PAIA

LEGAL INFORMATION

  1. INTRODUCTION

1.1 The Act seeks, inter alia, to give effect to the constitutional right of access to any information held by the state or by any other person where such information is required for the exercise or protection of any right.

1.2 The Act also requires public and private bodies to compile manuals that provide

information on both the types and categories of records held by such public and

private bodies. SHEL ELOHIM SOLUTIONS CC ("SECURITYJOBSFINDER.CO.ZA") is a private body under paragraph (c) of the definition of "public body" in section 1 of the Act.

Company Overview

1.3 SHEL ELOHIM SOLUTIONS CC is a private company incorporated in terms of the company laws of the Republic of South Africa under registration number 2000/026529/23. The shares of SHEL ELOHIM SOLUTIONS CC are held as to 100% by the managing member of SHEL ELOHIM SOLUTIONS CC.

1.4  The main business of SHEL ELOHIM SOLUTIONS CC  is

to provide:

(a) Internet directory services;

(b) Online Recruitment platforms for Companies.

  1. PARTICULARS IN TERMS OF SECTION 51

2.1 Contact Details - [Section 51(1)(a)]

2.1.1 The Chief Information Officer of SHEL ELOHIM SOLUTIONS CC is:

Name: Mr. Ian Roberts

Physical Address:

87 Coral Road

Blouberg, 7441

2.2 The Section 10 Guide [Section 51(1)(b)]

The South African Human Rights Commission will, in terms of section 10 of the Act,

compile a guide on the use of the Act. This guide will be available from the South African

Human Rights Commission not later than August 2003 at the following address:

Private Bag X2700

Houghton                       

2041

Tel: (011) 484-8300

Fax: (011) 484-0582

E-mail: PAIA@sahrc.org.za

Website: www.sahrc.org.za

2.3 Records Automatically Available- [Section 51(1)(c)]

Records that are automatically available to the public are all records of SHEL ELOHIM SOLUTIONS CC  lodged in terms of government requirements with various statutory bodies, including the Registrar of Companies, and the Registrar of Deeds, all records in the booklets and pamphlets published by SHEL ELOHIM SOLUTIONS CC  and all records available on SHEL ELOHIM SOLUTIONS CC 's website.

2.4 Records available in accordance with any other legislation -[Section 51(1)(d)]

SHEL ELOHIM SOLUTIONS CC has records available in

accordance with the following legislation:

2.4.1 Income Tax Act 58 of 1962;

2.4.2 Close Corporations Act No 69 of 1984

2.4.3 Copyright Act No 98 of 1978

2.4.4 Labour Relations Act 66 of 1995;

2.4.5 Unemployment Insurance Act 30 of 1966;

2.4.6 Electronic Communications and Transactions Act No 25 of 2002

2.4.7 Promotion of Access of Information Act No 2 of 2000

2.5 The processes and procedures for requesting information or records - [Section

51(1)(e)]

2.5.1 The requester must use the prescribed form to make the request for access to a

record. The request must be made to the Information Officer whose contact

details are set out in paragraph 2.1.2 above. The request must be made to the address,

fax number or electronic mail address of such contact persons set out in paragraph 2.1.2

above.

2.5.2 The requester must provide sufficient detail on the request form to enable the

Information Officer to identify the record and the requester. The requestor should

also indicate which form of access is required. The requestor should also indicate if he or

she wishes to be informed in any other manner and state the necessary particulars to be

so informed.

2.5.3 The requester must identify the right that he or she is seeking to exercise or protect

and provide an explanation of why the requested record is required for the exercise or

protection of that right.

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

the capacity in which the requestor is making the request, to the satisfaction of the

contact persons of SHEL ELOHIM SOLUTIONS CC.

2.5.5 The Deputy Information Officer of SHEL ELOHIM SOLUTIONS CC shall 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.

2.5.6 In the event that SHEL ELOHIM SOLUTIONS CC refuses to give the requester access to requested records, the requester may lodge an application with a court of law for SHEL ELOHIM SOLUTIONS CC to be ordered to give the requester access to the requested records.

2.5.7 If the court orders SHEL ELOHIM SOLUTIONS CC to grant the requester access to the requested records, the requester must pay a further access fee for the reproduction, the search, preparation and time taken to provide the records, in excess of the prescribed hours to search and prepare the record for disclosure.

