LEGAL INFORMATION
- INTRODUCTION
1.1 The Act seeks, inter alia, to give effect to the constitutional right of access to any information held by the state or by any other person where such information is required for the exercise or protection of any right.
1.2 The Act also requires public and private bodies to compile manuals that provide
information on both the types and categories of records held by such public and
private bodies. SHEL ELOHIM SOLUTIONS CC (“SECURITYDIRECTORY.CO.ZA”) is a private body under paragraph (c) of the definition of “public body” in section 1 of the Act.
Company Overview
1.3 SHEL ELOHIM SOLUTIONS CC is a private company incorporated in terms of the company laws of the Republic of South Africa under registration number 2000/026529/23. The shares of SHEL ELOHIM SOLUTIONS CC are held as to 100% by the managing member of SHEL ELOHIM SOLUTIONS CC.
1.4 The main business of SHEL ELOHIM SOLUTIONS CC is
to provide:
(a) Internet directory services;
(b) Online Recruitment platforms for Companies.
- PARTICULARS IN TERMS OF SECTION 51
2.1 Contact Details – [Section 51(1)(a)]
2.1.1 The Chief Information Officer of SHEL ELOHIM SOLUTIONS CC is:
Name: Mr Ian Roberts
Physical Address:
87 Coral Road
Blouberg, 7441
2.2 The Section 10 Guide [Section 51(1)(b)]
The South African Human Rights Commission will, in terms of section 10 of the Act,
compile a guide on the use of the Act. This guide will be available from the South African
Human Rights Commission not later than August 2003 at the following address:
Private Bag X2700
Houghton
2041
Tel: (011) 484-8300
Fax: (011) 484-0582
E-mail: PAIA@sahrc.org.za
Website: www.sahrc.org.za
2.3 Records Automatically Available- [Section 51(1)(c)]
Records that are automatically available to the public are all records of SHEL ELOHIM SOLUTIONS CC lodged in terms of government requirements with various statutory bodies, including the Registrar of Companies, and the Registrar of Deeds, all records in the booklets and pamphlets published by SHEL ELOHIM SOLUTIONS CC and all records available on SHEL ELOHIM SOLUTIONS CC ‘s website.
2.4 Records available in accordance with any other legislation -[Section 51(1)(d)]
SHEL ELOHIM SOLUTIONS CC has records available in
accordance with the following legislation:
2.4.1 Income Tax Act 58 of 1962;
2.4.2 Close Corporations Act No 69 of 1984
2.4.3 Copyright Act No 98 of 1978
2.4.4 Labour Relations Act 66 of 1995;
2.4.5 Unemployment Insurance Act 30 of 1966;
2.4.6 Electronic Communications and Transactions Act No 25 of 2002
2.4.7 Promotion of Access of Information Act No 2 of 2000
2.5 The processes and procedures for requesting information or records – [Section
51(1)(e)]
2.5.1 The requester must use the prescribed form to make the request for access to a
record. The request must be made to the Information Officer whose contact
details are set out in paragraph 2.1.2 above. The request must be made to the address,
fax number or electronic mail address of such contact persons set out in paragraph 2.1.2
above.
2.5.2 The requester must provide sufficient detail on the request form to enable the
Information Officer to identify the record and the requester. The requestor should
also indicate which form of access is required. The requestor should also indicate if he or
she wishes to be informed in any other manner and state the necessary particulars to be
so informed.
2.5.3 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.
2.5.4 If a request is made on behalf of another person, the requester must submit proof of
the capacity in which the requestor is making the request, to the satisfaction of the
contact persons of SHEL ELOHIM SOLUTIONS CC.
2.5.5 The Deputy Information Officer of SHEL ELOHIM SOLUTIONS CC shall notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request.
2.5.6 In the event that SHEL ELOHIM SOLUTIONS CC refuses to give the requester access to requested records, the requester may lodge an application with a court of law for SHEL ELOHIM SOLUTIONS CC to be ordered to give the requester access to the requested records.
2.5.7 If the court orders SHEL ELOHIM SOLUTIONS CC to grant the requester access to the requested records, the requester must pay a further access fee for the reproduction, the search, preparation and time taken to provide the records, in excess of the prescribed hours to search and prepare the record for disclosure.
2.6 Grounds For Refusal of Access to Records – [Part II Chapter 4]
2.6.1 SHEL ELOHIM SOLUTIONS CC may refuse a request for information or record if that information or record relates to:
(a) mandatory protection of the privacy of a third party who is a natural person, which
involves the unreasonable disclosure of personal information of that natural person;
(b) mandatory protection of the commercial information of a third party, if the record
contains –
(i) Trade secrets of that third party;
(ii) Financial, commercial, scientific or technical information which the disclosure could
likely cause harm to the financial or commercial interests of that third party;
(iii) Information disclosed in confidence by a third party to SHEL ELOHIM SOLUTIONS CC, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition.
(c) mandatory protection of confidential information of third parties if it is protected in
terms of any agreement;
(d) mandatory protection of the safety of individuals and the protection of property;
(e) mandatory protection of records which would be regarded as privileged in legal
proceedings;
(f) the commercial activities of SHEL ELOHIM SOLUTIONS CC,
which may include –
(i) trade secrets of SHEL ELOHIM SOLUTIONS CC;
(ii) financial, commercial, scientific or technical information which disclosure could likely
cause harm to the financial or commercial interests of SHEL ELOHIM SOLUTIONS CC;
(iii) information which, if disclosed could put SHEL ELOHIM SOLUTIONS CC at a disadvantage in negotiations or commercial competition;
(iv) a computer program which is owned by SHEL ELOHIM SOLUTIONS CC and which is protected by copyright.
