This Manual applies to information held by: Cellfind (Pty) Ltd.
In terms of section 51(2) of the Promotion of Access to Information Act, this Manual will be updated as and when the need arises.
The Promotion of Access to Information Act, 2 of 2000 ("the Act") came into operation on 9 March 2001 . The Act seeks to give natural and/or juristic persons the right of access to records held by either a private or public body, subject to certain limitations, in order to enable them to exercise or protect their rights.
Section 51 of the Act obliges private bodies to compile a Manual which would assist a person to obtain access to information held by such a private body and stipulates the minimum requirements a manual has to comply with. Section 51 requires a manual to contain the following:
The objectives of this manual are:
The information held by the aforementioned companies has been divided into two hundred categories. These categories have been grouped into twelve subjects, each of which describes a single business entity, for example, "Human Resources". For ease of understanding and navigation, an additional level has been added between the "subject" and "category" levels. This additional level describes more accurately the sub-set of categories that falls under it. For example, under the additional level, the subject "Performance and Remuneration" is made up of information categories describing payroll, bonus and incentives, and employee performance information. The categories of information are not exhaustive but are merely meant to give a broad indication of the information subject and categories held by Cellfind, without specification. A category may therefore contain sub-categories and sub-sets of information, which are not specifically listed. ( See Page 9 below )
In order to ensure that the mentioned Cellfind companies comply with the Act the managing directors of the mentioned companies have designated Cellfind Client Services as the only entry point through which any request in terms of the Act must be channelled.
All requests in terms of the Act must be addressed to:
Cellfind client services:
Physical Address :Cellfind Client Services
Postal Address :Cellfind client services
Other :Telephone: (011) 848 8200
5.1 The Purpose for which Information is required
The Act provides that a person may only request information in terms of the Act, if the information is required for the exercise or protection of a right.
Information will therefore not be furnished unless a person clearly provides sufficient particulars to enable the company to identify the right the requester is seeking to protect as well as an explanation of why the requested information is required for the exercise or protection of that right.
5.2 Requester categories :
The capacity in which a requester requests information will determine the category he or she falls in. Please note that the requester category has a bearing on the charges pertaining to the access to information. ( See Page 31 and Request Fees below ).
Requesters have been classified into four categories :
6.1 Completion of form c
Any request for information in terms of this Act must be contained in Form C. ( See Page 17 ). This formality is prescribed by the Act.
Form C must be completed in full and returned to Cellfind Client Services together with any other information that the mentioned companies require in order to consider and decide on the request. A request, which does not comply with the formalities, as prescribed by the Act will be forwarded back to the requester with advice on the necessary steps for compliance. This includes Forms that are not completed in full.
Cellfind Client Services will not consider a request unless it is contained in Form C. Cellfind Client Services will make copies of the mentioned form available on request.
6.2 Proof of identity:
Proof of identity is required to authenticate the request and the requester. In view hereof, a requester will, in addition to Form C, be required to submit acceptable proof of identity such as a certified copy of their identity document or other legal forms of identity.
Section 54 if the Act entitles a company to levy a charge or request fee to enable the company to recover the cost of processing a request and giving access to records in terms of the Act. The fees that may be charged have been published by the Minister of Justice and are set out on page 33.
Note that where a decision to grant a request has been taken, the record will not be disclosed until the necessary fees have been paid in full.
All requests complying with the requirements set out above will be processed and considered expeditiously.
Please note that the Act stipulates the following grounds for refusing requests for information:
Whatever decision is taken, the requester will be given notice of the decision in writing. The Act requires that such notification be given within 30 days of the decision being made. In case of a request being refused, the notification will include the reasons for the refusal.
Please note that Cellfind Client Services may extend the thirty-day notice period if it is necessary due to the nature of the request and the amount of time required to gather the requested information. The requester will however be given notice of the extension prior to the 30 day period's expiry.
The Act does not require a company to establish an internal appeal structure for the purpose of allowing a requester who is aggrieved by a decision of the company to appeal such a decision. This requirement only applies to a public body.
A requester aggrieved by Cellfind's decision must therefore approach a court of law.
The Human Rights Commission's Guide might contain information on appeal procedures.
Section 10 of the Act imposes a duty on the Human Rights Commission to "compile in each official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably required by a person who wishes to exercise any right contemplated in the Act
Details on how to obtain access to the mentioned guide were at the time of publication of this Manual not available. The Human Rights Commission may be contacted in this regard on the Human Rights Advice Line at 0860 120 120, during office hours between Monday and Friday.
Information is furnished in terms of legislation other than the Promotion of Access to Information Act, as and when requested in terms of the relevant legislation below :