Promotion of Access of Information Act, 2000
&Beyond the Company
&Beyond is one of Africa’s leading luxury experiential companies. We at &Beyond are deeply committed to the renaissance of Africa, her wildlife and all her people. The company founded, developed and funded the then &Beyond Foundation, now an independent, non-profit organization – Africa Foundation – initiating projects on behalf of &Beyond and other rural African communities. In our vision for Africa, we promote the belief that the wisest use of our wild places is through the development of multi-use tourism, for the benefit not only of travelers, but also for the rural communities who live among our enormously rich wildlife heritage.
The group operates offices in Johannesburg, Cape Town, Maun, Nairobi, Arusha, Stone Town, Miami and Dheli to fulfill administrative requirements for the business components.
The sections that follow describe &Beyond, the procedures for making a request for any of &Beyond’s records of information and, if necessary, the procedures for lodging an internal appeal in terms of the Promotion of Access to Information Act No.2 of 2000 (“the Act”).
&Beyond has centralized the receipt of requests and appeals at its head office so that it is able to track them, respond within the timeframes set by the Act.
The aim of this Manual is to facilitate the request for access to records of the company as provided for in the Act, as amended from time to time, and including the regulations promulgated in terms of the Act.
3. Head of the Company
The nominated head of the company is Hano Coetzee and the Information Officer is Jacques De Villiers.
3.1 Street Address
Block F, Pinmill Farm
164 Katherine Street
3.2. Private Bag X 27, Benmore JOHANNESBURG 2010
3.3 Telephone: +27 (011) 809 4300
3.4 Fax: +27 (011) 809 4513
3.5 E-mail: contactus@andBeyond.com
3.6 Website: www.andBeyond.com
4. Section 10 Guide:
4.1 The Human Rights Commission will complete a guide, as contemplated in section 10 of the Act, containing information to assist any person who wishes to exercise any right as contemplated in the Act.
4.2 Please direct any queries to:
The South African Human Rights Commission
Promotion of Access to Information Act Unit
The Research and Documentation Department
Private Bag 2700
Telephone: +27(0)11 484-8300
Fax: +27 (0)11 484-0582
4.3 Useful References
The Act: http://www.gov.za/gazette/acts/2000/a2-00.pdf
The Act’s regulations: http://www.doj.gov.za/reg/reg187.pdf
5. Records available in terms of any other legislation
Information is available in terms of the following legislation, if and where applicable:
5.1 Basic Conditions of Employment Act No.75 of 1997
5.2 Companies Act No. 61 of 1973
5.3 Compensation of Occupational Injuries and Diseases Act No. 130 of 1993
5.4 Electronic Communications and Transactions Act No. 25 of 2002
5.5 Employment Equity Act No. 55 of 1998
5.6 Income Tax Act No. 58 of 1962
5.7 Labour Relations Act No. 66 of 1995
5.8 Occupational Health and Safety Act No. 85 of 1993
5.9 Promotion of Access to Information Act No. 2 of 2000
5.10 Skills development Levies Act No. 9 of 1999
5.11 Trademarks Act No. 194.of 1993
5.12 Unemployment Insurance Act No. 30 of 1966
5.13 Value – Added Tax Act No. 89 of 1991
5.14 The Consumer Protection Act No. 68 of 2008
6. LATEST NOTICE IN TERMS OF SECTION 52(2) OF THE ACT REGARDING THE CATEGORIES OF RECORD OF THE COMPANY WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS IN TERMS OF THE ACT
At this stage no Notice(s) has/have been published as contemplated by the Act.
7. Access to the records held by the company
This section of the Manual sets out the subject and categories of records held by the company. The inclusion of any subject or category should not be construed as an indication that the company holds any records falling within any subject or category or that such records will automatically be available under the Act. A request in terms of this section is subject to section 63(1) of the Act which provides that the head of a private body must refuse a request to a record of the company if the disclosure of the record would involve the unreasonable disclosure of personal information about a third party including a deceased individual.
7.1.1 Secretarial records
7.1.2 Minutes of management and staff meetings
7.1.3 Client lists/register
7.1.5 Insurance contracts and policies inc. fidelity fund insurance, property insurance and office content insurance
7.1.6 Delivery and collection sheets
7.1.7 List of suppliers
7.1.8 Brochures and publications
7.1.9 Documents relating to public relation events
7.1.10 Media releases
7.2.1 Accounting records, books and documents
7.2.2 Financial records and statements
7.2.3 Audit reports
7.2.4 Lists of creditors and debtors
7.2.5 Bank facilities and bank account information
7.2.6 Bank statements and other banking records
7.2.7 Liabilities, overdrafts and other borrowing and commitments
7.2.9 Stock records
7.2.10 Asset registers and inventories
7.2.11 Sales and fee/billing records
7.2.12 Invoices in respect of both creditors and debtors
7.2.13 Tax returns and other documents and/or agreements relating to taxation
7.3 Human Resources
7.3.1 Employment and other contracts with employees
7.3.2 Personnel files incl. personal information, employment history and health records that the company may hold from time to time
7.3.3 Disciplinary records and other documentation pertaining to disciplinary procedures and proceedings of the company
7.3.4 Compensation and redundancy payments
7.3.5 Employment equity plan
7.3.6 Skills development program
7.3.7 Training and development manuals and information
7.3.8 General files containing information on employee remuneration and benefits, and employee recruitment and selection information
7.4 Information Technology
7.4.1 Register of Hardware and Software
7.4.2 Licence, maintenance, support and other agreements relating to the use by the company of any software and/or hardware
7.5 Immovable and Movable Property
7.5.1 Agreement(s)of Sale and Lease of Immovable Property
7.5.2 Credit Agreements(s)in respect of office equipment
7.5.3 Other agreements for the acquisition and sale of movable property
7.6.1 Correspondence and memoranda to, from and within the company
7.6.2 Agreements to which the company is a party inc. (where applicable) loan agreements, suretyships, security agreements, agreements with suppliers, confidentiality agreements
7.6.3 Records/documents relating to legal proceedings involving the company
7.6.4 Documents concerning compliance by the company, insofar as may be necessary, with legal obligations in terms of the Occupational Health and Safety Act No. 85 of 1993 and any other applicable environmental legislation.
8. Request Procedures
8.1 Form of request: The requester must use the prescribed form to make the request for access to a record. This request must be made to –
8.1.1.a The head of the private body;
8.1.1.b The address, fax number or electronic mail address of the company.
8.1.2 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 any other manner is to be used to inform the requester and state the necessary particulars to be so informed.
8.1.3 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.
8.1.4 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 head of the private body.
8.2.1 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 personal requester, must pay the required request fee.
8.2.2 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.
8.2.3 The fee that the requester must pay to a private body is up to the discretion of the information officer. The requester may lodge an application to the court against the tender or payment of the request fee.
8.2.4 After the head of the private body has made a decision on the request, the requester must be notified in the required form.
8.2.5 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.
9. Other information as may be prescribed
The Minister of Justice and Constitutional Development has not made any regulations in this regard.
10. Availability of the Manual
The manual is also available for inspection at the company’s offices (free of charge) at the physical address of the company as stated above, and copies are available with the South African Human Rights Commission, and on the company’s website.
11. Prescribed fees and forms
The prescribed fees and forms for requests to private bodies are available on the website of the Department of Justice and Constitutional Development, www.doj.gov.za.
12. Upcoming of this manual
The head of the company will update this manual on a regular basis as required by section 51(2) of the Act.