(g) The research information of SHEL ELOHIM SOLUTIONS CC
or third party, if its disclosure would disclose the identity of SHEL ELOHIM SOLUTIONS CC, the researcher or the subject matter of the research and would place the research at a serious disadvantage.
2.6.2 SHEL ELOHIM SOLUTIONS CC shall refuse requests for
information where such requests are frivolous or vexatious or involve an unreasonable
diversion of SHEL ELOHIM SOLUTIONS CC resources.
2.7 A Description of the Subjects of the Records Held by SHEL ELOHIM SOLUTIONS CC and the Categories in which these Subjects are Classed –
[Section 51(1)(e)]
SHEL ELOHIM SOLUTIONS CC holds the following records and
information which is categorised in the following categories
2.7.1 Company Secretarial Records
(a) Memorandum and Articles of Association;
(b) Statutory Returns;
2.7.2 Movable and Immovable Property
(a) Title deeds;
(b) Lease Agreements;
(c) Hire Agreements;
(d) Hire-purchase Agreements;
(e) Credit Sale Agreements;
(f) Ordinary and Conditional Sale Agreements.
2.7.3 Intellectual Property
(a) Trade Marks;
(b) Patents;
(c) Copyright;
(d) Designs;
(e) Know-how;
(f) Licences.
2.7.4 Insurance
(a) Policies;
(b) Insurance claim files.
2.7.5 Taxation
(a) Income tax returns;
(d) RSC Levy returns;
(c) UIF returns.
2.7.6 Human Resources
(a) Policies and procedures;
(b) Employee information;
(c) Employment agreements;
(d) Forms and applications;
(e) Standard letters and notices;
(f) Payroll reports;
(g) Payslips;
(h) IRP5’s;
2.7.7 Finance
(a) Audited annual financial statements;
(b) Management accounts;
(c) Banking details and bank accounts;
(d) Debtors/Creditors statements and invoices;
(e) General ledgers and subsidiary ledgers;
(f) General ledger reconciliation;
(g) Policies and Procedures; and
(h) Delegation of Authority.
2.7.8 Procurement
(a) Policies and Procedures;
(b) Reports and Supporting documentation;
(c) Tender documentation;
(d) Standard Terms and Conditions for supply of Services, Products and Software;
(e) Contractor, client and supplier agreements and information;
(f) Security documents;
2.7.9 Operations
(a) Billing;
(b) Customers;
(c) Databases;
(d) Book production;
(e) Tariffs;
(f) Products;
(g) Any agreements related to the operations of SHEL ELOHIM SOLUTIONS CC;
(h) Operational Agreement; and
(i) Sales and Marketing
2.7.10 Legal
(a) Contracts;
(b) Commercial disputes; and
(c) Litigation.
2.7.11 Information technology
(a) System documentation and manuals;
(b) Project, disaster recovery and implementation plans;
(c) Internet policy documentation;
(d) Computer policy documentation.
2.7.12 Administration
(a) Intranet;
(b) Correspondence with internal and external parties.
2.8 Other Information as may be prescribed – [Section 51(1)]
No information has been prescribed.
2.9 Availability of the Manual – [Section 51(3)]
This manual has been made available to the Human Rights Commission, in accordance
with paragraph 9(1) of the Regulations promulgated in terms of the Act and is published
on the website of SHEL ELOHIM SOLUTIONS CC.
2.10 Prescribed Fees in respect of Private Bodies
The following fees have been prescribed in the Regulations promulgated in terms of the
Act and must be paid by a requester before SHEL ELOHIM SOLUTIONS CC contact persons can make any records requested available to the requester.
The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every
photocopy of an A4-size page or part thereof.
The fees for reproduction referred to in regulation 11(1) are as follows:-
(a) For every photocopy of an A4-size page or part thereof R1.10
(b) For every printed copy of an A4-size page or part thereof held on a computer or in
electronic or machine readable form R0.75
(c) For copy in a computer-readable on: –
(i) compact disc
R70.00
(d) (i) For a transcription of visual images, for an A4-size page or part thereof.
(ii) For a copy of visual images.
R40.00
R60.00
The request fee payable by a requester, other than a personal requester, referred to in
regulation 11(2) is R50.00.
The access fees payable by a requester referred to in regulation 11(3) are as follows: –
1(a) For every photocopy of an A4-size page or part thereof R1.10
(b) For every printed copy of an A4-size page or part thereof held on a computer or in
electronic or machine readable form
R0.75
(c) For copy in a computer-readable on: –
(iii) compact disc
R70.00
(d) (i) For a transcription of visual images, for an A4-size page or part thereof.
(ii) For a copy of visual images.
R40.00
R60.00
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(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
R30.00
For purposes of section 54(2) of the Act, the following applies: –
(i) six hours as the hours to be exceed before a deposit is payable; and
(ii) one third of the access fee is payable as a deposit by the requester.
The actual postage is payable when a copy of a record must be posted to a requester.
2.11 Prescribed Form
The following Form C has been prescribed in Regulation 10 passed in terms of the Act
and should be completed by a requester who wants access to the records of a private body.
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