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Dear Colleagues,
I tried to attach the PAIA template for you, but
it appears to have been captured and withheld in
Cyberspace, so here it is below, unfortunately it has
now lost its format and looks quite horrid, but the
legalese / jargon is all there, laid out for you in
the correct manner. For all of you who still need
to submit before December 31st , cut, chop, change and
paste as you see fit. It is complete over-kill in
terms of how most of our businesses actually
function, but it will help you.
Anyone who has trouble reading the document please
let me know, we will only be closed on the 25th
of December, otherwise it is business as usual for
us. I can resend the information in another format
for you :
PROMOTION OF ACCESS TO INFORMATION ACT MANUAL FOR
Tall Stories cc
PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF
ACCESS TO INFORMATION ACT
1. INTRODUCTION AND PURPOSE OF THE MANUAL
1.1 This manual is published in terms of Section 51 of
the Promotion of Access to Information Act, 2000 (Act No. 2
of 2000 -- "the Act"). The Act gives effect to the
provisions of Section 32 of the Constitution of South
Africa, which provides that "everyone has the right of
access to any information held by another person and that is
required for the exercise and/or protection of any right".
Where a request is made in terms of the Act, the body to
which the request is made is obliged to release the
information, except where the Act expressly provides for the
information may or must not be released.
1.2 The reference to any information in addition to that
specifically required in terms of Section 51 of the Act does
not create any right or entitlement (contractual or
otherwise) to receive such requested information, other than
in terms of the Act.
1.3 It is important to note that the Act recognizes
certain limitations to the right of access to information,
including, but not limited to, limitations aimed at the
reasonable protection of privacy, commercial
confidentiality, and effective 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. Any request for access to information may be
refused on the grounds as set out in Chapter 4 of Part 3 of
the Act.
2. SCOPE OF APPLICATIONS
2.1 This manual has been prepared in respect of Tall
Stories and all its subsidiaries; viz:
Stone Zebra
2.2 The Information Officer named below is appointed in
respect of Tall Stories
3. INFORMATION REQUIRED UNDER SECTION 51(1)(a) OF THE
ACT: CONTACT DETAILS
Name of private body
:
Tall Stories
Information Officer (IO)
:
Meredith Kempthorne
Email address of IO
:
[email protected]
Deputy IO
:
Andre Kruger
Email address of deputy IO
:
[email protected]
Postal address
:
P.O Box 60057, Pierre van Reyneveld, Centurion, Gauteng,
0045, Republic of South Africa.
Physical address
:
Shop 12, Irene Village Mall, Irene, Centurion, Gauteng,
0157, Republic of South Africa
Phone number
:
012 662 2829
Fax number
:
N / A
Websites
:
www.tallstoriesbookshop.com
www.stonezebra.co.za
4. DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10:
SECTION 51(1)(b)
4.1 A guide has been prepared by the South African Human
Rights Commission in accordance with Section 10 of the Act.
The guide contains such 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 at their
address as detailed below:
Division
:
PAIA UNIT
Physical address
:
Braampark Forum 3
33 Hoofd Street, Braamfontein
Phone number
:
011 877 3600
Fax number
:
011 403 0668
Email
:
[email protected]
Website
:
www.sahrc.org.za
5. CATEGORIES OF INFORMATION AVALABLE WITHOUT REQUEST IN
TERMS OF SECTION 51(1)(c)
5.1 No notice in terms of Section 52(2) of the Act,
regarding the categories of records of Tall Stories which
are available without request has been published.
5.2 The information as regarding Tall Stories is
accessible at www.tallstoriesbookshop.com without request.
6. RECORDS AVALAIBLE IN TERMS OF OTHER LEGISLATION:
SECTION 51(1)(d)
Tall Stories keeps records in accordance with the
following legislation, all of which are available, subject
to such legislation and the Act:
Pick which are applicable :
Basic Conditions of Employment Act, No. 75 of 1997
Companies Act, No. 61 of 1973
Compensation for Occupational Injuries and Health Diseases
Act, No. 130 of 1993
Second-Hand Goods Act. No. 6 of 2009
Employment Equity Act, No. 55 of 1998
Income Tax Act, No. 95 of 1967
Labour Relations Act, No. 66 of 1995
Occupational Health & Safety Act, No. 85 of 1993
Promotion of Access to Information Act, No. 2 of 2000
Skills Development Act, No. 97 of 1998
Skills Development Levies Act, No. 9 of 1999
Unemployment Contributions Act, No. 4 of 2002
Unemployment Insurance Act, No. 63 of 2001
Value Added Tax Act, No. 89 of 1991
7. CATEGORIES OF RECORDS HELD IN TERMS OF SECTION 51(1)(e)
The following are the subject and categories of records
held:
Choose what is applicable :
7.1 Human resources
Personal records of the personnel
Employments contracts
Medical Aid records
Pension fund and retirement benefit records
Disciplinary records
Salary records
Training Records
Correspondence relating to personnel
Leave records
UIF Returns
Internal policies and procedures
Delete what is not applicable :
7.3 Financial and administration
VAT Records
PAYE records
Fixed asset register
Banking records
UIF Records
Management reports
Invoices
Debtors and creditors information
7.4 Information Management and Technology
Services Level Agreements
Equipment Register
Policies, Procedures and guidelines
Licensing agreements
7.5 Marketing and communication
Marketing strategies
Communications strategies
Agreements
7.6 Operations
Access control records
Archival Administration Documentation
Insurance (insurance arrangements, policies and claims)
Asset register
BEE Statistics
7.7 Safety Records
Safety manuals
Occupational Health and Safety records
Records of incidents in the workplace
7.7 Customer/Clients and third parties related records
Contracts with Clients
Any records the Client has provided to Tall Stories or a
third party acting for or on behalf of Tall Stories
Records, reports, designs and the like generated by Tall
Stories for their clients
Records generated pertaining to the Client, including
transactional records
7.8 Other records
Legal proceedings records
8. DETAILS ON HOW TO MAKE REQUESTS FOR ACCESS TO RECORDS
HELD BY THE COMPANY: SECTION 51(1)(e)
8.1 A requester requiring access to information held by
Tall Stories must complete the prescribed form available
from SAHRC website (www.sahrc.org.za) or the Department of
Justice and Constitutional Development (www.doj.gov.za), and
submit it to the Information Officer at the address, fax
number or electronic mail address provided for above, and
also make the payment of the prescribed fees.
