Fizz Marketing

MANUAL PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT (ACT 2 OF 2000)

DEFINITIONS

The following words shall bear the same meaning as under the Protection of Personal Information Act, Act No. 4 of 2013 (“POPI”), unless indicated otherwise:

“Consent” means a voluntary, specific and informed expression of will in terms of which a Data Subject agrees to the processing of Personal Information relating to him or her.

“Data Subject” or “DS” means the person to whom Personal Information relates.

“Minister” means the Minister of Justice and Constitutional Development.

“Personal Information” or “PI”, in terms of the POPI, means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person including:

  1. Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
  2. Information relating to the education or the medical, financial, criminal or employment history of the person;
  3. Any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person;
  4. The blood type or any other biometric information of the person;
  5. The personal opinions, views or preferences of the person;
  6. Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
  7. The views or opinions of another individual about the person; and
  8. The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

“Personal Information” or “PI”, in terms of the Promotion of Access to Information Act of 2000 (Act No.2 of 2000) (“PAIA”), means information relating to an identifiable, natural person, including, but not limited to:

  1. Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
  2. Information relating to the education or the medical, financial, criminal or employment history of the person;
  3. Any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person;
  4. The blood type or any other biometric information of the person;
  5. The personal opinions, views or preferences of the person;
  6. Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
  7. The views or opinions of another individual about the person; and
  8. The name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person, but excludes information about an individual who has been dead for more than 20 years.

 

“Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including:

  1. The collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
  2. Dissemination by means of transmission, distribution or making available in any other form; or
  3. Merging, linking, as well as blocking, degradation, erasure or destruction of information.

“Public Body” means:

  1. any department or state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or
  2. any other functionary when

(i) exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or

(ii) exercising a public power or performing a public function in terms of any legislation.

“Responsible Party” or “RP” means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing Personal Information.

1 INFORMATION REQUIRED UNDER SECTION 51(1) (a) OF THE ACT

Information Officer of Fizz Marketing: 

Postal address: P.O. Box 371 Lonehill 2062

Physical address: 51 Thembi Place, 15 Calderwood Road, Lonehill

Tel. No: 011 467 4935 

2 DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10

A Guide has been compiled in terms of Section 10 of PAIA by the South African Human Rights Commission (SAHRC). It contains information required by a person wishing to exercise any right, contemplated by PAIA. It is available in all of the official languages.

The Guide is available for inspection, inter alia, at the office of the offices of the Human Rights Commission at 29 Princess of Wales Terrace, corner York and St. Andrews Street, Parktown, Johannesburg, Gauteng and at www.sahrc.org.za

For further information please contact the SAHRC:

E-mail: PAIA@sahrc.org.za

Postal address: Private Bag 2700, Houghton, 2041

Telephone: +27 11 484 8300

Fax: +27 11 484 0582

3 RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION

Records available in terms of other legislation are as follows:

 

Basic Conditions of Employment Act No. 75 of 1997 

Broad-based Black Economic Empowerment Act 53 of 2003 

Companies Act No 71 of 2008 and Applicable Regulations

Employment Equity Act. No. 55 of 1998 

Income Tax Act No 58 of 1962

Labour Relations Act No 66 of 1995 

Promotion of Access to Information Act No.2 of 2000 

Protection of Personal Information Act 4 of 2013;

Value Added Tax Act No 89 of 1991

4 RECORDS AUTOMATICALLY AVAILABLE

No notice has been submitted by the practice to the Minister of Justice and Constitutional Development regarding the categories of records, which are available without a person having to request access in terms of Section 52(2) of PAIA. However, the information on the website of the business is automatically available without having to request access in terms of PAIA.

5 SUBJECTS AND CATEGORIES OF RECORDS HELD BY [COMPANY NAME]

General information about Fizz Marketing can be accessed via the internet on www.fizzmarketing.co.za which is available to all persons who have access to the internet.

