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Promotion of Access to Information Act

in terms of the Promotion of Access to information Act

CONTENTS

A) INTRODUCTION TO GROOTBOS

B) PARTICULARS IN TERMS OF THE SECTION 51 MANUAL
1. Contact Details
2. Guide on How to use the Act
3. Records available in terms of any other legislation
4. Access to the records held by Grootbos
5. Other information as may be prescribed
6. Availability of the Manual
7. Prescribed fees and form of request


A)    INTRODUCTION TO GROOTBOS

Grootbos consists of two luxury 5 –star lodges, Garden Lodge and Forest Lodge. They are situated on 2800 Ha of fynbos habitat in the Walker Bay region of the Western Cape. Whilst hospitality is the core of the business, Grootbos also focuses on the conservation of the pristine fynbos habitat as well as various social upliftment programmes facilitated through the Grootbos Foundation. These three facets tie together the principles of Responsible Tourism and it is Grootbos’ goal to expose travellers to various elements of the country through their visit here.

B)    PARTICULARS IN TERMS OF THE SECTION 51 MANUAL

 

1. Contact Details [(Section 51 (1)(a)]

The Head: Sean Ingles, Grootbos General Manager

Postal Address: P.O. Box 148, Gansbaai, 7220

Street Address: Off R43 between Gansbaai and Stanford

Telephone: (028) 384 8000
Fax: (028) 384 8042
E-mail: seani@grootbos.co.za
Web: www.grootbos.com

2. Description of the Guide on how to use the Act [Section 51 (10(b)]

The Promotion of Access to Information Act grants a requester access to record of the company, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest. Requests in terms of the Act are required to be made in accordance with the prescribed procedures, at rates provided.

A guide on how to use the Act has been compiled by the South African Human Rights Commission (SAHRC). The Guide is available in all official languages, and is available on the website of the SAHRC or by contacting the SAHRC.

The South African Human Rights Commission
PAIA Unit
The Research and Documentation Department
Private Bag 2700, Houghton 2041
29 Princess of Wales Terrace, c/o York and St Andrews Street, Parktown
http://www.sahrc.org.za    E-mail: paia@sahrc.org.za
Tel: (011) 484 8300; Fax (011) 484 0582


3. Records available in terms of any other legislation [Section 51(1)(d)]
Records are kept and are available upon specific conditions in accordance with other legislation as is applicable to Grootbos including:

  • Basic Conditions of Employment Act 75 of 1997
  • Companies Act 69 of 1984
  • Compensation for Occupational injuries and Health Diseases Act 130 of 1993
  • Currency and Exchanges Act 114 of 1933
  • Employment equity Act 55 of 1998
  • Labour relations Act 66 of 1995
  • National Road Traffic Act 93 of 1996
  • Occupational Health and Safety Act 85 of 1993
  • Skills Development Act 97 of 1998
  • Skills Development Levies Act 9 of 1999
  • Unemployment Contributions Act No 4 of 2002
  • Unemployment Insurance Act 63 of 2001
  • Value Added Tax Act of 1991


4.             Access to the records held by Grootbos (Sections 51(1)(c) and 51(1)(e))

I.   The categories of records that are available without a person having to request access in terms of the Act (Sections 51(1)(e)]

  • Brochures
  • Newsletters

II. Records that may be requested

1. Company records

  • Minutes of Board of Directors meetings
  • Proof of company registration
  • Proof of CATHSSETA registration
  • Proof of Workmen’s Compensation Registration
  • Records relating to the appointment of directors and auditor 

2. Financial records

  • Accounting records
  • Assets register
  • Annual financial statements
  • Banking records
  • Contracts
  • Invoices
  • Rental agreement
  • Insurance information

3. Tax records

  • As issued to employees for income tax purposes
  • Documents issued to consultants for income tax purposes
  • Records of PAYE payments made to SARS on behalf of employees
  • Records of payments made in relation to VAT, Skills Development Levy, UIF and Workmen’s Compensation.
  • Tax returns

 4. Personnel records

  • Employment contracts
  • Performance management records
  • Personnel records
  • Remuneration records and policies

5. Company polices

  • Workplace policies and procedures manual

6. Operational documents and records

  • Budgets
  • Certification records
  • Client records
  • Correspondence
  • Legal records and correspondence
  • Marketing strategies and related records
  • Monitoring and evaluation reports
  • Research reports
  • Training materials 

III. The request procedure

Address your request to:

Sean Ingles, Grootbos Deputy General Manager:

PO Box 148, Gansbaai, 7220

Fax (028)384 8042

Email: seani@grootbos.co.za

Web: www.grootbos.co.za


Forms of Request: 

  • The requester must use the prescribed format (Form C, example attached) to make the request for access to a record. This must be made to be head of GROOTBOS. This request must be faxed or electronically mailed or hand delivered to the body concerned (Section 53(1)).
  • The requester must provide sufficient detail on the request to enable the head of GROOTBOS to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be informed (Sections 53(2) (a) and (b) and (c)).
  • The requester must identify the right that sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right (Section 53(2) (d)).
  • If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of GROOTBOS (Section 53(2) (f)).

     

5. Other Information as may be Prescribed (Section 51(1)(f))

The Minister of Justice and Constitutional Development has not made any regulations in this regard.

6. Availability of the Manual (section 51(3))

This Manual is available for inspection at the offices of GROOTBOS free of charge, and on the GROOTBOS website. The Manual is also available at the offices of the SARHRC.

7. Prescribed Fees and Prescribed Form of Request

A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the request fee:

  • The head of GROOTBOS must 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 (Section 54(1)).
  • The fee that the requester must pay to GROOTBOS is R50. The requester may lodge an application to the court against the tender or payment of the request fee (Section 54(3) (b)).
  • After the head of GROOTBOS has made a decision on the request, the requester must be notified in the required form.
  • If the request is granted the a further access fee must be paid for the search, reproduction, preparation and for any time that has exceed the prescribed hours to search and prepare the record for disclosure (Section 54(6)).

Attached is a list of fees in respect of private bodies as well as a copy of Form C, which is the request form. This information is also available on the website of the SAHCR: http://www.sahrc.org.za/