2.6 Grounds For Refusal of Access to Records - [Part II Chapter 4]

2.6.1 SHEL ELOHIM SOLUTIONS CC may refuse a request for information or record if that information or record relates to:

(a) mandatory protection of the privacy of a third party who is a natural person, which

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

(b) mandatory protection of the commercial information of a third party, if the record

contains -

(i) Trade secrets of that third party;

(ii) Financial, commercial, scientific or technical information which the disclosure could

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

(iii) Information disclosed in confidence by a third party to SHEL ELOHIM SOLUTIONS CC, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition.

(c) mandatory protection of confidential information of third parties if it is protected in

terms of any agreement;

(d) mandatory protection of the safety of individuals and the protection of property;

(e) mandatory protection of records which would be regarded as privileged in legal

proceedings;

(f) the commercial activities of SHEL ELOHIM SOLUTIONS CC,

which may include -

(i) trade secrets of SHEL ELOHIM SOLUTIONS CC;

(ii) financial, commercial, scientific or technical information which disclosure could likely

cause harm to the financial or commercial interests of SHEL ELOHIM SOLUTIONS CC;

(iii) information which, if disclosed could put SHEL ELOHIM SOLUTIONS CC at a disadvantage in negotiations or commercial competition;

(iv) a computer program which is owned by SHEL ELOHIM SOLUTIONS CC and which is protected by copyright.

(g) The research information of SHEL ELOHIM SOLUTIONS CC

or third party, if its disclosure would disclose the identity of SHEL ELOHIM SOLUTIONS CC, the researcher or the subject matter of the research and would place the research at a serious disadvantage.

2.6.2 SHEL ELOHIM SOLUTIONS CC shall refuse requests for

information where such requests are frivolous or vexatious or involve an unreasonable

diversion of SHEL ELOHIM SOLUTIONS CC resources.

2.7 A Description of the Subjects of the Records Held by SHEL ELOHIM SOLUTIONS CC and the Categories in which these Subjects are Classed -

[Section 51(1)(e)]

SHEL ELOHIM SOLUTIONS CC holds the following records and

information which is categorised in the following categories

2.7.1 Company Secretarial Records

(a) Memorandum and Articles of Association;

(b) Statutory Returns;

2.7.2 Movable and Immovable Property

(a) Title deeds;

(b) Lease Agreements;

(c) Hire Agreements;

(d) Hire-purchase Agreements;

(e) Credit Sale Agreements;

(f) Ordinary and Conditional Sale Agreements.

2.7.3 Intellectual Property

(a) Trade Marks;

(b) Patents;

(c) Copyright;

(d) Designs;

(e) Know-how;

(f) Licences.

2.7.4 Insurance

(a) Policies;

(b) Insurance claim files.

2.7.5 Taxation

(a) Income tax returns;

(d) RSC Levy returns;

(c) UIF returns.

2.7.6 Human Resources

(a) Policies and procedures;

(b) Employee information;

(c) Employment agreements;

(d) Forms and applications;

(e) Standard letters and notices;

(f) Payroll reports;

(g) Payslips;

(h) IRP5's;

2.7.7 Finance

(a) Audited annual financial statements;

(b) Management accounts;

(c) Banking details and bank accounts;

(d) Debtors/Creditors statements and invoices;

(e) General ledgers and subsidiary ledgers;

(f) General ledger reconciliation;

(g) Policies and Procedures; and

(h) Delegation of Authority.

2.7.8 Procurement

(a) Policies and Procedures;

(b) Reports and Supporting documentation;

(c) Tender documentation;

(d) Standard Terms and Conditions for supply of Services, Products and Software;

(e) Contractor, client and supplier agreements and information;

(f) Security documents;

2.7.9 Operations

(a) Billing;

(b) Customers;

(c) Databases;

(d) Book production;

(e) Tariffs;

(f) Products;

(g) Any agreements related to the operations of SHEL ELOHIM SOLUTIONS CC;

(h) Operational Agreement; and

(i) Sales and Marketing

2.7.10 Legal

(a) Contracts;

(b) Commercial disputes; and

(c) Litigation.

2.7.11 Information technology

(a) System documentation and manuals;

(b) Project, disaster recovery and implementation plans;

(c) Internet policy documentation;

(d) Computer policy documentation.

2.7.12 Administration

(a) Intranet;

(b) Correspondence with internal and external parties.

2.8 Other Information as may be prescribed - [Section 51(1)]

No information has been prescribed.

