1. Healthcare

SECTION 51 MANUAL IN TERMS OF THE PROMOTION OF ACCESS TO
INFORMATION ACT NO 2 OF 2000
FOR
ADT Security (Proprietary) Limited
(“ADT”)
CONTENTS
Clause
Page
1.
INTERPRETATION ......................................................................................... 3
2.
INTRODUCTION ........................................................................................... 3
3.
CONTACT DETAILS ....................................................................................... 4
4.
SAHRC GUIDE ............................................................................................. 4
5.
RECORDS AVAILABLE IN TERMS OF SECTION 51(1)(D) OF THE ACT .................. 5
6.
RECORDS HELD IN TERMS OF SECTION 51(1)(E) OF THE ACT ........................... 6
7.
HOW TO REQUEST RECORDS HELD BY ADT ..................................................... 7
8.
AVAILABILITY OF THIS MANUAL .................................................................... 8
9.
GROUNDS FOR REFUSAL ............................................................................... 8
10.
RECORDS NOT FOUND OR THAT DO NOT EXIST .............................................. 9
11.
INFORMATION REQUESTED ABOUT A THIRD PARTY ......................................... 9
2
1.
INTERPRETATION
In this Manual, the following words and expressions have the following
meanings:
“Act”
the Promotion of Access to Information Act,
No 2 of 2000 together with all relevant
regulations
“Information Officer”
the person duly authorised and appointed by
ADT in clause 3 to facilitate or assist with
any request made in terms of this Act
“Manual”
this manual together with all annexures
thereto
“SAHRC”
the South African Human Rights Commission
2.
INTRODUCTION
2.1
The Act gives effect to the constitutional right of access to any information that
is held by another person and that is required for the exercise or the protection
of any rights.
2.2
This Manual is drafted to assist potential requesters with making an application
for access to information or documents held by ADT.
2.3
This Manual may be amended and updated from time to time and as soon as
any amendments have been finalised, the latest version will be made public.
2.4
This Manual will enable a requester to view the categories of information or
documents in ADT’s possession and to follow the correct procedure when
requiring access to such information or documents.
2.5
A requester must contact the Information Officer should s/he require any
assistance in respect of the use of this Manual, and/or when requesting
documents or information in terms of this Manual.
2.6
This Manual does not purport to be exhaustive of or comprehensively deal with
every procedure provided for in the Act. A requester is advised to familiarise
themselves with the provisions of the Act before lodging any request with ADT.
3
CONTACT DETAILS
3.
Managing Director:
Stuart James Clarkson
Information Officer :
Kubashnie Pillay
Street Address:
1 Charles Crescent, Eastgate Extension 4,
Sandton, Johannesburg, 2196
Postal Address:
P.O. Box 782224, Sandton, 2146
Telephone:
+27 11 259 3501
Fax:
086 12 12 405
Website:
www.adt.co.za
E-mail:
[email protected]
4.
SAHRC GUIDE
4.1
A guide has been compiled by the SAHRC, in accordance with section 10 of the
Act, which contains 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, the SAHRC may be contacted at:
4.3
The South African Human Rights Commission: PAIA Unit
The Research and Documentation Department
Postal Address: Private Bag 2700, Houghton, 2041
Telephone: +27 11 484 8300
Fax: +27 484 0582
Website: www.sahrc.org.za
Email: [email protected]
4
5.
RECORDS AVAILABLE IN TERMS OF SECTION 51(1)(D) OF THE ACT
5.1
To the extent applicable, ADT holds information/documents in accordance with
the following legislation, which includes but is not limited to:
5.1.1
Basic Conditions of Employment Act No 75 of 1997;
5.1.2
Broad Based Black Economic Empowerment Act No 53 of 2003;
5.1.3
Companies Act No 61 of 1973;
5.1.4
Companies Act No 71 of 2008;
5.1.5
Compensation for Occupational Injuries and Health Diseases Act No
130 of 1993;
5.1.6
Criminal Procedure Act No 51 of 1977;
5.1.7
Employment Equity Act No 55 of 1998;
5.1.8
Financial Intelligence Centre Act No 38 of 2001;
5.1.9
Firearms Control Act No 60 of 2000;
5.1.10
General Pensions Act No 29 of 1979;
5.1.11
Income Tax Act No 95 of 1967;
5.1.12
Labour Relations Act No 66 of 1995;
5.1.13
Manpower Training Act No 56 of 1981;
5.1.14
Occupational Health and Safety Act No 85 of 1993;
5.1.15
Pension Funds Act No 24 of 1956;
5.1.16
Private Security Industry Regulation Act No 56 of 2001;
5.1.17
Regional Services Councils Act No 109 of 1985;
5.1.18
Unfair Business Practices Act No 71 of 1988;
5.1.19
Unemployment Contributions Act No 4 of 2002;
5.1.20
Unemployment Insurance Act No 63 of 2001;
5.1.21
Value Added Tax Act No 89 of 2001; and
5.1.22
Wages Act No 5 of 1957.
