Manual

  

Of


Liebies CC T/A Hennies Sentrum

 

(Private Body)


Prepared and compiled on 2022-01-12 in accordance with Section 51 of the Promotion

 

of Access to Information Act, No 2 of 2000 (as amended) in respect of Liebies CC T/A

 

Hennies Sentrum.

 

Registration number: 1995/009559/23


Update: 2022-01-12

 

Table of Contents

 

1. INTRODUCTION ___________________________________________________________________________1

 

2. THE ACT ___________________________________________________________________________________1

 

3. PURPOSE OF THE MANUAL _______________________________________________________________1

 

4. CONTACT DETAILS ________________________________________________________________________2

 

5. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE ____________4

 

6. RECORDS AUTOMATICALLY AVAILABLE TO THE PUBLIC __________________________________6

 

7. RECORDS OF THE PRIVATE BODY _________________________________________________________6

 

8. RECORDS REQUIRED IN TERMS OF LEGISLATION _________________________________________6

 

9. PROCESSING OF PERSONAL INFORMATION_______________________________________________7

 

10. REQUEST PROCEDURE FOR OBTAINING INFORMATION _________________________________8

 

11. FEES ______________________________________________________________________________________9

 

12. GROUNDS FOR REFUSAL OF ACCESS TO INFORMATION _________________________________9

 

13. DECISION ________________________________________________________________________________11

 


 

1. INTRODUCTION

 

On the 9th of March 2001, the Promotion of Access to Information Act, No 2 of 2000

 

(“the Act”) became operative, giving effect to the section 32(2) Constitutional right

 

of access to information. One of the main requirements specified in the Act, is the

 

compilation of an information manual that provides information on both the types

 

and categories of records held by a private body. This document serves as the

 

company’s information manual and provides references to the records held by the

 

company and the process to request access to such records.

 


 

2. THE ACT

 

The Promotion of Access to Information Act, No 2 of 2000 (“The Act”) was enacted on

 

3 February 2000, giving effect to the right of access to any information held by

 

Government, as well as any information held by another person who is required for the

 

exercising or protection of any rights. This right is entrenched in the Bill of Rights in the

 

Constitution of South Africa. Where a request is made in terms of The Act, the body to

 

which the request is made is not obliged to release the information, except where The

 

Act expressly provides that the information may or must be released. The Act sets out

 

the requisite procedural issues attached to such request.

 


 

3. PURPOSE OF THE MANUAL

 

In order to promote effective governance of private bodies, it is necessary

 

to ensure that everyone is empowered and educated to understand their

 

rights in terms of The Act in order for them to exercise their rights in

 

relation to public and private bodies.

 

Section 9 of The Act, however, recognizes that such right to access to information

 

cannot be unlimited and should be subject to justifiable limitations, including, but not

 

limited to:

 

· Limitations aimed at the reasonable protection of privacy;

 

· Commercial confidentiality; and

 

· Effective, efficient and good governance

 

And in a manner that balances that right with any other rights, including such rights

 

contained in the Bill of Rights in the Constitution.

 

Wherever reference is made to “Private Body” in this manual, it will refer to Liebies CC

 

T/A Hennies Sentrum.

 

2

 

This PAIA Manual assist you to-

 

3.1 check the categories of records held by Liebies CC T/A Hennies Sentrum which

 

are available without a person having to submit a formal PAIA request;

 

3.2 have a sufficient understanding of how to make a request for access to a record

 

of Liebies CC T/A Hennies Sentrum, by providing a description of the subjects

 

on which Liebies CC T/A Hennies Sentrum holds records and the categories of

 

records held on each subject;

 

3.3 know the description of the records of Liebies CC T/A Hennies Sentrum which

 

are available in accordance with any other legislation;

 

3.4 access all the relevant contact details of the Information Officer and Deputy

 

Information Officer who will assist you with the records you intend to access;

 

3.5 know the description of the guide on how to use PAIA, as updated by the

 

Regulator and how to obtain access to it;

 

3.6 know if Liebies CC T/A Hennies Sentrum will process personal information,

 

the purpose of processing of personal information and the description of the

 

categories of data subjects and of the information or categories of

 

information relating thereto;

 

3.7 know the description of the categories of data subjects and of the information

 

or categories of information relating thereto;

 

3.8 know the recipients or categories of recipients to whom the personal

 

information may be supplied;

 

3.9 know if Liebies CC T/A Hennies Sentrum has planned to transfer or process

 

personal information outside the Republic of South Africa and the recipients or

 

categories of recipients to whom the personal information may be supplied; and

 

3.10 know whether Liebies CC T/A Hennies Sentrum has appropriate security

 

measures to ensure the confidentiality, integrity and availability of the personal

 

information which is to be processed.

