Access to Information



TABLE OF CONTENTS
  Introduction
  Particulars in Terms of Section 51
1. Contact details
2. The Guide as described in Section 10
3. Categories of records of R W Irish - Alliott Inc. which are available without a person having to request access in terms of the Act in terms of Section 52(2)
4. Records available in terms of any other legislation
5.

How to request a record - a description of the subjects and categories of the records

5.1 How to request a record
5.2

Categories of records held by R W Irish - Alliott Inc

5.2.1 Web page and library records
5.2.2 Other records
6. Other information as may be prescribed
7. Availability of the Manual
8. Fees in respect of private bodies
9.

Prescribed request form

A. Particulars of private body
B. Particulars of person requesting access to the record
C. Particulars of person on whose behalf request is made
D. Particulars of record
E. Fees
F. Form of access to record
G. Particulars of right to be exercised or protected
H. Notice of decision regarding request for access

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INTRODUCTION

Reference to the Constitution

Section 32 of the Constitution of the Republic of South Africa, No. 108 of 1996 ("the Constitution") provides:

S32(1) Everyone has the right of access to -
(a) any information held by the state; and
(b) any information that is held by another person and that is required for the exercise or protection of any rights.

S32(2) National legislation must be enacted to give effect to this right, and may provide for reasonable measures to alleviate the administrative and financial burden on the state.

The Promotion of Access to Information Act, 2 of 2000 ("the Act"), was enacted on 3 February 2002 to give effect to section 32 of the constitution, that is giving 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. Where a request is made in terms of this Act, the private or public body to whom the request is made is obliged to release the information, except where the Act expressly provides that the information must not be released. The Act sets out the requisite procedural issues attached to such request.

The Act came into effect on 9 March 2001 with the exception of sections 10, 14, 16 and 51 which sections were brought into operation on 15 February 2002.

Reference to R W Irish - Alliott Inc.

R W Irish - Alliott Inc. was formed in 1999. R W Irish - Alliott Inc. is a firm of public accountants and auditors which provides a wide range of accountancy and financial services to its clients. The directors of the firm are all Chartered Accountants (SA) and Registered Accountants and Auditors and are registered with the Public Accountants' and Auditors' Board.

R W Irish - Alliott Inc.'s mission is to provide the highest standard of service to clients and to perform professional services with due care, competence and diligence. The firm has a continuing duty to maintain professional knowledge and skill at a level required to ensure that clients receive the advantage of competent professional service based on up-to-date developments in practice, legislation and techniques.

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PARTICULARS IN TERMS OF SECTION 51

1. Contact Details

Any person who wishes to request any information from R W Irish - Alliott Inc. with the object of protecting or exercising a right may contact the Information officer. The Information officer has been duly authorised by the directors to deal with the matters in connection with requests for information in terms of the Promotion of Access to Information Act 2, of 2000. The contact details are as follows:

Postal Address:
 The Information Officer
R W Irish - Alliott Inc.
P.O Box 418
PINEGOWRIE
2123
Physical address: Fernridge Office Park
5 Hunter Street
FERNDALE
2194
Telephone: +27 11 886 0018
Facsimile: +27 11 886 0151
E-mail: rwi-api@rwirish.co.za
Website: http://www.rwirish.co.za

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2. THE GUIDE AS DESCRIBED IN SECTION 10

The guide will be available from the Human Rights Commission. Please direct any queries to:

The Human Rights Commission:

Postal Address:
 Private Bag 2700
HOUGHTON
2041
Telephone: +27 11 484 8300
Facsimile: +27 11 484 0582
Website: http://www.sahrc.org.za

3. CATEGORIES OF RECORDS OF R W IRISH - ALLIOTT INC. 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)]

No notice of such records has been made to the Minister.