The subjects on which the private body holds records and the categories on each subject in terms of Section 51(1)(e) are as listed below. Please note that a requester is not automatically allowed access to these records and that access to them may be refused in accordance with Sections 62 to 69 of the Act:

  1. COMPANIES ACT RECORDS

 

  • All trust deeds;
  • Documents of Incorporation;
  • Index of names of members of Close Corporation;
  • Memorandum of Incorporation;
  • Minutes of meeting of the Board of Directors;
  • Minutes of meetings of Shareholders;
  • Proxy forms 
  • Register of debenture-holders;
  • Register of directors’ shareholdings;
  • Research and development;
  • Share certificates; and
  • Share Register and other statutory registers and/or records and/or documents;
  • Special resolutions/Resolutions passed at General and Class meetings.

Records relating to the appointment of:

  • Auditors;
  • Directors;
  • Prescribed Officer.
  • Public Officer; and
  • Secretary;

2. FINANCIAL RECORDS

 

  • Accounting Records
  • Annual Financial Reports;
  • Annual Financial Statements
  • Asset Registers;
  • Bank Statements
  • Banking details and bank accounts;
  • Banking Records
  • Debtors / Creditors statements and invoices;
  • General ledgers and subsidiary ledgers;
  • General reconciliation;
  • Invoices;
  • Paid Cheques
  • Policies and procedures;
  • Rental Agreements; and
  • Tax Returns.

 

3. INCOME TAX RECORDS

 

  • PAYE Records
  • Documents issued to employees for income tax purposes
  • Records of payments made to SARS on behalf of employees
  • All other statutory compliances:
    • VAT
    • Regional Services Levies
    • Skills Development Levies
    • UIF
    • Workmen’s Compensation

 

4. PERSONNEL DOCUMENTS AND RECORDS

 

  • Accident books and records;
  • Address Lists;
  • Disciplinary Code and Records;
  • Employee benefits arrangements rules and records;
  • Employment Contracts;
  • Employment Equity Plan
  • Forms and Applications;
  • Grievance Procedures;
  • Leave Records;
  • Medical Aid Records;
  • Payroll reports/ Wage register;
  • Pension Fund Records;
  • Safety, Health and Environmental records;
  • Salary Records;
  • SETA records
  • Standard letters and notices
  • Training Manuals; 
  • Training Records;
  • Workplace and Union agreements and records.

 

5. PROCUREMENT DEPARTMENT

 

  • Standard Terms and Conditions for supply of services and products;
  • Contractor, client and supplier agreements;
  • Lists of suppliers, products, services and distribution; and
  • Policies and Procedures.

6. SALES DEPARTMENT

 

  • Customer details
  • Credit application information
  • Information and records provided by a third party

7. MARKETING DEPARTMENT

  • Advertising and promotional material

 

8. Risk Management and Audit

  • Audit reports;
  • Risk management frameworks; and
  • Risk management plans.

 

9. SAFETY, HEALTH AND ENVIRONMENT

  • Complete Safety, Health and Environment Risk Assessment
  • Environmental Managements Plans
  • Inquiries, inspections, examinations by environmental authorities

 

10. IT DEPARTMENT

  • Computer / mobile device usage policy documentation;
  • Disaster recovery plans;
  • Hardware asset registers;
  • Information security policies/standards/procedures;
  • Information technology systems and user manuals
  • Information usage policy documentation;
  • Project implementation plans;
  • Software licensing; and
  • System documentation and manuals.

 

6. DETAIL ON HOW TO MAKE A REQUEST FOR ACCESS

The requester must complete Form C and submit this form together with a request fee, to the Information Officer of Fizz Marketing. The form must be submitted to the Information Officer at her  address, fax number, or electronic mail address as stated earlier in this manual.

Form of request:

  • The requester must use the prescribed form, as attached in terms of Article 8 of this manual, to make the request for access to a record. This must be made to the designated head. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].
  • The requester must provide sufficient detail on the request form to enable the designated head to identify the record and the requester.
  • The requester should indicate which form of access is required.
  • The requester should indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c)].
  • The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2)(d)].
  • 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 the designated head of the private body [s 53(2)(f)].
  • A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee.
  • Every other requester, who is not a personal requester, must pay the required request fee.
  • The designated 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 [s 54(1)].
  • The fee that the requester must pay to a private body is currently R50,00. The requester may lodge an application to the court against the tender or payment of the request fees 54(3)(b)].
  • The fee that the requester must pay to a private body is currently R50,00. The requester may lodge an application to the court against the tender or payment of the request fees 54(3)(b)].
  • After the designated head of the private body has made a decision on the request, the requester must be notified in the required form.
  • If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].