 


 

4. CONTACT DETAILS:

 

Information Officer:

 

3

 

John Cecil Liebenberg

 

Postal Address:

 

PO Box 54

 

De Aar

 

7000

 

Physical Address:

 

37 Main Road

 

De Aar

 

7000

 

Telephone No:

 

0536312401

 

E-mail:

 

john@hennies.co.za

 

Deputy Information Officer:

 

Juanita Fourie

 

GENERAL INFORMATION:

 

Name of Private Body:

 

Liebies CC T/A Hennies Sentrum

 

Registration No:

 

1995/009559/23

 

Postal Address:

 

PO Box 54

 

De Aar

 

7000

 

Physical Address (or principal place of business):

 

37 Main Road

 

De Aar

 

4

 

7000

 

Telephone No:

 

0536312401

 

E-mail:

 

john@hennies.co.za

 

Website:

 

www.hennies.co.za

 


 

5. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE

 

GUIDE

 

5.1. The Regulator has, in terms of section 10(1) of PAIA, as amended,

 

updated and made available the revised Guide on how to use PAIA

 

(“Guide”), in an easily comprehensible form and manner, as may

 

reasonably be required by a person who wishes to exercise any right

 

contemplated in PAIA and POPIA.

 

5.2. The Guide is available in each of the official languages and in braille.

 

5.3. The aforesaid Guide contains the description of-

 

5.3.1. the objects of PAIA and POPIA;

 

5.3.2. the postal and street address, phone and fax number and, if

 

available, electronic mail address of-

 

5.3.2.1 the Information Officer of every public body, and

 

5.3.2.2 every Deputy Information Officer of every public and

 

private body designated in terms of section 17(1) of PAIA

 

and section 56 of POPIA;

 

5.3.3 the manner and form of a request for-

 

5.3.3.1 access to a record of a public body contemplated in section 11 of

 

PAIA; and

 

5

 

5.3.3.2 access to a record of a private body contemplated in section 50 of

 

PAIA;

 

5.3.4 the assistance available from the IO of a public body in terms of PAIA and

 

POPIA;

 

5.3.5 the assistance available from the Regulator in terms of PAIA and POPIA;

 

5.3.6 all remedies in law available regarding an act or failure to act in respect of

 

a right or duty conferred or imposed by PAIA and POPIA, including the

 

manner of lodging-

 

5.3.6.1 an internal appeal;

 

5.3.6.2 a complaint to the Regulator; and

 

5.3.6.3 an application with a court against a decision by the information

 

officer of a public body, a decision on internal appeal or a decision

 

by the Regulator or a decision of the head of a private body;

 

5.3.7 the provisions of sections 14 and 51 of PAIA requiring a public body and

 

private body, respectively, to compile a manual, and how to obtain access

 

to a manual;

 

5.3.8 the provisions of sections 15 and 52 of PAIA providing for the voluntary

 

disclosure of categories of records by a public body and private body,

 

respectively;

 

5.3.9 the notices issued in terms of sections 22 and 54 of PAIA regarding fees to

 

be paid in relation to requests for access; and

 

5.3.10 the regulations made in terms of section 92 of PAIA.

 

5.4 Members of the public can inspect or make copies of the Guide from the

 

offices of the public and private bodies, including the office of the

 

Regulator, during normal working hours.

 

5.5 The Guide can also be obtained-

 

5.5.1 upon request to the Information Officer;

 

5.5.2 from the website of the Regulator (https://www.justice.gov.za/inforeg/).

 

6

 

5.6 A copy of the Guide is also available in two official languages, for public

 

inspection during normal office hours.

