MANUAL IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2 OF 2000 FOR KTP PROCUREMENT & LOGISTICS CC (COMPANY REGISTRATION NUMBER 2004/057413/23):

Updated February 2012

1. INTRODUCTION:

The Promotion of Access to Information Act, No 2 of 2000 ("the Act") was enacted on 3 February 2000, giving effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights. Where a request is made in terms of the Act, the body to whom the request is made is obliged to release the information, except where the Act expressly provides that the information may or must not be released. The Act sets out the requisite procedural issues attached to such request.

1.2 Purpose Of The Manual

This manual is intended to foster a culture of transparency and accountability within the Procurement and Logistics Industry as a whole, by giving effect to the right to information that is required for the exercise or protection of any right 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 their rights. 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 recognises 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 which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution. Wherever reference is made to "institution" in this manual, it will refer to KTP Procurement & Logistics CC (hereinafter "KTPPROLOG"), for whom this manual has been compiled.

PART I: CONTACT DETAILS & GENERAL INFORMATION:

PART II: GUIDE OF SOUTH AFRICAN HUMAN RIGHTS COMMISSION (SAHRC):

The SAHRC has compiled a guide in terms of Section 10 of the Act to assist individuals waiting to exercise their rights as provided by the Act.
The Guide is available from the SAHRC using the details below Please direct any queries to:

PART III: RECORDS OF KTPPROLOG:

This clause serves as a reference to the records that KTPPROLOG 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 subjects 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.

4.1 Personnel Records

4.1 Personnel Records
4.2 Customer Related Records
4.3 Private Body Records
4.4 Other Party Records

PART V: RECORDS AVAILABLE WITHOUT HAVING TO REQUEST ACCESS IN TERMS OF THE ACT:

5.1 Annual Reports
5.2 Newsletters/Brochures/Marketing material/Product Information
5.3 Information on website

PART V: GROUNDS FOR REFUSAL OF ACCESS TO RECORDS:

The main grounds for KTPPROLOG to refuse a request for information relates to the:

6.1 Mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person;
6.2 Mandatory protection of the commercial information of a third party, if the record contains –
6.2.1 Trade secrets of that third party;
6.2.2 Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party;
6.2.3 Information disclosed in confidence by a third party to the institution, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;
6.3 Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
6.4 Mandatory protection of the safety of individuals and the protection of property;
6.5 Mandatory protection of records which would be regarded as privileged in legal proceedings;
6.6 The commercial activities of KTPPROLOG , which may include –
6.6.1 Trade secrets of KTPPROLOG;
6.6.2 Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of KTPPROLOG;
6.6.3 Information which, if disclosed could put KTPPROLOG at a disadvantage in negotiations or commercial competition;
6.6.4 A computer program which is owned by KTPPROLOG , and which is protected by copyright.
6.7 The research information of KTPPROLOG or a third party, if its disclosure would disclose the identity of KTPPROLOG , 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 vexation, or which involve an unreasonable diversion of resources shall be refused.

7. REMEDIES AVAILABLE WHEN KTPPROLOG REFUSES A REQUEST FOR INFORMATION:

7.1 Internal Remedies

KTPPROLOG does not have internal appeal procedures regarding the provision of documentation in terms of this Act. As such, the decision made by the Information Officer is final, and requesters will have to exercise such external remedies at their disposal if the request for information is refused, and the requester is not satisfied with the answer supplied by the Information Officer.

7.2 External Remedies

A requester that is dissatisfied with an Information Officer's refusal to disclose information, may within 30 days of notification of the decision apply to a Court for relief.
Likewise, a third party dissatisfied with the Information Officer's decision to grant a request for information, may within 30 days of notification of the decision, apply to a Court for relief. For purposes of the Act, the Courts that have jurisdiction over these applications are the Constitutional Court, the High Court or another court of similar status.

8. REQUEST PROCEDURE:

8.1 The requester must comply with all the procedural requirements contained in the Act relating to the request for access to a record.
8.2 The requester must complete the prescribed form enclosed herewith in Appendix 1, 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 in 2 above.
8.3 The prescribed form must be filled in with enough particularity to at least enable the Information Officer to identify –
8.3.1 The record or records requested;
8.3.2 The identity of the requester,
8.3.3 Which form of access is required, if the request is granted;
8.3.4 The postal address or fax number of the requester.
8.4 The requester must state that he requires the information in order to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. In addition, the requester must clearly specify why the record is necessary to exercise or protect such a right.
8.5 KTPPROLOG will process the request within 30 days, unless the requester has stated special reasons which would satisfy the Information Officer that circumstances dictate that the above time period not be complied with.
8.6 The requester shall be informed whether access has been granted or denied. If, in addition, the requester requires the reasons for the decision in any other manner, he must state the manner and the particulars so required.
8.7 If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requester is making the request to the reasonable satisfaction of the Information Officer.
8.8 If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.
8.9 The requester must pay the prescribed fee, before any further processing can take place.

9. ACCESS TO RECORDS HELD BY KTPPROLOG:

9.1 Records held by KTPPROLOG may be accessed by requests only once the prerequisite requirements for access have been met. 9.2 A requester is any person making a request for access to a record of KTPPROLOG. There are two types of requesters:

9.2.1 Personal Requester

9.2.1.1. A personal requester is a requester who is seeking access to a record containing personal information about the requester.
9.2.1.2 Subject to the provisions of the Act and applicable law, KTPPROLOG will voluntarily provide the requested information, or give access to any record with regard to the requester's personal information. The prescribed fee for reproduction of the information requested will be charged.

9.2.2 Other Requester

9.2.2.1 This requester (other than a personal requester) is entitled to request access to information on third parties. However, KTPPROLOG is not obliged to voluntarily grant access. The requester must fulfill the prerequisite requirements for access in terms of the Act, including the payment of a request and access fee.

10. FEES:

10.1 The Act provides for two types of fees, namely:
10.1.1. A request fee, which will be a standard fee; and
10.1.2 An access fee, which must be calculated by taking into account reproduction costs, search and preparation time and cost, as well as postal costs.
10.2 When the request is received by the Information Officer, such officer shall by notice require the requester, other than a personal requester, to pay the prescribed request fee (if any), before further processing of the request.
10.3 If the search for the record has been made and the preparation of the record for disclosure, including arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations 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.
10.4 The Information Officer shall withhold records until the requester has paid the fees as Indicated in Appendix 2.
10.5 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 request form.
10.6 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.

11. DECISION:

11.1 KTPPROLOG 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.
11.2 The 30 day period with which KTPPROLOG has to decide whether to grant or refuse the request, may be extended for a further period of not more than thirty days if the request is for a large number of information, or the request requires a search for information held at another office of the institution and the information cannot reasonably be obtained within the original 30 day period. KTPPROLOG will notify the requester in writing should an extension be sought.

12. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION: S 51 (1) (d):

A list of other applicable legislation in terms of which records are available are set out in Appendix 3.

13. AVAILABILITY OF THE MANUAL:

13.1 This manual is made available in terms of Regulation Number R. 187 of February 2002.

APPENDIX 1

Form C - Request for Access to Record of Private Body - Download PDF (PDF 58KB).