Grounds for refusing a request

Fizz Marketing (Pty) Ltd has the right to reject any request for information submitted in terms of Sections 62 to 70 of Chapter 4 of the PAIA Act.

7. AVAILABILITY OF THE MANUAL

This manual is available for inspection at the office of [company name] free of charge; from the SAHRC.

______________________________________________________

Signature of Designated Head of the Private Body

______________________________________________________

Name of Designated Head of the Private Body

(Note: each page should be initialled to complete the signing process).

Date of signature_________________________________________________________

Publication date of this manual: dd/dd/yyyy

Next revision date of this document: dd/mm/yyyy

8 FEES IN RESPECT OF PRIVATE BODIES

The following is a breakdown of the fees structure for the purposes of determining the manner in which fees relating to a request for access to a record of a private body are to be calculated:

Part III of Regulation 187 published in the Government Gazette on the 15 February

2002:

  1. The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof.
  2. The fees for reproduction referred to in regulation 11(1) are as follows:
    1. (a) For every photocopy of an A4-size page or part thereof R1,10
    2. (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
    3. (c) For a copy in a computer-readable form on – (i) stiffy disc R 7, 50; (ii) compact disc R 70,00
    4. (d) (i) For a transcription of visual images, for an A4-size page or part thereof R 40,00, (ii) For a copy of visual images R 60,00
    5. (e) (i) For a transcription of an audio record, for an A4-size page or part thereof R 20,00; (ii) For a copy of an audio record R 30,00
  3. The request fee payable by a requester, other than a personal requester, referred to in Regulation 11(2) is R50,00.
  4. The access fees payable by a requester referred to in Regulation 11(3) are as follows:
  1. For every photocopy of an A4-size page or part thereof R 1,10;
  2. For every printed copy of an A4-size page or part; thereof held on a computer or in electronic or machine-readable form R 0,75;
  3. For a copy in a computer-readable form on – (i) stiffy disc R 7,50; (ii) compact disc R 70,00
  4. (i) For a transcription of visual images, for an A4-size page or part thereof R 40,00; (ii) For a copy of visual images R 60,00
  5. (i) For a transcription of an audio record, for an A4-size page or part thereof R 20,00; (ii) For a copy of an audio record R 30,00
  6. To search for and prepare the record for disclosure, R30,00; for each hour or part of an hour reasonably required for such search and preparation.
  1. For purposes of section 54(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 requester.
  1. The actual postage is payable when a copy of a record must be posted to a requester.

9 FORM C: REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY

In terms of Section 53 (1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) [Regulation 10]

A. Particulars of private body

The Head (name of body):

B. Particulars of person requesting access to the record

 

(a) The particulars of the person who requests access to the record must be given below.

(b) The address and/or fax number in the Republic to which the information is to be sent must be given.

(c) 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: ___________

 

_________________________________________________________________________

C. 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: ___________________________________________________________

D. Particulars of record

(a) 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.

(b) 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.

1. Description of record or relevant part of the record: ______________________________

2. Reference number, if available: ______________________________________________

3. Any further particulars of record: _____________________________________________

E. Fees

(a) 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.

(b) You will be notified of the amount required to be paid as the request fee.

(c) 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.

(d) If you qualify for exemption of the payment of any fee, please state the reason for exemption.

Reason for exemption from payment of fees: _____________________________________

 

_________________________________________________________________________

F. 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: ______________________________________________

NOTES:

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

(b) 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.

(c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.

Mark the appropriate choice with an X.

  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 file)
    • 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.

    • YES
    • NO

G. 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.

  1. Indicate which right is to be exercised or protected: ______________________________

2. Explain why the record requested is required for the exercise or protection of the aforementioned right: ________________________________________________________

H. 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 _____________________________

 

SIGNATURE OF REQUESTER / PERSON ON WHOSE

BEHALF REQUEST IS MADE

 

10. FORM E AUTOMATICALLY AVAILABLE RECORDS