8.2 The prescribed form must be completed with enough
particularity to enable the Information Officer to identify:
8.2.1 the record(s) requested;
8.2.2 the identity of the requester;
8.2.3 indicate which form of access is required, if
the request is granted;
8.2.4 specify the postal address or fax number of the
request in the Republic.
8.3 The requester must state that which right she or he
is seeking to exercise or protect and provide an explanation
of why the requested record is required for the exercise or
protection of such right.
8.4 The requester will be informed in writing whether
access has been granted or denied. If, in addition, the
requester requires the reasons for the decision in any
manner, she or he must state the manner and the particulars
so required.
8.5 If a request is made on behalf of another person,
then the requester must submit proof of the capacity in
which the requester is making the request to the reasonable
satisfaction of the Information Officer.
8.6 If an individual is unable to complete the prescribed
form because of illiteracy or disability, such a person may
make the request orally.
8.7 Tall Stories will process the request within 30
days, unless the requester has stated special reasons which
would satisfy the Information Officer that circumstances
dictate that the above time periods not be complied with.
9. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS
The main reason why Tall Stories may refuse a request
for information relates to the --
9.1 mandatory protection of the privacy of a third party
who is a natural person, which would involve the
unreasonable disclosure of personal information of that
natural person (section 63);
9.2 mandatory protection of the commercial information of
a third party, if the record contains --
9.2.1 trade secrets of that third party;
9.2.2 financial, commercial, scientific or technical
information which disclosure could likely cause harm to the
financial or commercial interests of that third party;
9.2.3 information disclosed in confidence by a third
party to Tall Stories, if the disclosure could put that
third party at a disadvantage in negotiations or commercial
competition (section 64);
9.3 mandatory protection of the safety of individuals and
the protection of property (section 66);
9.4 mandatory protection of confidential information of
third parties if it is protected in terms of any agreement
(section 67);
9.5 mandatory protection of records which would be
regarded as privileged in legal proceedings (section 67);
9.6 the commercial activities of Tall Stories cc, which
may include --
9.6.1 trade secrets of Tall Stories cc;
9.6.2 financial, commercial, scientific or technical
information which disclosure of could likely cause harm to
the financial or commercial interests of Tall Stories;
9.6.3 information which, if disclosed could put Tall
Stories at a disadvantage in negotiations or commercial
competition;
9.6.4 a computer program which is owned by Tall Stories,
and which is protected by copyright (section 68);
9.7 requests for information that is clearly frivolous
or vexatious, or which involve an unreasonable diversion of
resources shall be refused.
10. REMEDIES AVAILABLE WHEN Tall Stories REFUSES A
REQUEST FOR INFORMATION
10.1 Internal Remedies
Tall Stories does not have an internal appeal procedure.
As such, the decision made by the Information Officer is
final, and requesters will have to exercise such external
remedies at their disposal if the request for information is
refused, and the requester is not satisfied with the answer
supplied by the Information Officer.
10.2 External Remedies
A requester that is dissatisfied with an Information
Officer's refusal to disclose information, may within 30
days of notification of the decision, apply to a relevant
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.
10.3 Availability of this Manual
10.1 This manual is available for inspection by the
general public upon request, during office hours and free of
charge at the physical address of Tall Stories Shop 12,
Irene Village Mall, Irene, Centurion, Gauteng, 0157,
Republic of South Africa
10.2 Copies may also be requested from the SAHRC.
10.3 This manual is also published on Tall Stories
website referred to above.
*Personally, I will not be putting this manual onto
my website, but the law appears to state that we
have to do so. *
--
Regards
Meredith Kempthorne (Chairperson, Southern African Book
Dealers Association)
*Tall Stories* -
Fine Books For Discerning People
Member of the Southern African Book Dealers Association
Shop 12
Irene Village Mall
Cnr. Nellmapius and Pierre van Reyneveld
Irene
Tel : 27 (0)12 662 2829
e-mail : [email protected]
<mailto:[email protected]>Websites :
Http://tallstoriesbookshop.com
<http://www.tallstoriesbookshop.com/> *
Southern African Book Dealers Association :
*http://bookbase.com/sabda/search?dealerId=1253
<http://www.sabda.co.za/>
<http://www.sabda.co.za/>
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