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4. RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION. [Section 51(1)(d)]

Records are kept in accordance with the following legislation:

  • Companies Act, 1973.
  • Close Corporations Act, 1984.
  • Income Tax Act, 1962.
  • Pension Fund Act 1956
  • Regional Services Council Act 1985
  • Value Added Tax Act 1991
  • Compensation for Occupational Injuries Act 1993
  • Labour Relations Act 1995
  • Basic Conditions of Employment Act 1997
  • Skills Development Act 1998
  • South African Revenue Services Act 1997
  • Promotion of Access to Information Act 2000
  • Skills Development Levies Act 1999

5. HOW TO REQUEST A RECORD. A DESCRIPTION OF THE SUBJECTS OF THE RECORDS HELD BY R W IRISH - ALLIOTT INC. AND THE CATEGORIES IN WHICH THESE SUBJECTS ARE CLASSED. [Section 51(1)(e)]

5.1 How to request a record
[See prescribed request form in Section 9]

  • Section 53 prescribes that the requester must use the prescribed form to make the request for access to a record. This must be made to the Information officer of R W Irish - Alliott Inc. The request must be made to the address, fax number or electronic mail address of the Information officer of R W Irish - Alliott Inc. as mentioned in point 1) on page 3.

  • The requester must provide sufficient detail on the request form to enable the Information officer of R W Irish - Alliott Inc. to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if s/he wishes to be informed in any other manner and state the necessary particulars to be so informed.

  • The requester must identify the right that s/he is seeking to exercise protect and provide an explanation of why the requested record is required for the exercise or protection of that right.

  • If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Information officer of R W Irish - Alliott Inc.

  • The Information officer of R W Irish - Alliott Inc. must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee before further processing of the request.

  • The request fee for private bodies is R50. The requester may lodge an internal appeal or an application to the court against the tender or payment of the request fee.

  • If the request is granted then a further access fee must be paid for the reproduction and the search and preparation, and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.

The Information officer of R W Irish - Alliott Inc. will then make a decision on the request and notify the requester in the required form.

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5.2 Categories of records held by R W Irish - Alliott Inc.

5.2.1

Web page and library records

The web page, www.rwirish.co.za is accessible to anyone who has access to the Internet. R W Irish - Alliott Inc.'s website has the following categories:

  • Services
    - Auditing
    - Secretarial Work
    - Management Consulting
    - Accounting and Taxation
    - Access to Information
  • Information
    - Close Corporations
    - Private Companies
    - Trusts
    - Shareholders
    - Public Officers
    - Directors
    - Members
  • Careers
    - Career Opportunities
  • News
    - Latest News
  • Links
    - Related Accounting Links

Library

The firm's library consists of a collection of works on various accounting, auditing and taxation issues. The material designation of the library is books and journals. The library is for use of staff only.
5.2.2

Other records

  • Operational information
    This information can be defined as information needed in the day-to-day running of the organization and is generally of little to no use to persons outside the organization. (Examples of such information are: requisitions, internal telephone lists, address lists, company policies, directives, contracts, employee records and general "house-keeping" information).

  • Correspondence files

  • Audit files

  • Tax files

  • Human resources files

  • Trainee accountant records

  • Incorporation agreements

  • Financial records, including accounting records.

 

 



 


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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6. OTHER INFORMATION AS MAY BE PRESCRIBED [Section 51(1)(f)]

Not applicable.

7. AVAILABILITY OF THE MANUAL. [Section 51(3)]

This manual is available from the South African Human Rights Commission (as per details in point 2) on page 3), R W Irish - Alliott Inc. (as per details in point 1) on page 3), and in electronic format at www.rwirish.co.za.

8. FEES IN RESPECT OF PRIVATE BODIES
1. The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof.
2.

The fees for reproduction referred to in regulation 11(1) are as follows:

(a) For every photocopy of an A4-size page or
part thereof 		1,10
(b) For every printed copy of an A4-size page or part
thereof held on a computer or in electronic or machine-
readable form 		0,75
(c) For a copy in a computer-readable form on -
(i) stiffy disc
(ii) compact disc
7,50
70,00
(d) (i) For a transcription of visual images,
for an A4-size page or part thereof
(ii) For a copy of visual images
40,00
60,00
(e) (i) For a transcription of an audio record,
for an A4-size page or part thereof
(ii) For a copy of an audio record		 20,00
3. The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R50,00.
4.

