PAIA Manual

Manual for Mak-Rak CC

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. The Act sets out the requisite procedures associated with any such requests for information.

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 that context, Section 9 of the Act recognises that access to information can be limited. The limitation relates to circumstances where its release would pose a threat to the protection of privacy, commercial confidentiality, and the exercising of efficient governance.

Part 1

Company and Contact Details

MAK-RAKCC

TIMBER SHELVING MANUFACTURER

M.D./Head/CEO of Company

MARC KLINKHAMER

PO BOX 37227, CHEMPET, 7442

7 TRACK CRESCENT, MONTAGUE GARDENS, 7441

TEL: 021 551 6677
FAX: 021 551 0885
Email Address: info@makrak.co.za
Information Officer
MARC KLINKHAMER

PO BOX 37227, CHEMPET, 7442

Tel: 021 551 6677
Fax: 021 551 0885
Email Address: marc@makrak.co.za

Note: Public information on the company is available on the company’s website, or in brochure form.
Part 2

Guide to the Manual and its Access.
It is understood that the guide is to contain such information as may reasonably be required by a person who wishes to exercise any rights contemplated in the Act. Therefore, any enquires relating to this guide should be directed to the CEO of the South African Human Rights Commission, Private Bag 2700, Houghton, 2041. Telephone (011) 484 8300 or Fax (011) 484 1360. Further information may be accessed from the web site www.sahrc.org.za

Part 3

Records.
Records that are held in the Company’s Head Office.

1. Personnel Records

1.1 As provided by employees.

1.2 As provided by individuals other than employees.

1.3 Conditions of employment and employee-related contractual records

2. Records relating to Customers

3. Records relating to MAK-RAK CC

3.1 Memo & Articles of Association

3.2 Title Deeds, Lease Agreements, Insurance

3.3 Financial

3.4 Marketing

3.5 Product (Intellectual Property/Patents)

3.6 Internal Correspondence

3.7 Statistical

3.8 Research

3.9 Statutory records , eg:-

Basic Conditions of Employment Act. No. 75 of 1997.

Income Tax Act No. 58 of 1962.

Labour Relations Act No. 66 of 1995 as amended.

Skills Development Levies Act. No. 9 of 1999.

Unemployment Insurance Act. No. 36 of 2001.

Part 4

Information Request Procedure.
To request a document in terms of the Act, the requester must use the prescribed form. This must be submitted to the M.D. or the Information Officer of the Company. The requester must provide sufficient detail to enable the company to identify the record and the requester. The requester must identify the right that he/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. If the request is made on behalf of a person, the requester must submit proof of the capacity in which the requester is making the request.

In terms of section 63 of the Act, the head of the Company must refuse a request for access to a record if its disclosure would involve the unreasonable disclosure of personal information about a third party, including a deceased individual. Furthermore, he must refuse a request for access to a record of the company/cc/association if the record contains; trade secrets, financial, commercial, scientific and technical information, the disclosure of which could harm the interests of the Company. Similarly, in terms of section 64 of the Act, the above refusal grounds apply in respect of the commercial information of third parties held by the Company. Access to such records will require the written permission of the third party concerned before the Company will permit access to view.

In accordance with the above mandatory refusal grounds, the M.D./Information Officer will make a decision whether to accede to a request for access to information.

Any search, reproduction, and document preparation necessitated by requests for information will be undertaken in accordance with the prescribed fees, eg. R50 per hour.

Part 5. Manual Availability. In addition to the availability of this Manual at the South African Human Rights Commission, this Manual is available on the website of the Company or may also be obtained from the Information Officer of MAK-RAK CC In respect of hard copies, any transmission costs/postage will be for the account of the requester.