Manual for: Terry Distributors (Pty) Ltd
Prepared in terms of the requirements of the
PROMOTION OF ACCESS TO INFORMATION ACT
No. 2 of 2000
(hereinafter referred to as the “Act”)
- Introduction
The Promotion of Access to Information Act gives 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.
Specifically, section 51(1) of the Act provides that within six months after the commencement of this section (now the 31st December 2011) or within six months after coming into existence of the private body concerned, the head of a private body must compile a manual that must contain information regarding the subjects and categories of records held by such private bodies.
In this context, a “private body” is defined as any natural person who carries or has carried on any trade, business or profession, but only in such capacity or any partnership which carries or has carried on any trade, business or profession or any former or existing juristic person (e.g. any company, close corporation or business trust).
Terry Distributors (Pty) Ltd falls within the definition of a “private body” and this Manual has been compiled in accordance with the said provisions and to fulfil the requirements of the Act.
In terms of the Act, where a request for information is made to a body, there is an obligation to provide the information, except where the Act expressly provides that the information may not be released. In this context, Section 9 of the Act recognises that access to information can be limited. The limitation relates to circumstances where such release would pose a threat to the protection of privacy, commercial confidentiality, and the exercising of efficient governance.
Accordingly, this manual provides a reference to the records held by Terry Distributors (Pty) Ltd and the process that needs to be adopted to access such records.
All requests for access to information (other than information that is available to the public) must be addressed to the Head of the Business named in section 2 of this Manual. - Business and Contact Details
Name of Business: Terry Distributors (Pty) Ltd
Head of Business: Mr Simon Pooler
Position: Director
Postal Address: PO Box 172, Bergvliet, Western Cape, 7864
Physical Address: Unit E2, Prime Park, 11 Mocke Road, Diep River, Western Cape, 7800
Phone Number: 27 21 7050304
Fax Number: 27 21 7050127
Email Address: sales@terryd.co.za
Website: www.terryd.co.za - Manual and Guidelines
Any enquires relating to this guide should be directed to the Chief Executive Officer of the South African Human Rights Commission, 2nd Floor, Braampark Forum 3, 33 Hoofd Street, Braamfontein. Telephone 011 877 3750 or Fax 011 403 0668.
Copies of the Guide are also available at the following places:
The office of the Government Communications and Information Services;
Library of Parliament, Cape Town;
The South African Library, Cape Town;
Natal Society Library, Pietermaritzburg;
The State Library in Pretoria;
City Library Services, Bloemfontein;
The National Film, Video and Sound Archives, Pretoria;
Copies of the Guide are also available in all official languages at the following offices:
All offices of public bodies;
All Magistrates’ Offices;
All offices of the Department of Justice and Constitutional Development;
All Post Offices;
The Guide is also available at all offices and on the website of the South African Human Rights
Commission,www.sahrc.org.za. - Records available in terms of Section 52(2) of the Act
Not applicable. - Records that are held at the offices of the business
The following is a list of records that are held at the business’s office:
Administration
Attendance registers
Correspondence
Founding Documents
Licences (categories)
Minutes of Management Meetings
Minutes of Staff Meetings
Shareholder Register
Statutory Returns
Human Resources
Conditions of Service
Employee Records
Employment Contracts
Employment Equity Records
General Correspondence
Industrial and Labour Relations Records
Information relating to Health and Safety Regulations
Pension and Provident Fund Records
Performance Appraisals
Personnel Guidelines, Policies and Procedures
Remuneration Records and Policies
Skills Requirements
Staff Recruitment Policies
Statutory Records
Training Records
Operations
Client and Customer Registry
Contracts
General Correspondence
Information relating to Employee Sales Performance
Information relating to Work-In-Progress
Marketing and Future Strategies
Marketing Records
Production Records
Sales Records
Suppliers’ Registry
Finances
Annual Financial Statements
Asset Register
Banking Records
Budgets
Contracts
Financial Transactions
General Correspondence
Insurance Information
Management Accounts
Purchase and Order Information
Stock Records
Tax Records (company and employee)
Information Technology
IT Policies and Procedures
Statutory Records:
At present these include records (if any) held in terms of:
Basic Conditions of Employment 75 of 1997
Companies Act 71 of 2008
Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
Copyright Act 98 of 1978
Consumer Protection Act 68 of 2008
Currency and Exchanges Act 9 of 1933
Debtor Collectors Act 114 of 1998
Employment Equity Act 55 of 1998
Finance Act 35 of 2000
