PAIA Manual - Helios Solar

HELIOS TRADING AND INVESTMENTS (PTY) LTD

ACCESS TO INFORMATION MANUAL

PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2 OF 2002

PURPOSE OF THIS MANUAL

This MANUAL has been prepared in respect of Helios Trading And Investments (Pty) Ltd and is intended to assist people wishing to access information from Helios Trading And Investments (Pty) Ltd in terms of the Promotion of Access to Information Act, 2 of 2002.

DEFINITIONS AND INTERPRETATION
- Unless the context dictates otherwise, the words and expressions set forth below will bear the following meanings and cognate expressions will bear corresponding meanings:
  - ACT – the Promotion of Access to Information Act, 2 of 2002;
  - HELIOS – Helios Trading And Investments (Pty) Ltd, registration number 2015/036673/07, private company duly incorporated in accordance with the laws of the RSA;
  - MINISTER – the Minister of Justice and Constitutional Development;
  - MANUAL – this document that is compiled in terms of section 51 of the ACT;
  - PREPARE – in relation to RECORDS, the search, reproduction and preparation of RECORDS for disclosure pursuant to a granted REQUEST;
  - RECORD – any recorded information regardless of form or medium that is in the possession of or under the control of HELIOS irrespective of whether or not it was created by HELIOS;
  - REQUEST – a request for access to a RECORD in terms of section 53 of the ACT;
  - REQUESTER – a person (natural or juristic) that requests information in accordance with this MANUAL;
  - RSA – Republic of south Africa;
  - SAHRC – the South African Human Rights Commission.
- In this MANUAL, any terms defined in the ACT will have the meaning(s) set out therein.
- Any reference to sections will be a reference to the sections of the ACT.
- In this MANUAL, headings embodying the clauses are for convenience only and will not be used in its interpretation and, unless the context of this MANUAL indicates otherwise, words importing the masculine gender include the feminine and neuter genders and vice versa; the singular includes the plural and vice versa; and natural persons include artificial persons and vice versa.
- Any definition, wherever it appears in this MANUAL, will bear the same meaning and apply throughout this MANUAL unless otherwise stated or inconsistent with the context in which it appears.
- If there is any conflict between any definitions in this MANUAL then, for purposes of interpreting any clause of this MANUAL the definition appearing in that clause will prevail over any other conflicting definition appearing elsewhere in this MANUAL.
- The references to a statutory provision include any subordinate legislation made from time to time under that provision and include that provision as modified or re-enacted from time to time.
- The rule of construction that if general words or terms are used in association with specific words or terms which are a species of a particular genus or class, the meaning of the general words or terms will be restricted to that same class (i.e. the eiusdem generis rule) will not apply, and whenever the word “including” is used followed by specific examples, such examples will not be interpreted so as to limit the meaning of any word or term to the same genus or class as the examples given.
INTRODUCTION
- The ACT gives effect to the constitutional right of access to any information that is held by another person and that is required for the exercise or protection of any rights.
- Any REQUEST for access to information may be refused on the grounds as set out in Chapter 4 of Part 3 of the Act.
COMPANY CONTACT DETAILS
- Directors

Scott Austin Gaskell

Head Office

Postal address: WSP House Building C Knightsbridge, 33 Sloane Street, Bryanston, Gauteng, 2191

Physical address: WSP House Building C Knightsbridge, 33 Sloane Street, Bryanston, Gauteng, 2191

Telephone number: 010 100 8252

INFORMATION OFFICER DETAILS

Information Officer: Scott Gaskell

Postal address: WSP House Building C Knightsbridge, 33 Sloane Street, Bryanston, Gauteng, 2191

Physical address: WSP House Building C Knightsbridge, 33 Sloane Street, Bryanston, Gauteng, 2191

Telephone number: 010 100 8252

Email: scott@heliostrading.co.za

DEPUTY INFORMATION OFFICER DETAILS

Information Officer: Scott Heathfield

Postal address: WSP House Building C Knightsbridge, 33 Sloane Street, Bryanston, Gauteng, 2191

Physical address: WSP House Building C Knightsbridge, 33 Sloane Street, Bryanston, Gauteng, 2191

