1. 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.
2. Purpose of the manual:
   
   This manual is intended to foster a culture of transparency and accountability.
   
   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.
   
   Whenever reference is made in this manual to “Private Body” it will refer to Business Partners Ltd including all branches and wholly owned subsidiaries, for whom this manual is drafted.

1. Information Officer:        MS C.M. GERBRANDS
   
   Postal address:                         PO Box 7780, Johannesburg, 2000
   Physical Address:                    37 West Street, Houghton Estate, Johannesburg, 2198
   Telephone:                               011 713 6600 (national)
                                                   +27 11 713 6600 (international)
   Fax:                                         011 713 6650
   Email:                                      enquiries@businesspartners.co.za
2. General information
   
   Name of Private Body:            Business Partners Limited
   Postal Address:                        P O Box 7780, Johannesburg, 2000
   Physical Address:                    37 West Street, Houghton Estate, Johannesburg, 2198
   Telephone:                               011 713 6600 (national)
                                                   +27 11 713 6600 (international)
   Managing director:                  N. Martin
   Fax:                                         011 713 6650
   Email:                                      enquiries@businesspartners.co.za
   Website:                                  www.businesspartners.co.za

The South African Human Rights Commission has compiled the guide contemplated in Section 10 of the Act. The guide contains such information as may reasonably be required by a person who wishes to exercise any right contemplated in the Act. Any enquiries regarding this guide should be directed to:

The South African Human Rights Commission
at PAIA Unit (The Research and Documentation Department)
Private Bag X2700, Houghton, 2041

Telephone:         011 877 3600
Fax:                    011 403 0684
Email:                paia@sahrc.org.za
Website:             www.sahrc.org.za



This clause serves as a reference to the records that the company 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 is subject to the grounds of refusal set out in the Act.

1. Personnel records
   1. Personal records provided by personnel;
   2. Personnel files with salary status; deductions; leave records; educational history; letter of appointment; records relating to increases; disciplinary records; performance management records; long service awards etc.;
   3. Records provided by a third party relating to personnel;
   4. Conditions of employment and other personnel-related contractual and quasi-legal records;
   5. Internal evaluation records and other internal records;
   6. Correspondence relating to personnel;
   7. Training schedules, records and material;
   8. Other personnel-related documents such as: Employment Equity Plan, Skills and Development Plan; Attendance register; Attendance register for training purposes and identification records for security purposes.
   
   “Personnel” refers to any person who works for, or provides services to or on behalf of the company, and receives or is entitled to receive remuneration and any other person who assists in carrying out or conducting the business of the company. This includes, without limitation, directors (executive and non-executive), all permanent, temporary and part-time staff, as well as contract workers.
2. Customer related records
   1. Records provided by a customer to a third party acting for or on behalf of the company;
   2. Records provided by a third party;
   3. Records generated by or within the company pertaining to its customers, including transactional records;
   
   A “customer” refers to any natural or juristic entity that receives services from the company
3. Private body records
   1. Incorporation records: documents of incorporation; minutes of meetings; Memorandum of Incorporation; Shareholder’s agreement etc.
   2. Financial records: original Service Council records, VAT records, TAX records, PAYE records, UIF records, asset inventory, asset registers, order forms, invoices, monthly statements, debit and credit notes, bank account and investment account statements: financial statements, etc.
   3. Operational records: promotional material; marketing core reports, policies regarding business activities; records regarding registered trade marks; licences and authorities; records on investment in small and medium enterprises; records with regard to business plans; strategy, vision and mission.
   4. Databases;
   5. Information Technology records;
   6. Marketing records;
   7. Internal correspondence;
   8. Statutory records;
   9. Internal Policies and Procedures;
   10. Treasury-related records;
   11. Records held by officials of the company.

The grounds for refusal are set out in the Act. The main grounds for the company to refuse a request for information relate to the:

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;
2. mandatory protection of the commercial information of a third party, if the record contains
   1. trade secrets of that third party;
   2. financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party;
   3. information disclosed in confidence by a third party to the company, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition;
3. mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
4. mandatory protection of the safety of individuals and the protection of property;
5. mandatory protection of records which would be regarded as privileged in legal proceedings;
6. the commercial activities of the company, which may include:
   1. trade secrets of the company;
   2. financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of the company;
   3. information which, if disclosed could put the company at a disadvantage in negotiations or commercial competition;
   4. a computer program which is owned by the company, and which is protected by copyright.
7. 4.7 the research information of the company or a third party, if its disclosure would disclose the identity of the company, 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 vexatious, or which involve an unreasonable diversion of resources shall be refused.

1. Internal remedies
   
   The company does not have an internal appeal procedure. 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.
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 an 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.

1. 6.1 The requester must comply with all the procedural requirements contained in the Act relating to the request for access to a record.
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 2.1 above.
3. The prescribed form must be filled in with enough particularity to at least enable the Information Officer to identify
   1. The record or records requested;
   2. The identity of the requester,
   3. Which form of access is required, if the request is granted;
   4. The postal address or fax number of the requester.
4. The requester must state the reason he or she 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.
5. The company 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 periods not be complied with.
6. The requester shall be informed whether access is granted or denied. If, in addition, the requester requires the reasons for the decision in any other manner, he or she must state the manner and the particulars so required.
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. If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.
9. The requester must pay the prescribed fee, before any further processing can take place.

1. Records held by the company may be accessed by requests only once the prerequisite requirements for access have been met.
2. A requester is any person making a request for access to a record of the company. There are two types of requesters:
   
   
   1. Personal requester
      1. A personal requester is a requester who is seeking access to a record containing personal information about the requester.
      2. The company 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.
   2. Other requester
      1. This requester (other than a personal requester) is entitled to request access to information on third parties. However, the company is not obliged to voluntarily grant access. The requester must fulfil the prerequisite requirements for access in terms of the Act, including the payment of a request and access fee.

1. The Act provides for two types of fees, namely:
   1. A request fee, which will be a standard fee; and
   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.
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.
3. If the search for the record has been made and the preparation of the record for disclosure, including an 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.
4. The information officer shall withhold a record until the requester has paid the fees as indicated in Appendix 2.
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.
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.

1. The company 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.
2. The 30 day period within which the company 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 amount of information, or the request requires a search for information held at another office of the company and the information cannot reasonably be obtained within the original 30 day period. The company will notify the requester in writing should an extension be sought.

1. A table of legislation setting out a description of the records of the company which are available in accordance with other legislation, is annexed hereto marked Appendix 3.

1. This manual is made available in terms of Regulation Number R. 187 of 15 February 2002.
2. The manual of the company will also be available on the website of the company.

Appendix 1

Appendix 2