1. THE PURPOSE

The purpose of this document is to serve as the Manual of the African SAP User Group (AFSUG) (the Non-Profit Company), as required in terms of the Act, and to provide a reference of the records held and the procedures which need to be followed to request access to such records.

2. INTRODUCTION

AFSUG is the only user group in Southern Africa representing SAP but important to note, completely independent of SAP and is a Non-profit organization.  

3. ORGANISATION CONTACT DETAILS [Section 51 (1) (a)]

Persons designated / duly authorised persons:

Office Manager: Amanda Gibbs – General Manager

Physical address:  SAP Office Park, 1 Woodmead Drive, Woodmead      

Street address: 1 Woodmead drive, Woodmead

Telephone number: 082 926 3027 (Cell General Manager)

Email: info@afsug.com | Amanda.gibbs@afsug.com

4. THE ACT [Section 51 (1) (b)]
   • The Act grants a requester access to the records of a private body, if the record is acquired for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.

• Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariffs are dealt with in paragraphs 6 and 7 of the Act.

• Requesters are referred to the Guide in terms of Section 10, which has been compiled by the South Africa Human Rights Commission, which will contain information for the purposes of exercising Constitutional Rights. The Guide is available from the SAHRC.

• The contact details of the Commission are:

Postal address:                      Private Bag 2700, Houghton, 2041

Telephone number:              +27-11-877-3600

Fax number:                           +27-11-403-0625

Website:                                 www.sahrc.org.za

5. APPLICABLE LEGISLATION [Section 51 (1) (c)]

6. SCHEDULE OF RECORDS [Section 51 (1) (d)]

7. PROCEDURE FOR REQUEST FOR ACCESS (SECTIONS 53)
   • The requester must comply in full with all the procedural requirements as set out in the Act and this Manual, relating to the request for access to a record. Failure to do so will result in the request being refused.

• The requester must complete the prescribed form enclosed herewith as Appendix 1, and submit same together with payment of the request fee (if applicable) and a deposit (if applicable) to the Authorised Person at the postal or physical address, facsimile number or electronic mail address under SECTION I

• The prescribed form must be completed with enough particulars to at least enable the Authorised Person to identify:

• The records requested;
• The identity of the requester;
• Which form of access to the records is required, should the request be granted; and
• The postal address or facsimile number of the requester.

• The requester must identify the nature of the right for which purpose access to the records is required. If the right is not clearly defined, the Authorised Person may refuse access to the record requested.

• The requester must indicate if the requester, in addition to being informed in writing whether access to the record has been granted, wishes to be informed of the decision of the request in any other manner. If so, he/she/it must state the manner with full particulars.

• If the request is made on behalf of another person, then in such event, the requester must submit proof of the capacity in terms of which the requester is making the request to the reasonable satisfaction of the Authorised Person.

• Should an individual be unable to complete the prescribed form because of illiteracy, disability or any other reason, such individual may submit the request orally to the Authorised Person.

• The requester must pay the prescribed fee (if applicable) before any further processing can take place.

• The requester will be informed within 30 days after receipt of the request of the decision whether or not to grant the request.

• The 30 day period may be extended with a further period of not more than 30 days if the request is for a large number of records or requires a search through a large number of records and compliance with the original period would unreasonably interfere with the activities, or the records are not located at the building, or consultations amongst divisions or another private body or third party are required.

• Should the request be granted, the written notice must state the access fee (if any) to be paid upon access, the form in which access will be given and that the requester may lodge an application with a Court against the access fee to be paid or the form of access granted, and the procedure for lodging such application.

• Should the request be refused, the notice must state adequate reasons for the refusal, including the provisions of the Act relied upon, and state that the requester may lodge an application with a Court against the refusal of the request, and the procedure (including the period) for lodging the application.

8. PRESCRIBED FEES [Section 54]

The following applies to requests (other than personal requests):

• A requestor is required to pay the prescribed fees (R50.00) before a request will be processed;

• If the preparation of the record requested requires more that the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);

• A requestor may lodge an application with a court against the tender / payment of the request fee and/or deposit.

• Records may be withheld until the fees have been paid.

• The fee structure is attached to this document and marked Appendix 2.

9. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS (CHAPTER 4 OF THE ACT)

Apart from Section 7 of the Act, and subject to Section 70 of the Act, the main grounds to refuse a request for information as contemplated by the Act relates to:

• Protection of the privacy of a third party, if that third party is a natural person, which would involve the unreasonable disclosure of personal information of that natural person;

• Protection of commercial information of a third party as defined by the Act, if the record contains:

• trade secrets of that third party;
• financial, commercial, scientific or technical information other than trade secrets of a third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party;
• information disclosed in confidence to The Organisation by a third party, the disclosure of which could put that third party at a disadvantage in a contractual or other negotiations or would prejudice that third party in commercial competition.