5
6.
RECORDS HELD IN TERMS OF SECTION 51(1)(E) OF THE ACT
6.1
Legal and Secretarial:
6.2
6.3
6.4
6.1.1
Memorandum of Incorporation;
6.1.2
registers;
6.1.3
annual reports;
6.1.4
agreements; and
6.1.5
licenses.
Human Resources and Administration:
6.2.1
internal policies and procedures;
6.2.2
skills development plan;
6.2.3
employment contracts;
6.2.4
health and safety records;
6.2.5
organisational structure;
6.2.6
correspondence;
6.2.7
payroll; and
6.2.8
staff records and reports.
Finance and Accounting:
6.3.1
accounting records;
6.3.2
financial statements;
6.3.3
finance and tax records;
6.3.4
asset register; and
6.3.5
management accounts.
Public Relations:
6.4.1
marketing publications and guidelines; and
6.4.2
media releases.
6
6.5
6.6
Operations:
6.5.1
access control records;
6.5.2
agreements;
6.5.3
archival administration documentation;
6.5.4
insurance documentation; and
6.5.5
vehicle registration documentation.
Information Management and Technology:
6.6.1
agreements; and
6.6.2
equipment register.
6.7
Customer Records.
6.8
Supplier Records.
6.9
Contractor Records.
7.
HOW TO REQUEST RECORDS HELD BY ADT
7.1
The prescribed form attached hereto as “A” must be used to make the request
for access to a record.
7.2
A request must be made to the Information Officer in accordance with the
information provided in clause 3.
7.3
Sufficient detail of the request made must be provided on the request form to
enable the Information Officer to clearly identify the records as well the
requester’s specific identity, and positive proof of identification must be provided
by the requester.
7.4
A requester must indicate which form of access is required.
7.5
A requester must indicate necessary particulars of information or documents so
required.
7.6
A requester must identify the right that they are seeking to protect or that they
wish to exercise and they must provide an explanation as to why the requested
record is required for the protection or exercise of that right.
7.7
If a requester is making a request on behalf of another person, they must
submit proof, to the satisfaction of the Information Officer of their authority to
7
make such a request. Failure to do so will result in the request being rejected.
7.8
The applicable prescribed fee as set out in annexure “B” must be paid by the
requester.
8.
AVAILABILITY OF THIS MANUAL
8.1
This Manual is available for inspection during office hours, at no cost at the
physical address stipulated in clause 3.
8.2
A copy of this manual, or a part thereof, can be obtained from either:
8.2.1
ADT’s physical address at the prescribed fee in terms of annexure “B”;
8.2.2
the South African Human Rights Commission, whose details are set
out in clause 4 above; or
8.2.3
ADT’s website as stipulated in clause 3.
9.
GROUNDS FOR REFUSAL
9.1
In terms of the Act, there are certain grounds upon which ADT may refuse to
grant a requester access to its records as certain categories of information may
be subject to protection in the interests of privacy. Such records which may be
protected would include but would not be limited to:
9.1.1
records which contain private information of a third party who is a
natural person;
9.1.2
records which contain commercial information of a third party;
9.1.3
records which contain confidential information of a third party, the
disclosure of which could be reasonable expected to put that third
party at a disadvantage in contractual or other negotiations or to
prejudice that party in commercial competition;
9.1.4
records which contain information that if disclosed could endanger the
safety of an individual or if such information could impair a party’s
protection of their property;
9.1.5
records which contain commercial information relating to the private
body in question which would include information regarding trade
secrets, financial, commercial or technical information, the disclosure
of which would cause harm to the commercial or financial interests of
the body;
9.1.6
records
which
contain
information
relating
to
the
research
information of a third party or of the private body in question.
8
of
10.
