Draft policy published for approval by Directors and Auditors.
2011-03-31 Policy implementation.
2012-01-31 POPIA facilitation update published.