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JACKLIN ENTERPRISES (PTY) LTD

ACCESS OF INFORMATION MANUAL IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT

Contents

  1. Preamble
  2. Introduction
  3. Particulars in terms of the Section 51 Manual
    • Contact Details [Section 51(1)A]
    • The Section 10 guide [Section 51(1)B]
    • Records available in terms of any other legislation [Section 51(1)D]
    • Records that are automatically available [Section 51(1)C]
    • Records that are available upon request [Section 51(1)E]
    • Records request procedure [Section 51(1)E]
    • Grounds for refusal of access to records of a private body
    • Costs

1. Preamble

The Promotion of Access to Information Act was promulgated in March 2001. The Act was put in place in order to actively promote a society in which the people of South Africa have effective access to information, which enables them to more fully exercise and protect their rights. The promulgation of the Act was also designed to foster a culture of transparency and accountability in Public and Private Bodies, as defined. This Manual has been prepared in accordance with Section 51 of the Promotion of Access to Information Act. No. 2 of 2000.

2. Introduction to Jacklin Enterprises (Pty) Ltd

Jacklin Enterprises is a direct marketing company specialising in Mail Order with a high technology, fulfilment operation in South Africa. The company markets and fulfils orders for a variety of the world’s finest publications in the fields of education, health and entertainment: from Disney Children’s Books to BBC Music Magazine, Rodale health books and a wide variety of partwork products.

Jacklin Enterprises is a Walt Disney Company Mail Order Licensee and our Barbie & Friends Book Club is under license from Mattel. Both of these book clubs are available in English and Afrikaans providing high-quality books with stimulating pictures and sound editorial content.

We are proud members of the Marketing Federation of South Africa and as such, uphold the codes of conduct as set down by them. We only select the highest quality products for our customers and our customers are supported by our friendly Customer Service team.

3. Particulars in terms of Section 51 Manual

A. Contact Details

Postal Address : P.O. Box 521
Parklands
2121
Street Address : Unit 19
Mifa Park
George Road
Midrand
1684
Telephone Number : (011) 265 4200
Fax Number : (011) 314 2984
E-mail Address : md@jacklin.co.za
Website Address : www.jacklin.co.za

B. The Section 10 guide [Section 51(1)B]

The Guide is available from the South African Human Rights Commission. Please direct any queries to:

The South African Human Rights Commission: PAIA Unit
The Research and Documentation Department
Postal Address: Private Bag 2700
Houghton
2041
Tel: (011) 484 8300
Fax: (011) 484 7146
Website: www.sahrc.org.za
E-mail: PAIA@sahrc.org.za

C. Records Available in terms of any other legislation

  • Basic Conditions of Employment Act No. 75 of 1997
  • Companies Act No. 61 of 1973
  • Compensation for Occupational Injuries and Health Diseases Act No. 130 of 1993
  • Consumer Affairs (Unfair Business Practices) Act No. 71 of 1988
  • Copyright Act No. 98 of 1978<
  • Debtor Collectors Act No. 114 of 1998
  • Employment Equity Act No. 55 of 1998
  • Income Tax Act No. 95 of 1967
  • Intellectual Property Laws Amendments Act No. 38 of 1997
  • Labour Relations Act No. 66 of 1995
  • Occupational Health and Safety Act No. 85 of 1993
  • Post Office Act No. 44 of 1958
  • Regional Services Councils Act No. 109 of 1985
  • Skills Development Act No. 97 of 1999
  • Skills Development Levies Act No. 9 of 1999
  • Trade Marks Act No. 194 of 1993
  • Unemployment Insurance Act No. 63 of 2001
  • Value Added Tax Act No. 89 of 1991

D. Records that are automatically available [Section51(1)C]

The Minister of Justice is entitled to publish a list of records submitted by Jacklin Enterprises (Pty) Ltd to which the public may have access to without formally applying for access to such records.

The list of records that are freely available which need not be requested in terms of this Act are:

  • Booklets
  • Newsletters
  • Pamphlets
  • Brochures

E. Records that are available upon request [Section 51(1)E]

These records are available upon request if the correct request procedure is followed according to Section 51(1)E.

Statutory Company Information

  • Documents of incorporation
  • Memorandum and Articles of Association
  • Records relating to the appointment of directors/ auditor/ secretary/ public officer and other officers

Financial Records

  • Books of Account including journals and ledgers
  • Tax Returns
  • Banking Records
  • Rental Agreements
  • Asset Register

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 Service Levies
    • Skills Development Levies
    • UIF

Personnel Documents and Records

  • Employment contracts
  • Employment Equity Plan (if applicable)
  • Disciplinary records
  • SETA records
  • Disciplinary code
  • Training records

Intellectual Property

  • Agreements relating to intellectual property
  • Copyrights

F. Records request procedure [Section 51(1)E]

  •  The requester must use the prescribed form to make the request for access to a record. This must be made to the head of the private body via the address, fax number or e-mail address provided.
  • The requester should provide sufficient detail on the application form to allow the deputy information officer to identify the record/s requested, as well as the identity of the requester. The requester should indicate which form of access is required.
  • The requester must identify the right that is sought to be exercised and provide an explanation of why the requested record/s is required for the exercise of that right.
  • If the request is made on behalf of another person, the requester must submit proof of the capacity in which the requester is making the request, to the satisfaction of the head of the private body concerned.

G. Grounds for refusal of access to records of a private body

  • Mandatory protection of privacy of a third party who is a natural person
  • Mandatory protection of commercial information of a third party
  • Mandatory protection of certain confidential information of a third party
  • Mandatory protection of safety of individuals, and protection of property
  • Mandatory protection of records privileged from production of legal proceedings
  • Commercial information of a private body
  • Mandatory protection of research information of a third party, and protection of research information of a private body
  • Mandatory disclosure in the public interest

H. Costs

1)       A requester is required to pay the prescribed fee (R50.00) before a request will be processed  
2)       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.  
3)       The fees for reproduction referred to in regulation 11(1) are as follows: R
    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
7,50
      ii) Compact disc
70,00
    d) i) For a transcription of visual images, for an A4-size page or part thereof
40,00
      ii) For a copy of visual images
60,00
    e) i) For a transcription of an audio record, for an A4-size page or part thereof
20,00
      ii) For a copy of an audio record
30,00
4) The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R50,00  
5) The access fees payable by a requester referred to in regulation 11(3) are as follows:  
  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
  c) For a copy in a computer-readable form on  
  iii) Stiffy disc
7,50
  iv) Compact disc
70,00
  d) i) For a transcription of visual images, for an A4-size page or part thereof
40,00
  ii) For a copy of visual images
60,00
  e) i) For a transcription of an audio record, for an A4-size page or part thereof
20,00
  ii) For a copy of a audio record
30,00
  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
The actual postage is payable when a copy of a record must be posted to a requester.

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