The access fees payable by a requester referred to in regulation 11(3) are as follows:

      R
(1) (a) For every photocopy of an A4-size page or
part thereof
1,10
  (b) For every printed copy of an A4-size page or part
thereof held on a computer or in electronic or machine-
readable form 0,75		 0,75
  (c) For a copy in a computer-readable form on -
(i) stiffy disc
(ii) compact disc
7,50
70,00
  (d) (i) For a transcription of visual images,
for an A4-size page or part thereof 
(ii) For a copy of visual images
40,00
60,00
  (e) (i) For a transcription of an audio record,
for an A4-size page or part thereof
(ii) For a copy of an audio record

20,00
30,00
  (f) To search for and prepare the record for
disclosure, R30,00 for each hour or part
of an hour reasonably required for such
search and preparation.
  
(2)   For purposes of section 54(2) of the Act, the following applies:  
  (a) Six hours as the hours to be exceeded before a deposit is payable; and  
  (b) one third of the access fee is payable as a deposit by the requester.  
(3)   The actual postage is payable when a copy of a record must be posted to a requester.

 

 
 

 


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

 

 
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9. PRESCRIBED REQUEST FORM

REQUEST FOR ACCESS TO RECORD OF R W IRISH - ALLIOTT INC.
(Section 53(1) of the Promotion of Access to Information Act 2 of 2000)

[Regulation 10]

A. Particulars of R W Irish - Alliott Inc.

The Information officer:

B. Particulars of person requesting access to the record

(a) The particulars of the person who requests access to the records must be recorded below.
(b) Furnish an address and/or fax number in the Republic to which information must be sent.
(c) Proof of the capacity in which the request is made, if applicable, must be attached.

Full name and surname:

________________________________________________________________________

________________________________________________________________________

Identity number:

________________________________________________________________________

Postal Address:

________________________________________________________________________

________________________________________________________________________

Telephone number: ( )_______________ Fax number: ( )_______________

C. Particulars of person on whose behalf request is made:

This section must be completed only if a request for information is made on behalf of another person.

Full names and surname:

________________________________________________________________________

________________________________________________________________________

Identity number:

________________________________________________________________________

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D. Particulars of record:

(a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
(b) If the provided space is inadequate please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.

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

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

2. Reference number, if available:

____________________________________________________________________


3. Any further particulars of record:

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

E. Fees

(a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
(b) You will be notified of the amount required to be pad as the request fee.
(c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.
(d) If you qualify for exemption of the payment of any fee, please state the reason therefor.

Reason for exemption from payment of fees:

________________________________________________________________________

________________________________________________________________________

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F. Form of access to record

If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.

Disability:
________________________________

________________________________

________________________________

________________________________

 Form in which record is required:
________________________________

________________________________

________________________________

________________________________

Mark the appropriate box with an “X”

NOTES:

(a) Your indication as to the required form of access depends on the form in which the record is available.
(b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form
(c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.


1. If the record is in written or printed form:
  Copy of record   Inspection of record

2. 2. If record consists of visual images:
(this includes photographs, slides, video recordings, computer-generated images, sketches, etc)
  View the image   Copy of images*   Transcription of images*

3. If record consists of recorded words or information which can be reproduced in sound:
  Listen to the soundtrack (audio cassette)   Transcription of soundtrack*

4. If record consists of visual images:
(this includes photographs, slides, video recordings, computer-generated images, sketches, etc)
  View the image   Copy of images*   Transcription of images*

* If requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you?
A postal fee is payable
Yes
No
   

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G. Particulars of right to be exercised or protected:

If the provided space is inadequate please continue on a separate folio and attach it to this form.
The requester must sign all the additional folios.

Indicate which right is to be exercised or protected:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

Explain why the requested record is required for the exercising or protection of the aforementioned right:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

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H. Notice of decision regarding request for access:

You will be notified in writing whether your request has been approved/denied. If you wish to be informed thereof in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

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

________________________________________________________________________

________________________________________________________________________

Signed at ________________________ this _______ day of ________________2003

____________________________
SIGNATURE OF REQUESTER / PERSON ON WHOSE BEHALF REQUEST IS MADE

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