PAIA

Promotion of Access to Information Act: Section 51 Manual


INTRODUCTION

This Manual has been prepared in accordance with section 51 of the Act and aims to facilitate a Request for access to a Record held by a private body that is required for the exercise or protection of any rights.

 

DEFINITIONS

Unless the context clearly indicates otherwise, the following terms shall have the meanings assigned to them hereunder, namely –

  • “Act” means the Promotion of Access to Information Act, Act 2 of 2000, as amended from time to time;
  • “Company” means INUKA as more fully described in the overview hereunder;
  • “Information Officer” means the person acting on behalf of the Company and discharging the duties and responsibilities assigned to the head of the Company by the Act.  The Information Officer is duly authorised to act as such, and such authorisation has been confirmed by the “head” of the Company in writing;
  • “Manual” means this manual published in compliance with Section 51 of the Act;
  • “Record” means any recorded information, regardless of form or medium, which is in the Possession or under the control of the Company, irrespective of whether or not it was created by the Company;
  • “Request” means a request for access to a Record of the Company;
  • “Requestor” means any person, including a public body or an official thereof, making a Request for access to a Record of the Company and includes any person acting on behalf of that person; and
  • “SAHRC” means the South African Human Rights Commission.
  • Unless a contrary intention clearly appears, words signifying: –
    • the singular includes the plural and vice versa;
    • any one gender includes the other genders and vice versa; and
    • natural persons include juristic persons.

Unless otherwise stated, terms defined in the Act shall have the same meaning in this Manual.

 

OVERVIEW OF THE COMPANY

INUKA Fine Fragrances is a Company incorporated in accordance with the company laws of South Africa.

The Founder is, Alma Gericke, and the history of the Company involves our Founder’s vision to create rewarding and financially sustainable business opportunities for people from all walks of life. INUKA Fragrances, meaning “surrounded by smell”, was established in June 2010. INUKA is a Network Marketing Company that sells luxury high quality cosmetic and fragranced products at wholesale prices to independent entrepreneurs.

 

CONTACT DETAILS OF INFORMATION OFFICER (SECTION 51(1)(a))

The Chief Executive of the Company, as head of the private body, has delegated his powers to the Head of IT, as Information Officer, whose details appear hereunder for purposes of dealing with all matters in connection with Requests for information on the Company’s behalf and to ensure compliance with the Act.

Information Officer: Gerald de Jager

Postal address:

Unit 5, Bellpark Building
Corner of Durban Road and De Lange Street
Bellville, Western Cape
7530 South Africa

Email: [email protected]

Website: www.inuka.co.za

 

GUIDE TO THE ACT (SECTION 51(1)(b) READ WITH SECTION 10)

The SAHRC has compiled a guide, as required by Section 10 of the Act, containing such information as may reasonably be required by a person who wishes to exercise any right contemplated in this Act.

The guide is available on the SAHRC website, https://www.sahrc.org.za/.

Please direct enquiries to:

The South African Human Rights Commission:
PAIA Unit
The Research and Documentation Department
Postal address:

Private Bag X2700
Houghton
2041

Telephone: +27 11 877 3600
Fax: +27 11 403 0668
Website: www.sahrc.org.za
Email: [email protected]

 

AUTOMATIC DISCLOSURE – CATEGORIES OF RECORDS AVAILABLE WITHOUT HAVING TO REQUEST ACCESS [SECTION 51(1)(c)]

The following Records are automatically available without a person having to request access in terms of the Act:

  • The web page inuka.co.za is accessible to anyone who has access to the Internet. The Company website hosts the following categories of information:
    • Brands
    • Company info
    • Corporate Info
    • Corporate Profile
    • Career Opportunities
    • Product and promotional brochures/pamphlets
    • News and marketing information
    • Corporate communications
    • Other literature intended for public viewing.

 

RECORDS AVAILABLE IN TERMS OF LEGISLATION [SECTION 51(1)(d)]

Records are kept in accordance with the following legislation:

  • Basic Conditions of Employment Act, 1997
  • Businesses Act, 1991
  • Companies Act, 2008
  • Consumer Protection Act, 2008
  • Compensation for Occupational Injuries and Diseases Act, 1993
  • Electronic Communications and Transactions Act, 2002
  • Employment Equity Act, 1998
  • Foodstuffs, Cosmetics and Disinfectants Act, 1972
  • Income Tax Act, 1962
  • Labour Relations Act, 1995
  • Occupational Health and Safety Act, 1993
  • Skills Development Act, 1998
  • Skills Development Levies Act, 1999
  • Trademarks Act, 1993
  • Unemployment Insurance Act, 2001
  • Value Added Tax Act, 1991

 

CATEGORIES OF RECORDS HELD AND SUBJECT TO REQUEST

Statutory and Legal

  • Statutory registers
  • annual reports
  • statutory Records & returns, including incorporation documents, memorandum of incorporation and share register
  • minutes of meetings:
    • board
    • board and statutory committees
    • management committees
  • contractual and legal agreements
  • intellectual property: trademarks certificates
  • licenses
  • copyrights & designs
  • health and safety records

