MANUAL (AS REQUIRED BY SECTION 51 OF ACT NO. 2 OF 2000, PROMOTION OF ACCESS TO INFORMATION ACT) (“THE ACT”) OF TRI-STAR CONSTRUCTION (PTY) LTD, ITS SUBSIDIARIES AND AFFILIATE COMPANIES (COLLECTIVELY “THE COMPANY”)
This document does not purport to be exhaustive of or comprehensively deal with every procedure provided for in the Act. A requester is advised to familiarise his/her/itself with the provisions of the Act before lodging any request with the Company.
The aim of this manual is to facilitate the requests for access to records of the company as provided for in the Act.
Full name : TRI-STAR CONSTRUCTION (PTY) LTD
Postal address : P.O. Box 68959, Highveld, 0169
Physical address : Irene Corporate Corner, 37 Via Salara Crescent, Irene, Centurion, Pretoria
Telephone : +27 12 687 1000
Website : https://www.tri-starconstruction.co.za/
Email : firstname.lastname@example.org
Mr W. Herholdt
Telephone : +27 12 687 1000
Email : email@example.com
The HRC has compiled a guide, as contemplated in section 10 of the Act, containing information to assist any person who wishes to exercise any right as contemplated in the Act.
The contact details of the HRC are – Postal address : Private Bag 2700 Houghton 2041 Telephone : +27 11 484 8300 Telefax : +27 11 484 0582 Email : www.sahrc.org.za
All documents available on the Company’s website.
The following records are not automatically available without a request in terms of the Act:
These records are not automatically available without a request in terms of the Act. A request in terms of this clause is subject to the Act, which provides that the head of a body must refuse a request for access to a record of the company if the disclosure of the record would involve the unreasonable disclosure of personal information about a third party including a deceased individual.
Information generally related to projects conducted by the company from time to time.
Information technology. Usage statistics. Equipment details. Costings of hardware and software. List of suppliers. Companies department Company secretarial records. Financial records. A list of the company’s creditors and debtors. Salary information. Bank account information. Fixed assets register. List of suppliers.
A request shall be made on the prescribed form provided for in the Act. which is also available from the website of the HRC, or the website of the Department of Justice and Constitutional Development at www.doj.gov.za.
The prescribed form shall be submitted to the information officer at his address or e-mail address.
The same procedure applies if the requester is requesting information on behalf of another person.
The information officer, as soon as reasonably possible and within thirty days after the request has been received, shall decide whether or not to grant the request.
The requester will be notified of the decision in the manner indicated by the requester.
If the request is granted, the requester shall be informed by the information officer in the manner indicated by the requester in the prescribed form.
After access is granted, actual access to the record requested will be given as soon as reasonably possible.
If the request for access is refused, the information officer shall advise the requester in writing of the refusal. The notice of refusal shall state adequate reasons for the refusal; that the requester may lodge an appeal with a court of competent jurisdiction against the refusal of the request (including the period) for lodging such an appeal.
Upon the refusal by the information officer, the deposit paid by the requester will be refunded.
If the information officer fails to respond within thirty days after a request has been received, it is deemed, in terms of the Act, that the information officer has refused the request.
The information officer may decide to extend the period of thirty days (“original period”) for another period of not more than thirty days if the request is for a large number of records; the search for the records is to be conducted at premises not situated in the same town or city as the head office of the Company; the requester consents to such an extension in writing; and the parties agree in any other manner to such an extension.
Should the Company require an extension of time, the requester shall be informed in the manner stipulated in the prescribed form of the reasons for the extension.
The requester may lodge an appeal with a court of competent jurisdiction against any extension or against any procedure set out in this section.
The fees for reproduction of a record as referred to in section 52(3) are as follows –
The request fee payable by a requester, other than a personal requester is R50, 00. If the information officer is of the opinion that six hours will be exceeded to search, reproduce and/or prepare the information requested, a deposit is payable equal to one-third of an amount of R30 for each hour or part thereof, exceeding the six hours.
If all reasonable steps have been taken to find a record, and such a record cannot be found or if the records do not exist, then the information officer shall notify the requester, by way of an affidavit or affirmation, that it is not possible to give access to the requested record.
The affidavit or affirmation shall provide a full account of all the steps taken to find the record or to determine the existence thereof, including details of all communications by the head of the company or the request liaison officer with every person who conducted the search.
The notice, as set out above, shall be regarded as a decision to refuse a request for access to the record concerned for the purposes of the Act.
If the record in question should later be found, the requester shall be given access to the record in the manner stipulated by the requester in the prescribed form unless access is refused by the information officer.
The attention of the requester is drawn to the provisions of the Act in terms of which the Company may refuse, on certain specified grounds, to provide information to a requester.
The Act makes provision for a request for information or records about a third party.
In considering such a request, the Company will adhere to the provisions of the Act.
The attention of the requester is drawn to the provisions of the Act in terms of which the Company is obliged, in certain circumstances, to advise third parties of requests lodged in respect of information applicable to or concerning such third parties. In addition, the provisions of the Act entitle third parties to dispute the decisions of the information officer by referring the matter to the High Court.
The Company may update this manual every six months or at such intervals as may be necessary.