• Protection of confidential information if the disclosure would constitute a breach of a duty or confidence to a third party in terms of an agreement;

• Protection of safety of individuals and protection of property;

• Protection of records which would be regarded as privileged in any legal proceedings, unless the person so entitled to privilege waives the privilege (Section 67);

• Protection of commercial activities of The Organisation, which may include:

• trade secrets;
• financial, commercial, scientific or technical information, disclosure of which could cause harm to the financial or commercial interests;
• information which, if disclosed, could put The Organisation at a disadvantage in negotiations or commercial competition;
• a computer programme owned, and which is protected by copyright; and
• the research information or a third party on behalf of The Organisation if the disclosure would expose the third party, the Organisation, the researcher or the subject matter of the research and would place the research at a serious disadvantage.

10. Records That Cannot Be Found or Do Not Exist

If the Organisation has searched for a record and it is believed that the record either does not exist or cannot be found, the requester will be notified by way of an affidavit or affirmation.  This will include the steps that were taken to try to locate the record.

11. Third Party Information
    • If access is requested to a record that contains information about a third party, the Organisation is obliged to attempt to contact this third party to inform them of the request. This enables the third party the opportunity of responding by either consenting to the access or by providing reasons why the access should be denied.

• In the event of the third-party furnishing reasons for the support or denial of access, our designated contact person will consider these reasons in determining whether access should be granted, or not.

12. REMEDIES AVAILABLE IN REFUSAL OF A REQUEST FOR INFORMATION (PART 4 OF THE ACT)
    • The Organisation does not have internal appeal procedures and as such, the decision made by the Authorised Person is therefore final.

• Therefore, should the requester be dissatisfied with the Authorised Person’s decision to refuse access, that person may within 30 days after notification of the refusal apply to a Court for the appropriate relief.

• Should a third party be dissatisfied with the Authorised Person’s decision to grant a request for information relating to that third party, it (the third party) may within 180 days of notification of such decision, apply to a Court for the appropriate relief.

13. OTHER INFORMATION AS MAY BE PRESCRIBED UNDER SECTION 51(1)(f) OF THE ACT (SECTION V)

The Minister of Justice and Constitutional Development has not made any regulation in this regard.

14. AVAILABILITY OF THE MANUAL UNDER SECTION 51(3) OF THE ACT (SECTION VI)

The Manual is also available for inspection at the offices of the Organisation free of charge, and copies are available with the SAHRC.

Appendix 1

FORM C

REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY

(Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)

[Regulation 10]

1. Particulars of private body

            The head:

1. Particulars of person requesting access to the record

            Full names and surname: __________________________________________________

            Identity number: _________________________________________________________

            Postal address: _________________________________________________________

            ______________________________________________________________________

            ______________________________________________________________________

            Telephone number: _________________     Fax number: _________________________

            Email address: _________________________________________________________

            Capacity in which request is made, when made on behalf of another person: ________

            _____________________________________________________________________

1. Particulars of person on whose behalf request is made

            Full names and surname: _________________________________________________

            Identity number: _________________________________________________________

1. Particulars of record

1. Description of record or relevant part of the record: ____________________________________________

            _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2. Reference number, if available: _____________________________________________________________

3. Any further particulars of record: ___________________________________________________________

            ______________________________________________________________________________________________________________________________________________________________________________

1. Fees

            Reason for exemption from payment of fees: _________________________________________________

            ______________________________________________________________________________________________________________________________________________________________________________

1. Form of access to record

1. Particulars of right to be exercised or protected

1. Indicate which right is to be exercised or protected: ______________________________

            ______________________________________________________________________________________________________________________________________________

2. Explain why the record requested is required for the exercise or protection of the aforementioned right: _______________________________________________________________________________________

            _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

1. Notice of decision regarding request for access

            How would you prefer to be informed of the decision regarding your request for access to the record? ______________________________________________________________

            _______________________________________________________________________

Signed at ___________________ this _______ day of ______________________ 20_____.