 

6. RECORDS AUTOMATICALLY AVAILABLE TO THE PUBLIC

 

A section 52(2) notice regarding the categories of records, which are available

 

without a person having to request in terms of the Act, has to date not been

 

published.

 

7. RECORDS OF THE PRIVATE BODY

 

This clause serves as a reference to the records that the Private Body holds in order

 

to facilitate a request in terms of The Act.

 

The information is classified and grouped according to records relating to the following

 

subject and categories: It is recorded that the accessibility of the documents listed

 

herein below, may be subject to the grounds of refusal set out hereinafter.

 

General:

 

· VAT records

 

· Tax records

 

· PAYE records

 

· UIF records

 

· SDL records

 

Operational:

 

· Management accounts and Audited Financial Statements

 

· Invoices, quotes and statements

 

· Client details, including name, surname, Identity Number, Address and Contact

 

information

 

8. RECORDS REQUIRED IN TERMS OF LEGISLATION

 

Records are kept in accordance with legislation applicable to Liebies CC T/A Hennies

 

Sentrum, which includes but is not limited to, the following –

 

Labour Relations Act 66 of 1995

 

Employment Equity Act 55 of 1998

 

Electronic Communications and Transactions Act 36 of 2005

 

Basic Conditions of Employment Act 75 of 1997

 

Broad Based Economic Empowerment Act 53 of 2003

 

Compensation for Occupational Injuries and Diseases Act 130 of 1993

 

Constitution of South Africa 108 of 1996

 

Companies Act 61 of 1973

 

7

 

Firearms Control Act 60 of 2000

 

Unemployment Insurance 63 of 2001

 

Consumer Protection Act 68 of 2008

 

Value Added Tax Act 89 of 1991

 

Skills Development Act 9 of 1997

 

Skills Development Levy Act 9 of 1999

 

Income Tax Act 58 of 1962

 

Financial Intelligence Centre Act 38 of 2001

 

Protection of Personal Information Act 4 of 2013

 

Intellectual Property Laws Amendment Act 38 of 1997

 

Trademarks Act 197 of 1993

 

Reference to the above-mentioned legislation shall include subsequent amendments

 

and secondary legislation to such legislation.

 

9. PROCESSING OF PERSONAL INFORMATION

 

9.1 Purpose of Processing Personal Information

 

Retail sales and business operations

 

Client Accounts

 

Credit Checks

 

Employment contracts and staff management

 

9.2 Description of the categories of Data Subjects and of the

 

information or categories of information relating thereto

 

Private persons

 

Juristic persons

 

Public bodies

 

9.3 The recipients or categories of recipients to whom the personal

 

information may be supplied

 

Experian with regards to credit checks

 

Attorneys with regards to legal proceedings

 

Multichoice contractual obligations

 

9.4 Planned transborder flows of personal information

 

8

 

Not applicable

 

9.5 General description of Information Security Measures to be

 

implemented by the responsible party to ensure the

 

confidentiality, integrity and availability of the information

 

Record-keeping guidelines are applied

 

Office has secure access only

 

Computer IT security policy applied and updated regularly

 

10. REQUEST PROCEDURE FOR OBTAINING INFORMATION

 

Access to records held by the PRIVATE BODY

 

Records held by the Private Body may be accessed by request only once the

 

prerequisites for access have been met.

 

The requester must fulfil the prerequisites for access in terms of The Act, including

 

the payment of a requested access fee.

 

The requester must comply with all the procedural requirements contained in The Act

 

relating to the request for access to a record.

 

The requester must complete the prescribed Form and submit same as well as

 

payment of a request fee and a deposit, if applicable, to the Information Officer at the

 

postal or physical address, fax number or electronic mail address as stated herein.

 

The prescribed form must be filled in with enough particulars to at least enable the

 

Information Officer to identify –

 

· The record or records requested;

 

· The identity of the requester,

 

· Which form of access is required, if the request is granted;

 

· The postal address or fax number or email address of the

 

requester.

 

The requester must state that he/she requires the information in order to exercise or

 

protect a right, and clearly state what the nature of the right to be exercised or

 

protected is. In addition, the requester must clearly specify why the record is

 

necessary to exercise or protect such a right.