2.9 Availability of the Manual - [Section 51(3)]

This manual has been made available to the Human Rights Commission, in accordance

with paragraph 9(1) of the Regulations promulgated in terms of the Act and is published

on the website of SHEL ELOHIM SOLUTIONS CC.

2.10 Prescribed Fees in respect of Private Bodies

The following fees have been prescribed in the Regulations promulgated in terms of the

Act and must be paid by a requester before SHEL ELOHIM SOLUTIONS CC contact persons can make any records requested available to the requester.

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.

The fees for reproduction referred to in regulation 11(1) are as follows:-

(a) For every photocopy of an A4-size page or part thereof R1.10

(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

(c) For copy in a computer-readable on: -

(i) compact disc

R70.00

(d) (i) For a transcription of visual images, for an A4-size page or part thereof.

(ii) For a copy of visual images.

R40.00

R60.00

 

The request fee payable by a requester, other than a personal requester, referred to in

regulation 11(2) is R50.00.

The access fees payable by a requester referred to in regulation 11(3) are as follows: -

1(a) For every photocopy of an A4-size page or part thereof R1.10

(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

(c) For copy in a computer-readable on: -

(iii) compact disc

R70.00

(d) (i) For a transcription of visual images, for an A4-size page or part thereof.

(ii) For a copy of visual images.

R40.00

R60.00

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(f) To search for and prepare the record for disclosure, for each hour or part of an

hour reasonably required for such search and preparation

R30.00

For purposes of section 54(2) of the Act, the following applies: -

(i) six hours as the hours to be exceed before a deposit is payable; and

(ii) one third of the access fee is payable as a deposit by the requester.

The actual postage is payable when a copy of a record must be posted to a requester.

2.11 Prescribed Form

The following Form C has been prescribed in Regulation 10 passed in terms of the Act

and should be completed by a requester who wants access to the records of a private

body.

FORM C

REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY

(Section 53(1) of the Promotion of Access to Information Act, 2000)

(Act. No. 2 of 2000)

[Regulation 10]

  1. Particulars of private body

The Head:

_________________________________________________________________________

___________

_________________________________________________________________________

___________

______________________________________________________

  1. 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:

_________________________________________________________________________

___________

11

Postal Address:

_________________________________________________________________________

___________

Fax Number:

_________________________________________________________________________

___________

Telephone number:

_________________________________________________________________________

___________

E-mail Address:

_________________________________________________________________________

___________

Capacity in which the request is made, when made on behalf of another person:

_________________________________________________________________________

___________

  1. Particulars of person on whose behalf request is made

This section must be completed ONLY ifs requests for information is made on behalf of another person.

Full names and surname:

_________________________________________________________________________

___________

Identity number:

_________________________________________________________________________

___________

  1. 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) In 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:

_________________________________________________________________________

___________

_________________________________________________________________________

___________

12

_________________________________________________________________________

___________

_________________________________________________________________________

___________

  1. Reference number, if available:

_________________________________________________________________________

___________

_________________________________________________________________________

___________

_________________________________________________________________________

___________

_________________________________________________________________________

___________

  1. Any further particulars of record:

_________________________________________________________________________

___________

_________________________________________________________________________

___________

_________________________________________________________________________

___________

_________________________________________________________________________

___________

  1. 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:

_________________________________________________________________________

___________

_________________________________________________________________________

___________

_________________________________________________________________________

___________

13

  1. 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 I which form the record is required.

Disability: ______________________

_______________________________

Form in which record is required: ______

_________________________________

Mark the appropriate box with an X.

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 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.

  1. If the record is in written or printed form:

Copy of record* Inspection of record

  1. If the record consists of visual images (this includes photographs, slide, video recordings, computer?

generated images, sketches etc.):

view the images copy of the images* transcription of the images*

  1. If the record consists of recorded words or information which can be reproduced in sound:

Listen to the soundtrack (audio cassette)

Transcription of soundtrack* (written or printed document)

  1. If the 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* (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?

  1. 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:

_________________________________________________________________________

___________

_________________________________________________________________________

___________

_________________________________________________________________________

___________

  1. Explain why the record requested is required for the exercise or protection of the

aforementioned right:

_________________________________________________________________________

___________

_________________________________________________________________________

___________

_________________________________________________________________________

___________

_________________________________________________________________________

  1. 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

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