___________________________________

SIGNATURE OF REQUESTER / PERSON

ON WHOSE BEHALF REQUEST IS MADE

APPENDIX 2

SCHEDULE 1

RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION

1. Administration of Estates Act, No. 66 of 1965
2. Arbitration Act No. 42 of 1965
3. Basic Conditions of Employment No. 75 of 1997
4. Companies Act No. 71 of 2008
5. Compensation for Occupational Injuries and Health Diseases Act No.130 of 1993
6. Consumer Affairs (Unfair Business Practices) Act No. 71 of 1988
7. Copyright Act No. 98 of 1978
8. Credit Agreements Act No. 75 of 1980
9. Currency and Exchanges Act No. 9 of 1933
10. Debtor Collectors Act No. 114 of 1998
11. Employment Equity Act No. 55 of 1998
12. Finance Act No. 35 of 2000
13. Financial Services Board Act No. 97 of 1990
14. Financial Relations Act No. 65 of 1976
15. Harmful Business Practices Act No. 23 of 1999
16. Income Tax Act No. 95 of 1967
17. Insolvency Act No. 24 of 1936
18. Insurance Act No 27 of 1943
19. Intellectual Property Laws Amendments Act No. 38 of 1997
20. Labour Relations Act No. 66 of 1995
21. Long Term Insurance Act No. 52 of 1998
22. Medical Schemes Act No. 131 of 1998
23. Occupational Health & Safety Act No. 85 of 1993
24. Pension Funds Act No. 24 of 1956
25. Post Office Act No. 44 of 1958
26. Protection of Businesses Act No. 99 of 1978
27. Regional Services Councils Act No. 109 of 1985
28. SA Reserve Bank Act No. 90 of 1989
29. Short Term Insurance Act No. 53 of 1998
30. Skills Development Levies Act No. 9 of 1999
31. Skills Development Act No. 97 of 1998
32. Stamp Duties Act No. 77 of 1968
33. Stock Exchange Control Act No. 1 of 1985
34. Tax on Retirement Funds Act No. 38 of 1996
35. Trade Marks Act No. 194 of 1993
36. Unemployment Contributions Act No. 4 of 2002
37. Unemployment Insurance Act No. 63 of 2001
38. Usury Act No 73 of 1968
39. Value Added Tax Act No. 89 of 1991

 Animal Health Act, 2002

 Genetically Modified Organisms Act, 1997

 Marketing of Agricultural Products Act, 1996

 Meat Safety Act, 2000

 Plant Breeders’ Rights Act, 1976

 National Heritage Resources Act, 1999

 Broadcasting Act, 1999 (Act No. 4 of 1999)

 Electronic Communications Act, 2005

 Electronic Communications and Transactions Act, 2002

 Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000)

 Postal Services Act, 1998

 South African Postbank Limited Act, 2010

 Adult Basic Education and Training Act, 2000

 Employment of Educators Act, 1998 (Act No. 76 of 1998)

 Further Education and Training Colleges Act, 2006

 General and Further Education and Training Quality Assurance Act, 2001

 Higher Education Act, 1997

 National Education Policy Act, 1996

 National Qualifications Framework Act, 2008

 South African Council for Educators Act, 2000 (Act No. 31 of 2000)

 South African Schools Act, 1996

 Environment Conservation Act, 1989

 National Environmental Management Act, 1998

 South African Weather Service Act, 2001

 Tourism Act, 1993

 Appropriation Act, 2011 (Act No. 11 of 2011)

 Auditing Profession Act, No. 26 of 2005

 Banks Act, 1990

 Collective Investment Schemes Control Act, 2002

 Conversion of SASRIA Act, 1998

 Co-operative Banks Act, 2007 (Act No. 40 of 2007)

 Customs and Excise Act, 1964 (Act No. 91 of 1964)

 Debt Collectors Act, 1998

 Division of Revenue Act, 2010

 Division of Revenue Act, 2011

 Exchange Control Amnesty and Amendment of Taxation Laws Act, 2003

 Finance Act, 2007

 Financial Advisory and Intermediary Services Act, 2002

 Financial Intelligence Centre Act, 2001

 Financial Institutions (Protection of Funds) Act, 2001 (Act No. 28 of 2001)

 Financial Services Board Act, 1990 (Act No. 97 of 1990)

 Income Tax Act, 1962

 Insider Trading Act, 1998

 Insolvency Act, No. 24 of 1936

 Inspection of Financial Institutions Act, 1998

 Long-term Insurance Act, 1998

 Mutual Banks Act, 1993

 National Credit Act, 2005

 National Payment Systems Act, 1998 (Act No. 78 of 1998)

 National Student Financial Aid Scheme Act, 1999

 Non-Profit Organisations Act, 1997

 Pension Funds Act, 1956 (Act No. 24 of 1956)