RECORDS NOT FOUND OR THAT DO NOT EXIST
10.1
If all reasonable steps have been taken to find a record and such record cannot
be found or if the record does 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 record.
10.2
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 and every person who conducted the
search.
10.3
The notice, as set out in clause 10.1, shall be regarded as a decision to refuse
a request for access to the record concerned for the purposes of the Act.
10.4
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.
10.5
The attention of the requester is drawn to the provisions of Chapter 4 of Part 3
of the Act in terms of which ADT may refuse, on certain specified grounds, to
provide information to a requester.
11.
INFORMATION REQUESTED ABOUT A THIRD PARTY
11.1
Section 71 of the Act makes provision for a request for information or records
about a third party.
11.2
In considering such request, ADT will adhere to the provisions of section 71 to
74 of the Act.
11.3
The attention of the requester is drawn to the provisions of Chapter 5 of Part 3
of the Act in terms of which ADT is obliged, in certain circumstances to advise
third parties of requests lodged in respect of information applicable to or
concerning such third parties. In addition, the provisions of Chapter 2 of Part 4
of the Act entitle third parties to dispute the decisions of the Information Officer
by referring the matter to the High Court.
9
ANNEXURE A
FORM B
REQUEST FOR ACCESS TO RECORDS OF ADT
(Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)
A.
Particulars of ADT
The Head:
B.
Particulars of requester
(a)
The particulars of the person who requests access to the record must be
recorded below.
(b)
Furnish an address and/or fax number in the Republic to which information must
be sent.
(c)
Proof of the capacity in which the request is made, if applicable, must be
attached.
Full names and surname:
Identity number:
Postal address:
Fax number:
Telephone number:
e-mail address:
Capacity in which request is made, when made on behalf of another person
C.
Particulars of person on whose behalf 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 record:
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.
You will be notified of the amount required to be paid as the request fee.
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.
If you qualify for exemption of the payment of any fee, please state the reason
therefore.
(b)
(c)
(d)
Reason for exemption from payment of fees:
F.
Form of access to 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)
Your indication as to the required form of access depends 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*
2.
inspection of record
If the record consists of visual images (this includes photographs, slides, video recordings, computer-generated images,
sketches, etc.)
view the images
3.
copy of the images*
transcription of the
images*
If record consists of recorded words or information which can be
reproduced in sound listen to the soundtrack (audio
cassette)
4.
transcription of soundtrack*
(written or printed document)
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*
*If you requested a copy of transcription of a record (above), do
you wish the copy or transcription to be posted to you?
A postal fee is payable.
G.
copy in computerreadable form
(stiffy or compact
disc)
YES
NO
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 requested record is required for the exercising or 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 thereof 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
20
SIGNATURE OF REQUESTER / PERSON ON
WHOSE BEHALF REQUEST IS MADE
ANNEXURE B
FEES
1.
All prices listed below are exclusive of value added tax as set out in the Value
Added Tax Act No 89 of 1991.
SECTION 54(7) OF THE ACT
2.
The request fee payable by a requester, other than a personal requester (ie a
person seeking access to records that contain their personal information), is
R50,00.
(a)
(b)
(c)
(d)
For every photocopy of an A4-size page or part thereof
For every printed copy of an A4-size page or part thereof
held on a computer or in electronic or machine-readable
form
For a copy in a computer-readable form on compact disc
(i) For a transcription of visual images, for an A4-size page
or part thereof
(ii) For a copy of visual images
(e) (i) For a transcription of an audio record, for an A6-size
page or part thereof
(ii) For a copy of an audio record
(f)
To search for and prepare the record for disclosure, for
each hour or part of an hour reasonably required for such
search and preparation
(g) For every printed copy of an A4-size page or part thereof
held on a computer or in electronic or machine-readable
(h) For a copy in a computer-readable form on compact disc
(i) (i) For a transcription of visual images, for an A4-size page
or part thereof
(ii) For a copy of visual images
(j) (i) For a transcription of an audio record, for an A6-size
page or part thereof
(ii) For a copy of an audio record
R1,10
R0,75
R70,00
R40,00
R60,00
R20,00
R30,00
R30,00
R0,75
R70,00
R40,00
R60,00
R20,00
R30,00
The actual postage is payable when a copy of a record must be posted to a
requester.
3.
SECTION 54(2) OF THE ACT
Six hours are the hours to be exceeded before a deposit is payable. One third of
the access fee is payable as a deposit by the requester.