PROMOTION OF ACCESS TO INFORMATION ACT MANUAL

Introduction

This manual is published in terms of Section 14 of the Promotion of Access to Information Act No 2 of 2000. The Act gives effect to the provisions of Section 32 of the Constitution. The Constitution of the Republic of South Africa, Act No. 108 of 1996 stipulates that everyone has the right of access to any information held by the State, and any information that is held by another person that is required for the exercise or protection of any rights and that national legislation must be enacted to give effect to this right.

The Promotion of Access to Information Act gives effect to this constitutional right and came into effect on 9 March 2001. The object of the Act is to foster a culture of transparency and accountability in public and private bodies and to actively promote a society in which the people of South Africa have effective access to information to enable them to more fully exercise and protect all of their rights.

South African Human Rights Commission

Section 10 of PAIA provides that the South African Human Rights Commission must compile simple and easily comprehensible guidelines on how to use the Promotion of Access to Information Act. This guide is available for access and viewing in all languages at the South African Human Rights Commission offices Private Bag x2700, Houghton, 2041; Tel – 011 877 3600, Fax – 011 403 0625. or on Website: www.sahrc.org.za

Due to the fact that some private bodies (private bodies other than public companies in terms of section 20 of the Companies Act) have been temporarily exempted from publishing section 51 manuals the South African Human Rights Commission have not included the contact details of the private bodies in this first publication of the Guide. An electronic version of the Guide is kept on the website of the South African Human Rights Commission, www.sahrc.org.za and is updated monthly to keep the public abreast of developments and changes regarding the contact details of information officers of public bodies and general information on PAIA.

How to make a request for access to information

A request for access to a record is made by completing a request “Form C” for private bodies. Form C is available on request from the offices and website of the South African Human Rights Commission at www.sahrc.org.za. The request forms must be completed and submitted to the head of the private body from whom access to a record is sought. The head of a private body must respond to the request within 30 days.

A copy of this manual is available at:

The registered address of the business – 4 Jameson Avenue, Melrose Estate, 2196;

The South African Human Rights Commission offices – Tel: 011 484 8300 (Private Bag x2700, Houghton, 2041);

The website: www.sabisabi.com

The Business

• Type of Entity
• Private Company
• Type of Business
• Private Game Reserve
• Location of Business
• Sabie Game Reserve
• Contact details
• Postal address: P.O. Box 52665, Saxonwold, 2132, South Africa
• Physical address: 4 Jameson Avenue, Melrose Estate, 2196
• Phone number: +27 (0) 11 447 7172
• Fax number: +27 (0) 11 442 0728
• E-mail: jsmit@sabisabi.com
• Website: sabisabi.com

Description of Business

Sabi Sabi Private Game Reserve, situated in the Sabie Game Reserve in the South-Western section of the Kruger National Park, is a wildlife oasis, where you can observe at close quarters the age-old natural relationship between predator and prey.

Sabi Sabi offers four completely separate luxurious, all-suite, award-winning lodges with very distinct characters and atmospheres – those of “Yesterday, Today and Tomorrow” which is encapsulated in the “Yesterday” experience at the romantic Selati Camp; “Today” at the more contemporary lodges of Bush Lodge and Little Bush Camp and “Tomorrow” at the ground-breaking Earth Lodge.

The Directors

• Jacques Reuben Smit
• Rodney Eric Wyndham
• Daniel Adam Polakow
• Cheree Lynne Dyers

Business Manager

Chairman – Daniel Adam Polakow

Information required by section 51(1)(d) of the Act Records are available in accordance with the following legislation –

• Basic Conditions of Employment Act No. 75 of 1997
• Companies Act No. 61 of 1973
• Competition Act No. 89 of 1998
• Consumer Protection Act No. 68 of 2008
• Constitution of the Republic of South Africa 108 of 1996
• Electronic Communications and Transactions Act No. 25 of 2002
• Employment Equity Act No. 55 of 1998
• Financial Intelligence Centre Act No.38 of 2001
• Hospitality Sectoral Determination No 14 Income Tax Act No.58 of 1962
• Insolvency Act No.24 of 1936
• Labour Relations Act No.66 of 1995
• Liquor Act 59 of 2003
• National Credit Act No.34 of 2005
• Occupational Health and Safety Act No.85 of 199
• Pension Funds Act No.24 of 1956
• Prevention of Organised Crime Act No.121 of 1998
• Promotion of Access to Information Act No.2 of 2000
• Promotion of Equality and Prevention of Unfair Discrimination
• Act No.4 of 2000 Protected Disclosures Act No.26 of2000
• Skills Development Act No.97 of 1998
• Skills Development Levies Act No.9 of 1999
• Transfer Duty Act No.40 of 1949
• Unemployment Contributions Act No.4 of 2002
• Unemployment Insurance Act No.63 of 2001
• Value-added Tax Act No.89 of 1991

Records that may be requested in terms of Section 51(1)(c)

The following general information is available in the public domain and does not require an official request in terms of the Act.