 

Human Resources

  • HR policies & procedures
  • Employment equity plan and report
  • Skills development plan and report
  • Employee Records
  • Benefits
  • IR disciplinary and grievance procedures and hearings, including CCMA Records
  • Union negotiation Records
  • Incentive scheme rules

 

Administration, Finance & Accounting

  • Accounting Records
  • Auditors reports
  • Tax returns
  • VAT returns
  • Policies & procedures

 

Retirement Fund

  • Pension and provident fund rules
  • Correspondence
  • Statutory Records and returns

 

Insurance

  • Policies, including coverage, limits and insurers
  • Claim Records

 

Information technology

  • Hardware
  • Software packages
  • Licences
  • IT policies and procedures
  • Operating systems

 

Sales and Marketing

  • Customer Records
  • Credit application forms
  • Statements of account
  • Terms & conditions
  • Marketing material and media releases: brochures, newsletters and advertising materials

 

Assets

  • Land and building register
  • Fixed assets register
  • Title deeds
  • Leases

 

Operational Information

This information can be defined as information needed in the day-to-day running of the organization. Internal telephone lists, address lists, company policies, company procedures, human resource manuals, administration manuals, industry-related statistical data, management information reports, lease agreements, construction contracts and architectural drawings.

 

ACCESS: PROCEDURE AVAILABLE AND FEES

How to Request a Record (Section 53)

  • Requests for access to Records must be made to the Information Officer in the prescribed form, Annexure 1 at the address, fax number or electronic mail address referred to above. Failure to make use of the prescribed form could result in your Request being refused or delayed.
  • A Request for access to a Record must be accompanied by payment of an initial non- refundable Request fee of R57.00 (inclusive of VAT). This fee is not applicable to personal Requests, i.e., individual seeking access to Records pertaining him/herself.
  • The Requestor must provide sufficient detail on the Request form to enable the Information Officer to clearly identify the Record as well as the Requestor’s identify, which is to be accompanied by positive proof of identification.
  • The Requestor must indicate which form of access is required and if he/she wishes to be informed on the decision on the Request in any other manner, to state the necessary particulars to be so informed.
  • Access is not automatic. The Requestor must therefore identify the right he/she is seeking to exercise or protect and provide an explanation as to why the requested Record is required for the exercise or protection of that right.
  • If a Request is made on behalf of a person, the Requestor must then submit proof, to the satisfaction of the Information Officer, of his/her authority to make the Request. Failure to do so will result in the Request being rejected.

 

Decision on Request (Section 56)

  • The Requestor will be notified, within 30 days, in the manner indicated by him/her of the outcome of his/her Request, alternatively whether an extension not exceeding 30 days is required to deal with the Request.
  • If the Request for access is granted a further access fee must be paid for the reproduction as well as the search and preparation of the Records and for any time that has exceeded the prescribed hours to search and prepare the Record for disclosure. Access will be withheld until the Requestor has made payment of the applicable fee(s).
  • In the event that the Request for access is refused, reasons for the refusal will be provided and the Requestor will be advised that he/she may lodge an application with a court against the refusal of the Request, as well as the procedure for lodging the application.
  • The Requestor may lodge an internal appeal or an application to court against the tender or payment of the Request fee.

 

Availability

This Manual is available on the company website, www.inuka.co.za, alternatively at:

Unit 5, Bellpark Building
Corner of Durban Road and De Lange Street
Bellville, Western Cape
7530 South Africa

during office hours.

 

Fees

The fees payable in respect of access to Records are attached as Annexure 2.

 

Annexure 2

 

FEES PAYABLE

1. Copy of manual

The fee for a copy of the manual is R1,10 for every photocopy of an A4-size page or part thereof.

 

2. Reproduction fees

The fees for preparation of Records 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 a copy in a computer-readable form on:
   i) Electronic media, i.e., diskette R7.50
   ii) Compact disc R70.00
d) i) For a transcription of visual images, for an A4-size page or part thereof R40.00
d) ii) For a copy of visual images R60.00
e) For a transcription of an audio Record, for an A4-size page or part thereof R20.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3. Request fee

The Request fee payable by a Requestor, other than a personal Requestor, referred to in Regulation 11(2) is R50,00.

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 a copy in a computer-readable form on –
   i) Electronic media, i.e., diskette R7.50
   ii) Compact disc R70.00
d) i) For a transcription of visual images, for an A4-size page or part thereof R40.00
d) ii) For a copy of visual images R60.00
 e) i) For a transcription of an audio Record, for an A4-size page or part thereof R20.00
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 22(2) of the Act, the following applies:

(a)        Six hours as the hours to be exceeded before a deposit is payable; and

(b)        One third of the access fee is payable as a deposit by the Requestor.

 

The actual postage is payable when a copy of a Record must be posted to a Requestor