PAIA
MANUAL IN ACCORDANCE WITH
SECTION 51 OF THE
PROMOTION OF ACCESS TO INFORMATION
ACT (NO.2 OF 2000) OF A PRIVATE BODY NAMED
INSO ALUMINIUM PTY LIMITED
(REGISTRATION NUMBER:2005/029363/07)
PROMOTION OF ACCESS TO INFORMATION
ACT (NO.2 OF 2000) OF A PRIVATE BODY NAMED
INSO ALUMINIUM PTY LIMITED
(REGISTRATION NUMBER:2005/029363/07)
PROMOTION OF ACCESS TO INFORMATION ACT, ACT 2 OF 2000 ("THE ACT")
MANUAL IN TERMS OF SECTION 51 OF THE ACT FOR INSO ALUMINIUM pty limited
INTRODUCTION
INSO Aluminium Pty Limited was formed in 2005. The principal business of the close corporation is sales of aluminium raw materials and to franchise operations.
PARTICULARS IN TERMS OF SECTION 51 OF THE ACT
The reference, in this Manual, 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 information, other than in terms of the Act.
1. Contact Details (Section 51 (1)(a))
MANUAL IN TERMS OF SECTION 51 OF THE ACT FOR INSO ALUMINIUM pty limited
INTRODUCTION
INSO Aluminium Pty Limited was formed in 2005. The principal business of the close corporation is sales of aluminium raw materials and to franchise operations.
PARTICULARS IN TERMS OF SECTION 51 OF THE ACT
The reference, in this Manual, 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 information, other than in terms of the Act.
1. Contact Details (Section 51 (1)(a))
Name of Private Body:
Designated Information Officer:
E-mail address of Information Officer:
Internet web site of Information Officer:
Postal address:
Street address:
Phone number:
Fax number:
Designated Information Officer:
E-mail address of Information Officer:
Internet web site of Information Officer:
Postal address:
Street address:
Phone number:
Fax number:
INSO Aluminium Pty Limited
Mark Hamilton-Payne
mark@inso.co.za
Mark Hamilton-Payne
PO Box 39353
Garsfontein
0600
ERF 293
Tssesebe Crescent
Corporate Park South
Old Pretoria Main Road
Midrand
+27 11 314 2300
+27 11 314 2301
Mark Hamilton-Payne
mark@inso.co.za
Mark Hamilton-Payne
PO Box 39353
Garsfontein
0600
ERF 293
Tssesebe Crescent
Corporate Park South
Old Pretoria Main Road
Midrand
+27 11 314 2300
+27 11 314 2301
2. The guide as described in section 10 of the Act (Section 51 (l)(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:
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:
Telephone:
Fax:
Web site:
E-mail:
PAIA Unit: Research and Documentation Department
Postal address:
Telephone:
Fax:
Web site:
E-mail:
Private Bag 2700
Houghton
2041
+27 11 484 8300
+27 11 484 0582
www.sahrc.org.za
paia@sahrc.org.za
3. Categories of records of INSO Aluminium PTY Limited which are available without a person having to request access in terms of the Act. ie voluntary disclosure. (Section 51 (1)( c))
INSO Aluminium Pty Limited is not obligated to publish a notice in terms of Section 52 (2) of the Act and to date has not elected to do so. Nevertheless INSO Aluminium Pty Limited 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 INSO Aluminium Pty Limited which is not generally made available to the public. To avoid confusion, these items are not listed here but may be obtained by INSO Aluminium Pty Limited 's employees from the Information Officer.
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:
Administration of Estates Act 66 of 1965
Basic Conditions of Employment Act 75 of 1997
Close Corporation Act 69 of 1984
Companies Act 61 of 1973
Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
Employment Equity Act 55 of 1998
Income Tax Act 58 of 1962
Insolvency Act No. 24 of 1936
Labour Relations Act 66 of 1995
Occupational Health and Safety Act 85 of 1993
Pension Funds Act No. 24 of 1956
Skills Development Act 97 of 1998
Skills Development Levies Act 9 of 1999
Stamp Duties Act 77 of 1968
Stock Exchange Control Act 1 of 1985 and the rules and listings requirements of the JSE
Securities Exchange authorised in terms thereof
Unemployment Insurance Act 30 of 1966
Value-Added Tax Act 89 of 1991
Regional Services Council Act No.109 of 1985
Trade Marks Act No. 194 of 1993
Usury Act No. 73 of 1968
Attorneys Act No. 53 of 1979
Estate Agency Affairs Act No. 112 of 1976
5. How to request a record, a description of the subject on which we hold records, and the categories of records held on each subject (Section 51 (l)(e))
5.1 How to request a record
Requests for access to records held by INSO Aluminium Pty Limited must be made on the request forms that are available from the SAHRC web site (www.sahrc.org.za) or the Department of Justice and Constitutional Development web site (www.doj.gov.za)(under "regulations"). For the convenience of requesters, 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 requestor is making the request to the satisfaction of our Information Officer.