The following information is available from the Information Officer or from the website:

• Newsletters
• News
• Brochures
• Rates and prices
• Room configurations
• Game Viewing facilities
• Activities facilities
• Retail facilities
• Function facilities
• Dining facilities
• Menus
• Wine lists
• Photo gallery
• Reservation deposit and
• Cancellation policies
• Booking on line Products and services
• Location and directions

Records that may be requested in terms of Section 51(1)(e)

Request forms (Form C) and the fees payable for these categories of information are available on the South African Human Rights Commission website at www.sahrc.org.za.

Company Secretarial / Legal

• General contracts
• Statutory records
• Incorporation documents
• Licences
• Insurance details
• Minutes of meetings
• Title Deeds
• Leases

Human Resources

• Employee records
• Attendance registers
• Employee remuneration
• Contracts of employment
• Pension and Provident Fund details
• Medical Aid details
• Unemployment Insurance

Financial

• Audited financial statements
• Taxation records
• Debtor records and agreements
• Creditor records and agreements
• Asset register
• Banking details
• Treasury documents
• Insurance documentation

Marketing and Reservations

• Guest database
• Guest history
• Guest accounts
• Guest reservation data
• Reservation deposit and cancellation policies
• Statistical data

Fees payable on request of information from Private Bodies

The fees’ structure prescribed under the Act is available from the offices of the South African Human Rights Commission or on their website at www.sahr.org.za

Prescribed request form – how to request a record in terms of Section 53

• Section 53 prescribes that the requester must use the prescribed form to make the request for access to a record. This must be made to the information officer, or the head of the private body. This request must be made to the address, fax number or electronic mail address of the body concerned.
• The requester must provide sufficient detail on the request form to enable the head of the private body to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
• 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.
• If a request is made on behalf of a 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 the private body.
• The head of the private body 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. The fee for private bodies is R50. The requester may lodge an internal appeal or an application to the court against the tender or payment of the request fee.
• 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. The head of the private body will then decide on the request and notify the requester in the required form.

Form C – request for access to record of private body Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)

1. Particulars of private body

Contact person: Mr Jacques Smit

Postal address: P.O. Box 52665, Saxonwold, 2132, South Africa

Physical address: 4 Jameson Avenue, Melrose Estate, 2196

Phone number: +27 (0) 11 447 7172

Fax number: +27 (0) 11 442 0728

E-mail:  jsmit@sabisabi.com

1. Particulars of person requesting access to the record

• The particulars of the person who requests access to the record must be given below.
• The address and/or fax number in the Republic to which the information is to be sent must be given.
• Proof of the capacity in which the request is made, if applicable, must be attached.
• Full names and surname
• Identity number
• Postal address
• Fax number
• Telephone number
• E-mail address
• Capacity in which request is made, when made on behalf of another person

1. Particulars of person on whose behalf request is made

This section must be completed ONLY if a request for information is made on behalf of another person.

• Full names and surname
• Identity number

1. Particulars of record

• Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
• If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
• Description of record or relevant part of the record
• Reference number, if available
• Any further particulars of record

1. Fees

• A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
• You will be notified of the amount required to be paid as the request fee.
• The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.
• If you qualify for exemption of the payment of any fee, please state the reason for exemption.
• Reason for exemption from payment of fees

1. Form of access to record

If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required. Disability Form in which record is required

Mark in the appropriate space with Yes or No.

NOTES: (a) Compliance with your request in the specified form may depend on the form in which the record is available.

• Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
• The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.

1. If the record is in written or printed form:

• Copy of record*…………
• Inspection of record …………

2. If record consists of visual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.):

• View the images …………
• Copy of the images* …………
• Transcription of the images*…………

3. If record consists of recorded words or information which can be reproduced in sound:

• Listen to the soundtrack (audio cassette) …………
• Transcription of soundtrack* (written or printed document) …………

4. If record is held on computer or in an electronic or machine-readable form:

• Printed copy of record*…………
• Printed copy of information derived from the record* …………
• Copy in computer readable form* (stiffy or compact disc) …………

*If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you? …………

Postage is payable

1. Particulars of right to be exercised or protected

If the provided space is inadequate, please continue on a separate folio and attach it to this form.

The requester must sign all the additional folios.

• Indicate which right is to be exercised or protected
• Explain why the record requested is required for the exercise or protection of the aforementioned right.

1. Notice of decision regarding request for access

You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your request for access to the record? 

Signed at ____________________ this __________ day of ________________ 20 ________ 

_________________________________

Signature of requester / person on whose behalf request is made

The Manual as described herein is approved at Johannesburg on 01 March 2020.

Information Officer

Jacques Smit