 Preferential Procurement Policy Framework Act, 2000

 Public Finance Management Act, 1999

 Securities Services Act, 2004

 Securities Transfer Tax Act, 2007

 Securities Transfer Tax Administration Act, 2007

 Share Blocks Control Act, 1980

 Short-term Insurance Act, 1998

 South African Revenue Service Act, 1997

 Statistics Act, 1999

 Tax on Retirement Funds Act, 1996

 Uncertificated Securities Tax Act, 1998

 Value-Added Tax Act, 1991

 Allied Health Professions Act, 1982

 Choice on Termination of Pregnancy Act, 1996

 Council for Medical Schemes Levies Act, 2000

 Dental Technicians Act, 1979 (Act No. 19 of 1979)

 Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)

 Hazardous Substances Act, 1973

 Health Professions Act, 1974 (Act No. 56 of 1974)

 International Health Regulations Act, 1974 (Act No. 28 of 1974)

 Medical Schemes Act, 1998

 Medicines and Related Substances Control Act, 1965

 Mental Health Care Act, 2002

 National Health Act, 2003

 Nursing Act, 2005

 Pharmacy Act, 1974 (Act No. 53 of 1974)

 Sterilisation Act, 1998

 Tobacco Products Control Act, 1993

 Traditional Health Practitioners Act, 2004

 Community Schemes Ombud Service Act, 2011

 Estate Agency Affairs Act, 1976

 Housing Act, 1997

 Housing Consumer Protection Measures Act, 1998

 Housing Development Agency Act, 2008

 Housing Development Schemes for Retired Persons Act, 1988

 National Building Regulations and Building Standards Act, 1977

 Rental Housing Act, 1999

 Sectional Titles Act, 1986

 Sectional Titles Schemes Management Act, 2011

 Social Housing Act, 2008

 Transfer Duty Act, 1949 (Act No. 40 of 1949)

 Administration of Estates Act, 1965

 Attorneys Act, 1979 (Act No. 53 of 1979)

 Constitution of the Republic of South Africa, 1996

 Criminal Procedure Act, 1977

 Divorce Act, 1979

 Estate Duty Act, 1955

 Justices of the Peace and Commissioners of Oaths Act, 1963

 Maintenance Act, 1998

 Prevention and Combating of Corrupt Activities Act, 2004

 Prevention of Organised Crime Act, 1998

 Promotion of Access to Information Act, 2000

 Promotion of Administrative Justice Act, 2000

 Promotion of Equality and Prevention of Unfair Discrimination Act, 2000

 Recognition of Customary Marriages Act, 1998

 Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002

 Right of Appearance in Courts Act, 1995

 Special Investigating Units And Special Tribunals Act, 1996

 Trust Property Control Act, 1988

 Witness Protection Act, 1998

 Basic Conditions of Employment Act, 1997

 Compensation for Occupational Injuries and Diseases Act, 1993

 Employment Equity Act, 1998

 Labour Relations Act, 1995

 Occupational Health and Safety Act, 1993

 Skills Development Act, 1998

 Skills Development Levies Act, 1999

 Unemployment Insurance Act, 2001

 Unemployment Insurance Contributions Act, 2002

 Abolition of Certain Title Conditions Act, 1999

 Communal Land Rights Act, 2004

 Deeds Registries Act, 1937

 Expropriation Act, 1975

 Gas Regulator Levies Act, 2002 (Act No. 75 of 2002)

 Mine Health and Safety Act, 1996

 Mineral and Petroleum Resources Development Act, 2002

 Mineral and Petroleum Resources Royalty Act, 2008 (Act No. 28 of 2008)

 National Energy Act, 2008

 National Nuclear Regulator Act, 1999

 Nuclear Energy Act, 1999

 Petroleum Pipelines Levies Act, 2004

 Petroleum Products Act, 1977

 Precious Metals Act, 2005

 Construction Industry Development Board Act, 2000

 Disaster Management Act, 2002

 Explosives Act, 2003

 Firearms Control Act, 2000

 Prohibition or Restriction of Certain Conventional Weapons Act, 2008 (Act No. 18 of 2008)

 Human Sciences Research Council Act, 2008

 National Research Foundation Act, 1998

 Natural Scientific Professions Act, 2003

 Child Care Act, 1983

 Child Justice Act, 2008

 Children’s Act, 2005

 Domestic Violence Act, 1998

 Older Persons Act, 2006

 Social Assistance Act, 2004, (Act No. 13 of 2004)

 2010 FIFA World Cup South Africa Special Measures Act, 2006 (Act No. 11 of 2006)

 National Sport and Recreation Act, 1998

 Safety at Sports and Recreational Events Act, 2010

 South African Boxing Act, 2001

 South African Institute for Drug Free Sport Act, 1997

 Broad-Based Black Economic Empowerment Act, 2003

 Businesses Act, 1991 (Act No. 71 of 1991)