If a requester does not use the standard form, the request may be rejected for lack of procedural compliance, refused (if sufficient information is not provided, or otherwise) or delayed.
Please note that the requesters are also required to pay the prescribed fees. The prescribed fees in respect of requests, and in respect of access to records (if the request is granted) is per "The Act".
The head of the private body must notify the requester (other than a personal requester) on: the prescribed fee (if any) before further processing the request. The requester may lodge an internal appeal or an application to Court against the tender 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 INSO Aluminium Pty Limited 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 INSO Aluminium Pty Limited 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 INSO Aluminium Pty Limited
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 honoured. 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.
Please note further that many of the records held by us are those of third parties, such as clients and employees, and we take the protection of third party confidential information very seriously. In particular, where we act as professional advisors to clients, many of the records held are confidential and others are the property of the client and not of INSO Aluminium Pty Limited. Requests for access to these records will be considered very carefully. Please ensure that requests for such records are carefully motivated.
5.2.1: Internal records
The following are records pertaining to INSO Aluminium Pty Limited 's own affairs:
* Close Corporation's founding statements and amended founding statements
* Financial records
* Operational records
* Intellectual property
* Marketing records
* Internal correspondence
* Service records
* Statutory records
* Internal policies and procedures
* Minutes of meetings
* Charters, codes of conduct and policies (both internal and external) to which INSO Aluminium Pty Limited and its personnel subscribe; and
* Records held by officials of INSO Aluminium Pty Limited
5.2.2: Personnel records:
For the purpose of this section, "personnel" means any person who works for or provides services to or on behalf of INSO Aluminium Pty Limited and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of INSO Aluminium Pty Limited. 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;
* Any records a third party has provided to us about any of their personnel;
* Conditions of employment and other personnel-related contractual and quasi-legal records;
* Employment policies and procedures;
* Internal evaluation and disciplinary records; and
* Other internal records and correspondence.
5.2.3: Client-related records:
Client-related information includes the following:
* Contracts with the client and between the client and other persons;
* Any records a client has provided to INSO Aluminium Pty Limited or a third party acting for or on behalf of INSO Aluminium Pty Limited (including financial, legal, tax, operational, employee and similar records);
* Working papers and notes;
* Any research conducted by INSO Aluminium Pty Limited in respect of its clients or research derived by INSO Aluminium Pty Limited from its clients and their activities;
* Records, reports, designs and the like generated by INSO Aluminium Pty Limited for its clients
* Any records a third party has provided to INSO Aluminium Pty Limited, which concerns a client; and
* Records generated by or within INSO Aluminium Pty Limited pertaining to the client, including transactional records.
5.2.4: Other Parties:
Records are kept in respect of other parties, including without limitation joint ventures and consortia to which INSO Aluminium Pty Limited is a party, contractors and sub-contractors, suppliers, service providers and providers of information regarding general market conditions. In addition, such other parties may possess records which can be said to belong to INSO Aluminium Pty Limited.
The following records fall into this category:
* Personnel, client, or INSO Aluminium Pty Limited records which are held by another party as opposed to being held by INSO Aluminium Pty Limited; and
* Records held by INSO Aluminium Pty Limited pertaining to other parties, including financial records, correspondence, contractual records, records provide by the other party, records third parties have provided about the contactors or suppliers.
5.2.5: Other Records:
We hold further records, including:
* Information relating to INSO Aluminium Pty Limited 's own commercial activities;
* Procurement and administration for INSO Aluminium Pty Limited; and
* Research information belonging to INSO Aluminium Pty Limited or carried out on behalf of a third party.
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 INSO Aluminium Pty Limited (see details above), and in electronic format at www.sahrc.org.za
8. This manual was prepared/revised on 26 September 2006.
INSO Aluminium Pty Limited is not obligated to publish a notice in terms of Section 52 (2) of the Act and to date has not elected to do so. Nevertheless INSO Aluminium Pty Limited 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 INSO Aluminium Pty Limited which is not generally made available to the public. To avoid confusion, these items are not listed here but may be obtained by INSO Aluminium Pty Limited 's employees from the Information Officer.
