Manual prepared in accordance with section 51 of the promotion of access to information act no.2 of 2000 (Private Body)
The Promotion of Access to Information Act, No 2 of 2000 (“the Act”) was enacted on 3 February 2000, giving effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights. Where a request is made in terms of the Act, the body to whom 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. The Act sets out the requisite procedural issues attached to such request.
PURPOSE OF THE MANUAL
This manual is intended to foster a culture of transparency and accountability. In order to promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in terms of the Act in order for them to exercise their rights in relation to public and private bodies.
Section 9 of the Act however recognises that such right to access to information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:
· Limitations aimed at the reasonable protection of privacy;
· Commercial confidentiality; and
· Effective, efficient 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.
Whenever reference is made in this manual to “Private Body” it will refer to the above mentioned company, for whom this manual is drafted.
Ratio Corporate is a financial consulting firm specializing in accounting & tax services for small to medium size businesses. Information relating to the firm is available on the company’s website at www.ratiocorporate.com
INFORMATION OFFICER & PRINCIPAL MEMBER: Mr. Mohammed Bhamjee
BUSINESS NAME: Ratio Corporate CC
PHYSICAL ADDRESS: 143 Beyers Naude Drive,
POSTAL ADDRESS: PO Box 2839
TELEPHONE NUMBER: +27 11 888 3133
FAX NUMBER: +27 11 888 4649
GUIDE IN TERMS OF THE SECTION 10 OF THE ACT
The guide will be available from the South African Human Rights Commission by August 2003. Any person wishing to exercise any right contemplated in the Promotion of Access to Information Act, 2000 may obtain a copy of the information guide issued by the South African Human Rights Commission from: The South African Human Rights Commissioner PAIA Unit
Postal Address Private Bag 2700
Telephone No: +27 11 484 8300
Fax No: +27 11 484 0482
RECORDS OF RATIO CORPORATE
INFORMATION AUTOMATICALLY AVAILABLE IN TERMS OF S52(2)
At the time of submission of this manual, no notice in terms of section 52(1) of the Act had been submitted to the Minister, However, general information about the company, its services & contact details are available to the public on its website at www.ratiocorporate.com
INFORMATION / DOCUMENTATION AVAILABLE IN TERMS OF OTHER LEGISLATION (NOT AN EXHAUSTIVE LIST)
The entity is subject to the following legislations, which also have information requirements. The information as required by these acts are also available subject to the limitations as set out in those acts.
Companies Act No. 61 of 1973
Income Tax Act No. 58 of 1962
Value Added Tax Act No. 89 of 1991
Regional Services Council Act No. 109 of 1985
Unemployment Insurance Act of 63 of 2001
Labour Relations Act No. 66 of 1995
Basic Conditions of Employment Act NO. 75 of 1997
Employment Equity Act No. 55 of 1998
Skills Development Act No. 97 of 1998
Skills Development Levies Act No. 9 of 1999
Pension Funds Act No. 24 of 1956
Medical Schemes Act No. 131 of 1998
Occupational Health and Safety Act No. 85 of 1993
Compensation for Occupational Injuries and Diseases Act No. 130 of 1993
INFORMATION / DOCUMENTATION AVAILABLE IN TERMS OF THIS ACT
The following classes of records are held by the company which serve as a reference in order to facilitate a request in terms of the Act.
The information listed below is not readily available and may be requested in accordance with the procedures prescribed in terms of the Promotion of Access to Information Act.
Copies of the prescribed forms requesting information are available from Ratio Corporate or the Government Gazette No. 23119 Regulation No. 7278 of 15 February 2002 – Form C of Annexure B.
Ratio Corporate will consider all such requests received and decide whether or not the record will be granted based on inter alia the confidentiality and privilege surrounding the said record.
It is recorded that the accessibility of the documents listed herein below is subject to the grounds of refusal set out in the Act.
Financial & Management:
Records relating to commercial, financial, and professional interests including but not limited to its client database fee structures, commercial contracts with third parties and its business plans, systems, procedures and statutory records.
Records of personal information of present and prospective employees.
Records of clients containing personal information, commercial and financial information, information on agreements.
Records held by the company pertaining to other parties, including without limitation, financial records, correspondence, contractual records, records provided by the other parties and records that third parties have provided which relate to contractors and suppliers.
THE REQUEST PROCEDURE AND FEES
Any request for information in terms of this Act shall be in writing and shall comply with the terms set out in section 53 of the Act. Where applicable, payment of request and access fees shall be made in terms of section 54 of the Act.
GROUNDS FOR REFUSAL OF ACCESS TO RECORDS
The grounds for refusal are set out in the Act
REMEDIES AVAILABLE WHEN THE COMPANY REFUSES A REQUEST FOR INFORMATION
The company does not have internal appeal procedures. As such, the decision made by the information officer is final, and requestors will have to exercise such external remedies at their disposal if the request for information is refused, and the requestor is not satisfied with the answer supplied by the information officer.
A requestor that is dissatisfied with an information officer’s refusal to disclose information, may within 30 days of notification of the decision, apply to a Court for relief.
Likewise, a third party dissatisfied with an information officer’s decision to grant a request for information, may within 30 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.
The company will, within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.
The 30 day period within which the company has to decide whether to grant or refuse the request, may be extended for a further period of not more than thirty days if the request is for a large number of information, or the request requires a search for information held at another office of the company and the information cannot reasonably be obtained within the original 30 day period. The company will notify the requester in writing should an extension be sought.
AVAILABILITY OF THE MANUAL
This manual is available for inspection by the general public upon request, during office hours and free of charge at the offices of Ratio Corporate CC. The manual is also available on the company’s website www.ratiocorporate.com.
The Act, forms and fee structures prescribed under the Act are available at the website of the Department of Justice and Constitutional Development, www.doj.gov.za under Legislation, Regulations.