Manual in terms of Section 51 of The Promotion of Access to Information Act (hereafter referred to as the “Act”)
For TNW The Networking Warehouse Holdings (Pty) Ltd (hereafter referred to as “TNW”)
Registration number : 2002/004457/07
Business Contact Details
Manual and Guidelines
Records Available in terms of the Section 52(2) of the Act
Records that are held at the office of Business.
Security Measures to ensure the confidentiality and privacy of the information which is to be processed.
Denial of Access
The Promotion of Access to Information Act give effect to the constitutional right to access to any information held by the state and any information that is held by another person is required for the exercise or protection of any rights.
Specifically, section 51 (1) of the Act provides that within every private body concerned, the head of a private body must compile a manual that must contain information regarding the subjects and categories of records held by such private bodies.
In this context a “private body” is defined as a natural person who carries or has carried on any trade, business or profession but only in such a capacity or any partnership which carries or has carried or any trade, business or profession or any former or existing juristic person (e.g. Any company, close corporation or business trust).
TNW falls within the definition of a “private body” and this Manual has been complied in accordance with he said provision and to fulfil the requirements of the Act
In terms of the Act, where a request for information is made to a body, there is an obligation to provide the information, except where the Act expressly provides that the information may not be released. In context, Section 9 of the Act recognises that access to the information can be limited. The limitation relates to circumstances where such release would pose a treat to the protection of privacy, commercial confidentiality, the exercising of efficient governance.
Accordingly, this manual provides reference to the records held by TNW and the processes that need to be adopted to access such records.
2.Business Contact Details
Name of Business : TNW The Networking Warehouse Holdings (Pty) Ltd Head of Business: Mr. M. McKenna Position: Director Financial Executive: Mrs. S. Fouche Postal Address: P.O. Box 8508, Halfway House, Midrand, 1685 Street Address: Unit 2, Midrand Junxion, Old Pretoria Main Road, Halfway House, Midrand, 1685 Telephone Number: 011 805 4111 Website: www.tnw.co.za E-mail: Samantha@tnw.co.za
3.Manual and Guidelines
Any queries relating to this guide should be directed to the Chief Executive Office of the South African Human Rights Commission, Private Bag 2700, Houghton, 2041. Contact details 011 877 3600 or Fax 011 403 0625.
Copies of the Guide are also available at the following places:
The office of the Government Communications and Information Services;
Library of Parliament, Cape Town;
The South African Library, Cape Town;
Natal Society Library, Pietermaritzburg;
The State Library in Pretoria;
City Library Film, Video and Sound Archives, Pretoria;
Copies of the Guide are also available in all official languages at the following offices:
All offices of the public bodies;
All Magistrates’ Offices;
All offices of the Department of Justice and Constitutional Development;
All Post Offices;
The Guide is also available at all offices and on the website of the South African Human Rights Commission, www.sahrc.org.za.
4.Records available in terms of Section 52(2) of the Act
5.Records that are held at the offices of business
The below listed are records that are held at the business’s premises, but not limited to the below:
Minutes of Meetings
Conditions of Service
Personnel Guidelines, Polices and Procedures
Annual Financial Statements
Purchase and Order Information
IT Policies and Procedures
Basic Conditions of Employment 75 of 1997 Companies Act 71 of 2008 Compensation for Occupational Injuries and Health Diseases Act 130 of 1993 Consumer Protection Act 68 of 2008 Currency and Exchanges Act 9 of 1933 Debtors Collectors Act 114 of 1998 Electronic Communications and Transactions Act 25 of 2002 Income Tax Act 95 of 1967 Insolvency Act 24 of 1936 Labour Relations Act 66 of 1995 Medical Schemes Act 131 1998 Occupational Health & Safety Act 85 of 1993 National Credit Act 34 of 2005 National Road Traffic Act 93 of 1996 SA Reserve Bank Act 90 of 1989 Short Term Insurance Act 53 of 1998 Promotion of Access to Information Act 2 of 2000 Skills Development Levies Act 9 of 1999 Skills Development Act 97 of 1998 Unemployment Contributions Act 4 of 2002 Unemployment Insurance Act 63 of 2001 Value-Added Tax Act 89 of 1991
Although TNW has used its best endeavours to supply you with a list of applicable legislation it is possible that the above list may be incomplete. Wherever it comes to TNW’s attention that existing or new legislation allows a requester access on a basis other than that set out in the Act, we shall update the list accordingly.
6.Security Measures Implemented To Ensure The Confidentiality And Privacy of The Information Which Is to Be Processed
6.1 TNW is committed to implementing leading data security safeguards. TNW has a specialised security teams who constantly review and improve the measures to protect data subject’s personal information from unauthorised access, accidental loss, disclosure, or destruction.
6.2 If TNW has a contract with another organisation to provide TNW with services or a service on TNW’s behalf to process a data subject’s personal information, TNW will make sure they have appropriate security measures and only process the information in the way the TNW has authorised them to. These organisations won’t be entitled to use a data subject’s personal information for their own purposes. If necessary, TNW’s security teams will check them to make sure they meet the security requirements as set within.
6.3 Communications over the internet (such as emails) are not secure unless they have been encrypted. A data subject’s communications may go through several countries before being delivered – as this is the nature of the internet. TNW cannot accept responsibility for any unauthorised access or loss of personal information that is beyond TNW’s control
7.Denial of Access
Access to any record may be refused under certain limited circumstances. These include:
The protection of personal information from unreasonable disclosure concerning any natural person.
The protection of commercial information held concerning any third party i.e., trade secrets.
The protection of financial, commercial, scientific, or technical information that may harm the commercial or financial interests of any third party.
Disclosures that would result in breach of a duty or confidence owed to a third party.
Disclosures that would prejudice or impair the security of property of means of transport.
Disclosures that would prejudice or impair the protection of a person in accordance with a witness protection scheme.
Disclosures that would prejudice or impair the protection of the safety of the public.
Disclosures that are privileged from production in legal proceedings unless the privilege has been waived.
Disclosures of details of any computer programme
Disclosures that will put TNW at a disadvantage in contractual of other negotiations or prejudice it in commercial competition.
Disclosures of any record containing any trade secrets, financial, commercial, scientific, or technical information that would harm the commercial or financial interests of TNW.
Disclosures of any record containing information about research and development being carried out or about to be carried out by TNW
If access to a record or any other relevant information is denied, our response will include:
Adequate reasons for the refusal and
Notice that you many lodge an application with the court against the refusal and the procedure including details of the period for lodging the application
The following applies to requests (other than personal requests):
A requestor is required to pay the prescribed fees of R 50 .00 before a request will be processed, this fee does not apply to a request for personal records.
If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted).
A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit.
Records may be withheld until the fees have been paid.
The fee structure is available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za.
This Manual is available at the offices of the South African Human Rights Commission. The Manual is also available at www.tnw.co.za Copies may also be obtained from the Finance Executive of TNW in respect of hard copies, any transmission costs or postage will be for the account of the requester.
TNW has used its best endeavours to supply an updated manual. The manual may be incomplete due to applicable legislation changes and will update accordingly. At time of publication all information provided is correct and relevant to TNW’s knowledge.