PROMOTION OF ACCESS TO INFORMATION ACT

CONTENTS

Introduction to private body in question.

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

2.Section 10 Guide [Section 51(1)(b)]

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

4.Access to the records held by the private body in question [Sections 51(1)(c) and 51(1)(e)]

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

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

INTRODUCTION TO LUKHOZI CONSULTING ENGINEERS (PTY) LTD

Lukhozi Consulting Engineers (Pty) Ltd is a firm that provides comprehensive consulting engineering services in the following disciplines:

• Structural engineering services,
• Water supply, treatment, storage and distribution
• Sewerage reticulation and sewage treatment and disposal
• Roads and traffic engineering
• Stormwater drainage
• Township and housing development
• Master planning of development areas
• Project management
• Construction management
• Resource management
• Community facilitation and public relations
• Mechanical and electrical engineering
• Information systems technology and specialist programming

1.CONTACT DETAILS

2. THE SECTION 10 GUIDE ON HOW TO USE THE ACT [Section 51(1)(b)]

The Guide will be available from the South African Human Rights Commission by not later than August 2005. Please direct any queries to:

The South African Human Rights Commission
PAIA Unit
The Research and Documentation Department

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

Records are kept in accordance with the following legislation:

• Basic Conditions of Employment No.: 75 of 1997
• Companies Act No.: 61 of 1973
• Employment Equity Act No.: 55 of 1998
• Income Tax Act No.: 95 of 1967
• Occupational Health and Safety Act No.: 85 of 1994
• Skills Development Levies Act No.: 9 of 1999
• Unemployment Insurance Act No.: 63 of 2001
• Value Added Tax Act No.: 89 of 1991

4. ACCESS TO THE RECORDS HELD BY LUKHOZI CONSULTING ENGINEERS [Section 51(1)(c) and 51(1)(e)]

4.1    CATEGORIES OF RECORDS WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS IN TERMS OF THE ACT

Not applicable.

4.2    CATEGORIES OF RECORD HELD BY LUKHOZI CONSULTING ENGINEERS (PTY) LTD

4.2.1 Companies Act Records

• Documents of incorporation
• Memorandum and Articles of Association
• Minutes of Board of Directors meetings
• Records relating to the appointment of directors, auditors and other officers
• Share register and other statutory registers

4.2.2 Financial Records

• Annual financial statements
• Tax returns
• Accounting records
• Banking records
• Bank statements
• Paid cheques
• Electronic banking records
• Asset register
• Rental agreements
• Invoices

4.2.3 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 Services Levies
• Skills Development Levies
• UIF
• Workmen's Compensation

4.2.4 Human Resources

• Employment contracts and employee details
• Remuneration records
• Pension fund records
• SETA records
• Leave records
• Training records
• Disciplinary records

4.2.5 Operational Records

• Project documentation
• Project drawings

4.3    REQUEST PROCEDURE FOR OBTAINING RECORDS

4.3.1 Form of Request

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.  This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].

The requester must provide sufficient detail on the request form to enable the head of the private body 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 a 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)].

4.3.2 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 the private body must 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 a private body is R50. The requester may lodge an application to the court against the tender or payment of the request fee [s 54(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 MANUAL [Section 51(3)]

The manual is available from the South African Human Rights Commission at the details mentioned in No.: 2 above.