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PAIA Section 51 Manual CBC BUREAU SERVICES cc


PROMOTION OF ACCESS TO INFORMATION ACT,
ACT 2 OF 2000 (“The Act”)

MANUAL IN TERMS OF SECTION 51 OF THE ACT FOR 
CBC BUREAU SERVICES CC

INTRODUCTION

[CBC BUREAU SERVICES CC] was formed on the 10th of November 1993 AS A CLOSE CORPORATION
Reg. No. CK 1993/028308/23

Computer Bureau Services.

PARTICULARS IN TERMS OF SECTION 51 OF THE ACT

The reference, in this Manual, to any information in addition to that specificically required in terms of Section .51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the act.

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

CBC BUREAU SERVICES CC
Designated Information Officer: Jennifer Dorothy Ansell
Postal address:    PO Box 1835
                                 Muldersdrift
                                 1747
Street address:    Portion 61 of Portion 9
                                  Plot 527
                                 Elandsdrift.
Phone number:    +27 11 659-0830 / 2
Fax number:         088 011 659-0832
E- mail:                   jennya@powernet.co.za
Website:                 http://www.powernet.co.za/cbc

2. The guide as described in section 10 of the Act [Section 51(1) (b)]

This guide on how to exercise your rights in terms of the Act is in the process of preparation by the SAHRC and is expected to be available in August 2003. When available, it can be obtained from the SAHRC. Please direct any queries to:

The South African Human Rights Commission:
PAIA Unit: Research and Documentation Department
Postal address:    Private Bag 2700
                                 Houghton
                                 2041
Telephone:            +27 11 484 8300
Fax                          +27 11 484 0582
Website                  http://www.sahrc.org.za
E-mail                     paia@sahrc.org.za

The latest notice in terms of section 52(2) (if any)

At this stage no notice(s) has/have been published on the categories of records that are automatically available without a person having to request access in terms of PAIA.

3. Categories of records of CBC BUREAU SERVICES CC which are available without a person having to request access in terms the Act, i.e. voluntary disclosure. [Section51(1)(c).

CBC BUREAU SERVICES CC is not obliged to publish a notice in terms of Section 52(2) of the Act and to date has not elected to do so. Nevertheless CBC BUREAU SERVICES CC does make certain information freely available to the public in various brochures, press releases, and publications.
Certain information is also made available to employees of CBC BUREAU SERVICES CC, which is not generally made available to the public. To avoid confusion, these items are not listed here but may be obtained by CBC BUREAU SERVICES CC employees from PORTION 61 OF PORTION 9 OF PLOT 527 ELANDSDRIFT.

4. Records available in terms of other legislation [Section 51(1) (d)]

Information is available in terms of the following legislation to the persons or entities specified in such legislation:

Basic Conditions of Employment Act 75 of 1997
Close Corporations Act 69 of 1984
Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
Employment Equity Act 55 of 1998
Income Tax Act 58 of 1962
Occupational Health & Safety Act 85 of l993
Labour Relations Act 66 of 1995
Skills Development Act 97 of 1998
Skills Development Levies Act 9 of 1999
Unemployment Contributions Act 4 of 2002
Unemployment Insurance Act 30 of 1966
Value Added Tax Act 89 of 1991

5. How to request a record, a description of the subjects on which we hold records and the categories of which of records held on each subject [Section 51(1)(e)]

5.1 How to request a record.

Requests for access to records held by CBC BUREAU SERVICES CC must be made on the request forms that are available from the SAHRC website (www.sahrc.org.za) or the department of justice and Constitutional Development website (www.doj.gov.za) (under “regulations”) For the convenience of requestors, copies of these forms are included in the version of this Manual available at our offices.

Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided.

The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

It is vital that the requester identifies the right that he or she is seeking to exercise or protect and provides an explanation of why the requested record is required for the exercise or protection of that right.

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 our Information Officer. If a requestor does not use the standard form (Annexure 1), the request may be rejected for lack of procedural compliance, refused (if sufficient information is not provided or otherwise) or delayed.

Please note that requestors are also required to pay the prescribed fees. The list of prescribed fees in respect of requests, and in respect of access to records (if the request is granted) is attached as Annexure 2

The head of the private body must notify the requester (other than a personal requester) of the prescribed fee (if any) before further processing the request. The requester may lodge an internal appeal or an application to Court against the lender or payment of the request fee.

The head of the private body will then make a decision on the request and notify the requester in the required form.

If the request is granted then a further access fee must be paid for’ the reproduction and the search and preparation, and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.

Kindly note that all requests to CBC BUREAU SERVICES CC will be evaluated and considered in accordance with the Act. Publication of this Manual and describing the categories and subject matter of information held by CBC BUREAU SERVICES CC does not give rise to any rights to access such information or records, except in terms of the Act.

5.2 Subjects and categories of records held by CBC BUREAU SERVICES CC

We maintain records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honored. All requests for access will be evaluated on a case-by-case basis in accordance with the provisions of the Act. In particular, there may be applicable grounds of refusal of such a request, as set out in the Act

5.2.1 Internal Records

The following are records pertaining to CBC BUREAU SERVICES CC’S own affairs:

Founding Statement.
Financial Records.
Annual Financial Statements and Working Papers.
General Ledger.
Bank Statements, Cheque Books, cheques.
Customer and Supplier Invoices & Statements.
Deposit Slips.
Cash book.
Operational Records.
Intellectual Property.
Marketing Records.
Internal Correspondence.
Service Records.
Statutory Records.
Internal Policies and Procedures.
Minutes of Meetings.
Fixed Asset Register.

Tax Records
PAYE Records
Income Tax Returns 
Records of payments made to SARS on behalf of Employees.
VAT Records

2 Personnel Records:

For the purposes of this section, “personnel” means any person who works for or provides services to or on behalf of CBC BUREAU SERVICES CC and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of CBC BUREAU SERVICES CC. This includes, without limitation, partners, directors, all permanent, temporary and part-time staff as well as consultants and contract workers

Personnel records include the following:

· Any personal records provided to us by our personnel;

· Conditions of employment and other personnel-related contractual and quasi-legal recordsEmployment policies and procedures;

· Internal evaluation and disciplinary records; and other internal records and correspondence.

5.2.4. Other Records

We hold further records, including -

· Information relating to CBC BUREAU SERVICES CC’s own commercial activities;

6. Other information as may be prescribed [Section 51(1) (f)]

No such information has been prescribed.

7. Availability of the manual. [Section 51(3)]

This manual is available from the South African Human Rights Commission (see details above), from CBC BUREAU SERVICES CC (see details above).