Registration Number of Company: 2015/146071/07

ERUDIO GLOBAL PROPRIETARY LIMITED MANUAL

in terms of Section 51 of The Promotion of Access to Information Act 2/2000

(the “ACT”)

Contents

1. Introduction

2. Business and Contact details

3. Manual and Guidelines

4. Records available in terms of Section 2(2) of the Act

5. Records that are held at the offices of the business

6. Information request procedure

7. Denial of access

8. Fees

9. Manual Availability

1. 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 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).

Erudio Global Proprietary Limited 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 Erudio Global Proprietary Limited 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 Information Officer named in section 2 of this Manual. 

2. Business and Contact details

3. Manual and Guidelines

Section 10 of the Act provides that the South African Human Rights Commission must compile simple and easily comprehensible guidelines on how to use the Promotion of Access to Information Act. 

Any enquires relating to this guide should be directed to the Chief Executive Officer of the South African Human Rights Commission, Private Bag 2700, Houghton, 2041. Telephone +2711 484 8300 or Fax +2711 484 1360. 

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; 
• Every Tertiary Education Institution established by or under any law. 

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, (http://www.sahrc.org.za/).

4. Records available in terms of Section 2(2) of the Act

Not applicable

5. 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:

COMPANIES ACT RECORDS

• Documents of incorporation
• Memorandum and Articles of Association
• Minutes of Board of Directors meetings
• Records relating to the appointment of directors and auditor
• Share register and other statutory registers

FINANCIAL RECORDS

• Annual Financial Statements
• Tax Returns
• Accounting Records
• Banking Records
• Bank Statements
• Electronic banking records
• Asset Register
• Invoices

INCOME TAX RECORDS

• PAYE Records
• Documents issued to employees for income tax purposes
• Records of payments made to SARS on behalf of employees
• All other statutory compliances:
  • VAT
  • Regional Services Levies
  • Skills Development Levies
  • UIF
  • Workmen’s Compensation

PERSONNEL DOCUMENTS AND RECORDS

• • Employment contracts
  • Disciplinary records
  • Salary records
  • SETA records
  • Leave records
  • Training records

6. Information request procedure

• • All requests for access to any record must be done formally either via conventional mail or by e-mail. 
  • This request must be in the prescribed format as defined in Form C of Annexure B as identified in Government Notice Number 187, Regulation 6. A request form is available from our offices
  • The request form must be completed as follows: 
    • Type or print in BLOCK LETTERS and answer every question. 
    • If an answer does not apply, state “N/A” in response to that question. 
    • If there is nothing to disclose in reply to a particular question, state “nil” in response to that question. 
    • If there is insufficient space on a printed form in which to answer a question, additional information may be provided on a separate page that is clearly marked and referenced. 
  • 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 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.

7. 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 Erudio Global Proprietary Limited 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 Erudio Global Proprietary Limited. Disclosures of any record containing information about research and development being carried out or about to be carried out by Erudio Global Proprietary Limited.

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. Copies may also be obtained from the Head of Business of Erudio Global Proprietary Limited.

If hard copies are required, any transmission costs or postage will be for the account of the requester.