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:
Administration of Estates Act 66 of 1965
Basic Conditions of Employment Act 75 of 1997
Close Corporation Act 69 of 1984
Companies Act 61 of 1973
Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
Employment Equity Act 55 of 1998
Income Tax Act 58 of 1962
Insolvency Act No. 24 of 1936
Labour Relations Act 66 of 1995
Occupational Health and Safety Act 85 of 1993
Pension Funds Act No. 24 of 1956
Skills Development Act 97 of 1998
Skills Development Levies Act 9 of 1999
Stamp Duties Act 77 of 1968
Stock Exchange Control Act 1 of 1985 and the rules and listings requirements of the JSE
Securities Exchange authorised in terms thereof
Unemployment Insurance Act 30 of 1966
Value-Added Tax Act 89 of 1991
Regional Services Council Act No.109 of 1985
Trade Marks Act No. 194 of 1993
Usury Act No. 73 of 1968
Attorneys Act No. 53 of 1979
Estate Agency Affairs Act No. 112 of 1976
5. How to request a record, a description of the subject on which we hold records, and the categories of records held on each subject (Section 51 (l)(e))
5.1 How to request a record
Requests for access to records held by INSO Aluminium Pty Limited must be made on the request forms that are available from the SAHRC web site (www.sahrc.org.za) or the Department of Justice and Constitutional Development web site (www.doj.gov.za)(under "regulations"). For the convenience of requesters, 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 requestor is making the request to the satisfaction of our Information Officer.
If a requester does not use the standard form, the request may be rejected for lack of procedural compliance, refused (if sufficient information is not provided, or otherwise) or delayed.
Please note that the requesters are also required to pay the prescribed fees. The prescribed fees in respect of requests, and in respect of access to records (if the request is granted) is per "The Act".
The head of the private body must notify the requester (other than a personal requester) on: the prescribed fee (if any) before further processing the request. The requester may lodge an internal appeal or an application to Court against the tender 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 INSO Aluminium Pty Limited 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 INSO Aluminium Pty Limited 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 INSO Aluminium Pty Limited
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 honoured. 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.
Please note further that many of the records held by us are those of third parties, such as clients and employees, and we take the protection of third party confidential information very seriously. In particular, where we act as professional advisors to clients, many of the records held are confidential and others are the property of the client and not of INSO Aluminium Pty Limited. Requests for access to these records will be considered very carefully. Please ensure that requests for such records are carefully motivated.
5.2.1: Internal records
The following are records pertaining to INSO Aluminium Pty Limited 's own affairs:
* Close Corporation's founding statements and amended founding statements
* Financial records
* Operational records
* Intellectual property
* Marketing records
* Internal correspondence
* Service records
* Statutory records
* Internal policies and procedures
* Minutes of meetings
* Charters, codes of conduct and policies (both internal and external) to which INSO Aluminium Pty Limited and its personnel subscribe; and
* Records held by officials of INSO Aluminium Pty Limited
5.2.2: Personnel records:
For the purpose of this section, "personnel" means any person who works for or provides services to or on behalf of INSO Aluminium Pty Limited and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of INSO Aluminium Pty Limited. 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;
* Any records a third party has provided to us about any of their personnel;
* Conditions of employment and other personnel-related contractual and quasi-legal records;
* Employment policies and procedures;
* Internal evaluation and disciplinary records; and
* Other internal records and correspondence.
5.2.3: Client-related records:
Client-related information includes the following:
* Contracts with the client and between the client and other persons;
* Any records a client has provided to INSO Aluminium Pty Limited or a third party acting for or on behalf of INSO Aluminium Pty Limited (including financial, legal, tax, operational, employee and similar records);
* Working papers and notes;
* Any research conducted by INSO Aluminium Pty Limited in respect of its clients or research derived by INSO Aluminium Pty Limited from its clients and their activities;
* Records, reports, designs and the like generated by INSO Aluminium Pty Limited for its clients
* Any records a third party has provided to INSO Aluminium Pty Limited, which concerns a client; and
* Records generated by or within INSO Aluminium Pty Limited pertaining to the client, including transactional records.
5.2.4: Other Parties:
Records are kept in respect of other parties, including without limitation joint ventures and consortia to which INSO Aluminium Pty Limited is a party, contractors and sub-contractors, suppliers, service providers and providers of information regarding general market conditions. In addition, such other parties may possess records which can be said to belong to INSO Aluminium Pty Limited.
The following records fall into this category:
* Personnel, client, or INSO Aluminium Pty Limited records which are held by another party as opposed to being held by INSO Aluminium Pty Limited; and
* Records held by INSO Aluminium Pty Limited pertaining to other parties, including financial records, correspondence, contractual records, records provide by the other party, records third parties have provided about the contactors or suppliers.
5.2.5: Other Records:
We hold further records, including:
* Information relating to INSO Aluminium Pty Limited 's own commercial activities;
* Procurement and administration for INSO Aluminium Pty Limited; and
* Research information belonging to INSO Aluminium Pty Limited or carried out on behalf of a third party.
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 INSO Aluminium Pty Limited (see details above), and in electronic format at www.sahrc.org.za
8. This manual was prepared/revised on 26 September 2006.