Electronic Communications and Transactions Act 25 of 2002
Harmful Business Practices Act 23 of 1999
Income Tax Act 95 of 1967
Insolvency Act 24 of 1936
Labour Relations Act 66 of 1995
Long Term Insurance Act 52 of 1998
Medical Schemes Act 131 of 1998
Occupational Health & Safety Act 85 of 1993
Post Office Act 44 of 1958
Protection of Businesses Act 99 of 1978
National Credit Act 34 of 2005
Short Term Insurance Act 53 of 1998
Skills Development Levies Act 9 of 1999
Promotion of Access to Information Act 2 of 2000
Skills Development Act 97 of 1998
Trade Marks Act 194 of 1993
Unemployment Contributions Act 4 of 2002
Unemployment Insurance Act 63 of 2001
Value Added Tax Act 89 of 1991 - Information Request Procedure
The requester must use the prescribed form to make the request for access to a record. A request form is available from our offices or at www.accesstoinfo.co.za
The request must be made to the Head of Business named in Section 2 above. This request must be made to the address, fax number or electronic mail address of the business.
The requester must provide sufficient detail on the request form to enable the Head of Business 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 should be used to inform the
requester. If this is the case, please furnish the necessary particulars to be so informed.
The requester must identify the right that is sought to be exercised or to be protected and must provide 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 a another person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of Head of Business aforesaid.
The prescribed request fee must be attached.
We will respond to your request within 30 days of receiving the request by indicating whether your request for access has been granted or denied.
Please note that the successful completion and submission of a request for access form does not automatically allow the requestor access to the requested record.
Access will be granted to a record only if the following criteria are fulfilled:
The record is required for the exercise or protection of any right; and
The requestor complies with the procedural requirements set out in the Act relating to a request; and
Access to the record is not refused in terms of any ground for refusal as contemplated in Chapter 4 of Part 3 of the Act. - Denial of access
Access to any record may be refused under certain limited circumstances. These include:
The protection of personal information from unreasonable disclosure concerning any natural person;
The protection of commercial information held concerning any third party (for example trade secrets);
The protection of financial, commercial, scientific or technical information that may harm the commercial or financial interests of any third party;
Disclosures that would result in a breach of a duty of confidence owed to a third party;
Disclosures that would jeopardize the safety or life of an individual;
Disclosures that would prejudice or impair the security of property or means of transport;
Disclosures that would prejudice or impair the protection of a person in accordance with a witness protection scheme;
Disclosures that would prejudice or impair the protection of the safety of the public;
Disclosures that are privileged from production in legal proceedings unless the privilege has been waived;
Disclosures of details of any computer programme;
Disclosures that will put Terry Distributors (Pty) Ltd at a disadvantage in contractual or other
negotiations or prejudice it in commercial competition;
Disclosures of any record containing any trade secrets, financial, commercial, scientific, or technical information that would harm the commercial or financial interests of Terry Distributors (Pty) Ltd
Disclosures of any record containing information about research and development being carried out or about to be carried out by Terry Distributors (Pty) Ltd
If access to a record or any other relevant information is denied, our response will include:
Adequate reasons for the refusal; and
Notice that you may lodge an application with the court against the refusal and the procedure including details of the period for lodging the application. - Fees
The applicable fees are prescribed in terms of the Regulations promulgated under the Act.
There are two basic types of fees payable in terms of the Act.
Request Fee
The non-refundable request fee of R 50 (excluding VAT) is payable on submission of any request for access to any record. This does not apply if the request is for personal records of the requestor. No fee is payable in such circumstances.
Access Fee
The access fee is payable prior to being permitted access to the records in the required form. The
applicable fees are prescribed in terms of Part III of Annexure A as identified in Government Notice Number 187, Regulation 11. - Manual Availability
This Manual is available at the offices of the South African Human Rights Commission. The Manual is also available at www.terryd.co.za
Copies may also be obtained from the Head of Business of Terry Distributors (Pty) Ltd In respect of hard copies, any transmission costs or postage will be for the account of the requester.