 Close Corporations Act, 1984

 Companies Act, 1973

 Companies Act, 2008 (Act No. 71 of 2008)

 Competition Act, 1998

 Consumer Affairs (Unfair Business Practices) Act, 1988

 Consumer Protection Act, 2008

 Consumer Affairs Reports

 Copyright Act, 1978

 International Trade Administration Act, 2002

 Liquor Act, 2003

 Lotteries Act, 1997

 National Gambling Act, 2004

 National Small Business Act, 1996

 Standards Act, 2008 (Act No. 8 of 2008)

 Trade Marks Act, 1993

 Usury Act, 1968

 Administrative Adjudication of Road Traffic Offences Act, 1998

 Civil Aviation Act, 2009 (Act No. 13 of 2009)

 National Land Transport Act, 2009

 National Railway Safety Regulator Act, 2002 (Act No. 16 of 2002)

 National Road Traffic Act, 1996

 Merchant Shipping (Safe Containers Convention) Act, 2011

 Road Traffic Management Corporation Act, 1999

 Road Accident Fund Act, 1996 (Act No. 56 of 1996)

 National Forests Act, 1998

 National Veld and Forest Fire Act, 1998

 National Water Act, 1998

 Water Services Act, 1997

 Arbitration Act No. 42 Of 1965

 Credit Agreements Act No. 75 Of 1980

 Currency And Exchanges Act No. 9 Of 1933

 Harmful Business Practices Act No. 23 Of 1999

 Insurance Act No 27 Of 1943

 Intellectual Property Laws Amendments Act No. 38 Of 1997

 Regional Services Councils Act No. 109 Of 1985

 SA Reserve Bank Act No. 90 Of 1989

 Stock Exchange Control Act No. 1 Of 1985

SCHEDULE 2

SECTION  IV:

ACCESS TO RECORDS HELD

INFORMATION REQUIRED UNDER SECTION 51(1)(c) AND SECTION 51(1)(e) OF THE ACT:

1. RECORDS WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS IN TERMS OF THE ACT IN TERMS OF SECTION 52(2) (SECTION 51(1)(c):

Documents of Incorporation.

2. RECORDS WHICH MAY BE REQUESTED UNDER SECTION 51(1)(e) OF THE ACT:

2.1         Corporate Records

• All trust deeds;
• Minutes of meeting of the Board of Directors;
• Minutes of meetings of Shareholders;
• Proxy forms (in respect of members);
• Register of debenture-holders;
• Register of directors’ shareholdings;
• Records relating to the appointment of:
• Directors;
• Auditors;
• Secretary;
• Public Officer; and
• Any Prescribed Officer.
• Research and development;
• Share Register and other statutory registers and/or records and/or documents;
• Share certificates; and
• Special resolutions/Resolutions passed at General and Class meetings.

2.2         Financial Records

• Annual Financial Statements
• Tax Returns
• Accounting Records
• Bank Statements
• Paid Cheques
• Asset Register
• Rental Agreements
• Invoices
• Debtors/Creditors statements and invoices
• General reconciliation
• Policies and procedures

2.3         Tax Records

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

2.4         Personnel Records

• Employment contracts
• Employment Equity Plan
• Medical Aid records
• Pension Fund records
• Disciplinary records
• Salary records
• SETA records
• Disciplinary code
• Leave records
• Training records
• Training Manuals

• Workplace and Union Agreements and records
• Standard letters and notices
• Accident books and records
• Forms and Applications
• Payroll reports
• Wage register
• Safety, Health and Environmental records.

2.5         Procurement

• Standard Terms and Conditions for supply of services and products;
• Contractor, client and supplier agreements;
• Lists of suppliers, products, services and distribution; and
• Policies and Procedures.

2.6         Legal and Compliance

• Agreements / General Contracts; and
• Litigation claims / Court documents and records.

2.7         Information Security / Information Technology

• Computer / mobile device usage policy documentation;
• Disaster recovery plans;
• Hardware asset registers;
• Information security policies/standards/procedures;
• Information usage policy documentation;
• Project, disaster recovery and implementation plans;
• Software licensing; and
• System documentation and manuals.

2.8         Risk Management and Audit

• Audit reports;
• Risk management frameworks; and
• Risk management plans.

2.9         Occupational Health and Safety

• A comprehensive and updated list of all the contractors on sites accountable to the principal contractor, the agreements between the parties and the type of work being done;
• Personal injury records; and
• Policies and procedures.