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Promotion of Access to Information Act

Manual

(in accordance with section 51 of the Promotion of Access to Information act, No 2 of 2000)

Introduction to Holtzhausen Financial Services (Pty) Ltd

 

1.  Contact details [Section 51(1)(a)]

 

The Head of / Information Officer:  Ben Holtzhausen.

Physical address: 741 Sout Street, Wingate Park, Pretoria.

Postal address:     P. O. Box  2365, Wingate Park 0153

Tel number:          012-345-4071

Fax number:         012-345-4093

Email address:     [email protected]

Web address   www.hfs.co.za

 

2.  The section 10 Guide on how to use the Act  [Section 51(1)(b)]

 

Should you require greater clarity you are referred to the Guide that will be published by The    South African Human Rights Commission by not later than August 2003.

The Guide will be printed in the Government Gazette and be available for inspection by the public at the offices of the Human Rights Commission.  Direct any queries to:  The South African Human Rights Commission, PAIA Unit, Research and Documentation Department, Private Bag 2700, Houghton. 2041  Tel no. 011 484 8300;  Fax no. 011 484 7146;   www.sahrc.org.za

 

3. Records available in terms of any other legislation [Section 51(1)(d)]

 

Basic Conditions of Employment Act, No. 97  of 1997

Unemployment Contributions Act, No. 4 of 2002

Unemployment Insurance Act, No. 63 of 2001

Skills Development Act, No. 97 of 1998

Skills Development Levies Act, No. 9 of 1999

Value Added Tax Act, No. 89 of 1991

Long Term Insurance Act, No. 52 of 1998

Medical Schemes Act, No. 131 of 1998

Financial Advisory and Intermediary Services Act, No. 37 of 2002

Financial Intelligence Centre Act, No. 38 of 2002

 

4. Access to the records held by  Holtzhausen Financial Services (Pty) Ltd

[Sections 51(1)(c) and 51(1)(e)]

 i. Client Financial Needs Analysis, Client Risk Profile, Client Financial Products and Services Summary [Section 51(1)(c)]

ii.  Human Resources : [Section 51(1)(e)]

·         Employment contracts                 

·         Disciplinary and Grievance Procedure records

·         Internal correspondence

iii. The request procedures:

·         The requester must use the prescribed form to make the request for access to a record. This must be made to the head of Holtzhausen Financial Services (Pty) Ltd. This request must be made to the address, fax number or electronic mail address mentioned above. [s 53(1)].

·         The requester must provide sufficient detail on the request form to enable the head of Holtzhausen Financial Services (Pty) Ltd to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c)]

·         The requester must identify the right that is sought to be exercised or to be protected and         provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2)(d)].

·         If a request is made on behalf of  another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body [s 53(2)(f)].

Fees:

·         A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee:

·         The head of Holtzhausen Financial Services (Pty) Ltd will notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)].

·         The fee that the requester must pay to the brokerage is R50. The requester may lodge an application to the court against the tender or payment of the request fee [s 4(3)(b)].

·         After the head of the private body has made a decision on the request, the requester must be notified in the required form.

·         If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].

 

5.         Other information as may be prescribed [Section 51(1)(f)]

 

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

 

6.         Availability of the manual [Section 51(3)]

 

This manual is available for inspection at the offices of  the head of Holtzhausen Financial Services (Pty) Ltd  free of charge at the above mentioned address; and copies are available with the SAHRC, as well as published in the Government Gazette.