 

9

 

The Private Body will process the request within 30 days, unless the requester has

 

stated a special reason that would satisfy the Information Officer that circumstances

 

dictate that the above time periods are not complied with.

 

The requester shall be informed whether access has been granted or denied. If, in

 

addition, the requester requires the reason for the decision in any other manner, he /

 

she must state the manner and the particulars so required.

 

If a request is made on behalf of another person, then the requester must submit proof

 

of the capacity in which the requesters making the request, to the reasonable

 

satisfaction of the Information Officer.

 

If an individual is unable to complete the prescribed form because of illiteracy or

 

disability, such a person may make the request orally.

 

The requester must pay the prescribed fee before any further processing can take

 

place.

 

11. FEES

 

When the Information Officer receives the request, such Officer shall by notice require

 

the requester to pay the prescribed request fee (if any), before any further processing

 

of the request.

 

If the search for the record has been made in the preparation of the record for

 

disclosure, including arrangements to make it available in the requested form, and it

 

requires more than the hours prescribed in the regulation for this purpose, the

 

Information Officer shall notify the requester to pay as a deposit the prescribed portion

 

of the access fee which would be payable if the request is granted.

 

The Information Officer shall withhold a record until the requester has paid the Fees as

 

indicated.

 

A requester, whose request for access to a record has been granted, must pay an

 

access fee for reproduction and for search and preparation, and for any time

 

reasonably required in excess of the prescribed hours to search for and prepare the

 

record for disclosure, including making arrangements to make it available in the

 

requested form.

 

If a deposit has been paid in respect of a request for access, which is refused, then the

 

Information Officer concerned must repay the deposit to the requester.

 

12. GROUNDS FOR REFUSAL OF ACCESS TO INFORMATION

 

10

 

The main grounds for the Private Body to refuse a request for information relates

 

to the:

 

Mandatory protection of the privacy of a third party that is a natural person that would

 

involve the unreasonable disclosure of personal information of that natural person;

 

Mandatory protection of the commercial information of a third party, if the record

 

contains:

 

– Trade secrets of that third party;

 

– Financial, commercial, scientific or technical information, disclosure of which

 

could likely cause harm to the financial or commercial interests of that third

 

party;

 

– Information disclosed in confidence by a third party to the Private Body, if the

 

disclosure could put that third party at a disadvantage in negotiations or

 

commercial competition

 

Mandatory protection of confidential information of third parties if it is protected in

 

terms of any agreement;

 

Mandatory protection of confidential information of the protection of property;

 

Mandatory protection of records that would be regarded as privileged in legal

 

proceedings;

 

The commercial activities of the Private Body, which may include:

 

· Trade secrets of the Private Body;

 

· Financial, commercial, scientific or technical information, disclosure which could

 

likely cause harm to the financial or commercial interest of the Private Body;

 

· Information which, if disclosed could put the Private Body at a disadvantage

 

in negotiations or commercial competition;

 

· A computer program, owned by the Private Body, and protected by copyright.

 

The research information of the Private Body or a third party, if its disclosure would

 

reveal the identity or the Private Body, the researcher or the subject matter of the

 

research and would place the research at a serious disadvantage;

 

Requests for information that are clearly frivolous or vexatious, or which would involve

 

an unreasonable diversion of resources shall be refused.

 

11

 


 

13. DECISION

 

The Private Body will within 30 days of receipt of the request, decide whether to

 

grant or decline the request and give notice with reasons (if required) to that effect.

 

The 30 day period within which the Private Body has to decide whether to grant or

 

refuse the request, may be extended for further period of not more than thirty days if

 

the request is for a large amount of information, or the request requires a search for

 

information held at another office of the Private Body and the information cannot

 

reasonably be obtained within the original 30 day period. The Private Body will

 

notify the requester in writing should an extension be sought.

 

AVAILABILITY OF THE MANUAL

 

The manual of the Private Body is available at the premises of the Private body as

 

well as on the website of the Private Body.

 

Signed by: ___________________________

 

Date: _______________________________

 

John Cecil Liebenberg

 

13 January 2022