PROMOTION OF ACCESS TO INFORMATION ACT MANUAL of Malkoppi Creative Development (PTY) LTD

Contents:
 

  1. Applicability and availability of this Manual 

  2. Contact Details of Managing Director

  3. Contact Details of Creative Director

  4. Description of Guide referred to in Section 10 of PAIA

  5. Malkoppi Records 

    1. Personnel Records

    2. Customer Records

    3. Private Body Records

    4. Other Party records 

  6. Grounds of refusal of access to records

  7. Request for access- Section 51(e)

 

 

Prepared in accordance with Section 51 of the Promotion of Access to Information Act, 2000 for Malkoppi Creative Development (Pty) Ltd.

// 1 This Manual applies to Malkoppi Creative Development (PTY) LTD.

  1. Applicability and availability of this Manual

    1. The Promotion of Access to Information Act, No 2 of 2000 (“the Act”) gives effect to the constitutional right of access to any information in records held by public or private bodies that are required for the exercise or protection of any rights. The Act sets out the procedural requirements involved in requests for information, the requirements which requests must meet as well as the grounds for declining requests. This Manual instructs requesters of procedural and other requirements which a request must meet.

    2. The Act also recognises that the right to access information must be balanced with other rights and should be subject to limitations including, but not limited to, limitations aimed at the reasonable protection of privacy and commercial confidentiality.

    3. This Manual is available for review, free of charge, at the Malkoppi Creative Development Offices (see details below).

// 3 Contact Details of Managing Director

Managing Director:     Megan Casey 

Address:                     421 Amsterdam Drive

                                   Olivedale

                                   Randburg 2188

Number:                     083 261 3330

Email Address:          megan@malkoppi.com

Website:                    www.malkoppi.com

// 3 Contact Details of Creative Director

Managing Director:     Natasha Casey 

Address:                     421 Amsterdam Drive

                                   Olivedale

                                   Randburg 2188

Number:                     078 818 1063

Email Address:           tash@malkoppi.com

Website:                     www.malkoppi.com

// 4 Description of Guide referred to in Section 10 of PAIA

In terms of Section 10 of PAIA, the South African Humans Rights Commission (SAHRC) compiled a guide that contains information required by a person wishing to exercise any right, contemplated by PAIA.

All enquiries relating to this guide should be addressed to The Human Rights Commission. 

Braampark Forum 3

33 Hoofd Street

Braamfontein 

2001

Number: 011 877 3600

www.sahrc.org.za 

// 5 Malkoppi Records

Access to the documents listed below may be refused as set out in this Manual. 

(a) Personnel Records:

Personnel" refers to any person who is employed (permanently, temporarily and part-time staff as well as contract workers) for or provides services to or on behalf of Intuitive and who receives or is entitled to receive remuneration, and any other person who contributes in carrying out or conducting Intuitive business and includes, without limitation, directors (executive and non-executive).

(b) Personnel Records Include:

  1. Records provided by a third party relating to personnel

    1. Conditions of employment and other personnel-related contractual records

    2. All internal records

    3. Correspondence relating to personnel

    4. Training Schedules and Material.

  2. Personal Records (provided by personnel themselves)

(c) Customer Records:

A customer is an individual or business that purchases the goods or services from Malkoppi Creative Development and includes a consumer 

  1. Records pertaining to products or services provided by Malkoppi 

  2. Records received by Malkoppi from a customer 

  3. Records provided by a customer to a third party acting for or on behalf of Malkoppi

  4. Records generated by or within Malkoppi relating to our customers, including transactional data

  5. Personal Information pertaining to our clients or employees           

  6. Financial records of our client’s employees               

  7. Clients distribution records.

(d) Private Body Records:

All records pertaining to but not limited to Malkoppi’s own affairs.

  1. Financial Records

  2. Operational Records

  3. Database

  4. Information technology systems and documents

  5. Marketing Records

  6. Internal Correspondence

  7. Product Records

  8. Statutory Records

  9. Internal Policies and Procedures

(e) Other Party Records: 

  1. Personnel, client or private body records which are held by a third party on behalf of Malkoppi Creative Development

  2. Records held by Malkoppi Creative Development without limitation, financial records, correspondence, contractual records and records about Malkoppi Creative Development’s contractors/ suppliers and or service providers.

(f) Grounds for refusal of access to records:

  1. The mandatory protection of the privacy of a third party who is a natural person, in order to avoid the unreasonable disclosure of personal information concerning that natural person (including a deceased individual).

  2. It is prohibited by any legislation and/or regulations of South Africa to disclose such information;

  3. The 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, 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; or

    3. Information supplied in confidence by a third party,the disclosure of which could reasonably be expected:
      (a) to put that third party at a disadvantage in contractual or other negotiations; or (b). to prejudice that third party in commercial competition.

    4. The mandatory protection of research information of Malkoppi or a third party, if disclosure would expose the identity of Malkoppi or the third party, the researcher or the subject matter of the research to serious disadvantage.

    5. Requests for information that are, in Intuitive’s reasonable opinion, manifestly frivolous or vexatious or which involve an unreasonable diversion of resources.

(g) Request for access (Section 51(e)):

  1. A requester requiring access to information held by Malkoppi must make the request as prescribed by the Act to Malkoppi’s Managing Director at the contact details listed above;

  2. The prescribed form must be completed with enough detail to enable the Malkoppi’s Managing Director to ascertain:

    1. The record(s) requested;

    2. The identity of the requester;

    3. The form of access required, if the request is approved;

    4. The postal address or fax number of the requester.

    5. The requester must:

    6. state that the record is mandatory in order to exercise or protect a right; and

    7. provide details of the nature of the right to be exercised or protected.

    8. Malkoppi will process the request within 30(thirty) days after receipt, subject to Malkoppi’s

    9. rights relating to extensions in terms of the Act.

    10. Malkoppi will give written notice of its decision, including reasons if the request is declined to

    11. the requester.

    12. If a request is made on behalf of another person, the requester must submit proof of the

    13. capacity in which the requester is making the request, to the reasonable satisfaction of Malkoppi.