Telephone number: 010 100 8252

Email: scott.heathfield@heliostrading.co.za

THE ACT AND SECTION 10 GUIDE
- The ACT grants a REQUESTER access to RECORDS of a private body, if the RECORD is required for the exercise or protection of any rights. If a public body lodges a REQUEST, the public body must be acting in the public interest.
- REQUESTS in terms of the ACT must be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in the ACT.
- REQUESTERS are referred to the guide in terms of section 10 of the ACT which has been compiled by the SAHRC, which contains information for the purposes of exercising constitutional rights. The guide is available from the SAHRC. The contact details of the SAHRC are:

Postal address: Private Bag 2700, Houghton, 2041

Telephone number: +27-11-877 3600

Website: www.sahrc.org.za

APPLICABLE LEGISLATION

HELIOS is subject to all laws of the RSA. Where applicable to the business of HELIOS, RECORDS are kept in accordance with the list of the acts shown below. This list may not be exhaustive; accordingly, HELIOS may be subject to further acts; alternatively, there may be acts listed which are not applicable to HELIOS.

Arbitration Act 42 of 1965
Basic Conditions of Employment Act 75 of 1997
Broad-Based Economic Empowerment Act 53 of 2008
Companies Act 71 of 2008
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Consumer Affairs (Unfair Business Practices) Act 71 of 1988
Constitution of the Republic of South Africa 200 of 1993
Consumer Protection Act 68 of 2008
Copyright Act 61 of 1978
Electronic Communications and Transactions Act 25 of 2002
Employment Equity Act 55 of 1998
Financial Intelligence Centre Act 38 of 2001
Harmful Business Practices Act 23 of 1999
Income Tax Act 58 of 1962
Intellectual Property Laws Amendments Act 38 of 1997
Labour Relations Act 66 of 1995
Occupational Health and Safety Act 85 of 1993
Patents Act 57 of 1987
Promotion of Access to Information Act, 2 of 2002
Protection of Personal Information Act 4 of 2013
The Regulation of Interception of Communications Provision of Communication-Related Information Act 70 of 2002
Skills Development Act 97 of 1998
Skills Development Levies Act 9 of 1999
The National Credit Act 34 of 2005
Trade Marks Act 194 of 1993
Unemployment Insurance Act 63 of 2001
Unemployment Insurance Contributions Act 4 of 2002
Value Added Tax Act 89 of 1991

CATEGORIES OF RECORDS OF INFORMATION HELD BY HELIOS

HELIOS holds the following categories of RECORDS, where applicable:

Information automatically available for inspection, purchase and photocopying
- pamphlets
- pricelists
- marketing and promotional material
- website
Statutory Company Information
- certificate of incorporation
- memorandum of incorporation
- minutes, resolutions and proxy forms
- registers of allotments, meetings, members, mortgages, debentures fixed assets and directors
Financial and accounting
- annual financial statements and working papers
- ledgers
- journals
- budgets and business plans
- bank account statements, cheque books, cheques and deposit slips
- asset register
- management accounts
- tax records
- vat returns and assessments
- auditors’ and directors’ reports
- customer and supplier invoices and statements
Taxation Records
- private body tax returns
- all other statutory compliances:
  - VAT
  - regional service levies.
- Legal, Agreements and Contracts
  - contracts, including finance and lease agreements
  - statutory records
  - complaints, pleadings, briefs and other documents pertaining to any actual, pending or threatened litigation, arbitration or investigation
  - material licences, permits and authorisations
  - settlement agreements
  - material agreements relating to provision of services
  - alliance agreements relating to –
    - joint ventures
    - partnerships
  - agreements with shareholders, officers or directors
  - agreements with consultants and clients
  - agreements with suppliers and service providers
  - sale agreements
  - warranty agreements
  - distributor, dealer or agency agreements
  - restraint agreements
  - agreements with governmental agencies
- Insurance
  - insurance policies
  - claim records
  - details of insurance coverages, limits and insurers
- Administration
  - correspondence
- Clients
  - client register
  - records of orders
  - records of sales
  - correspondence with clients
  - correspondence with agents
- Products
  - pricing lists and pricing information
- Purchasing and Service Providers
  - purchasing/ordering policy
  - supplier/service provider lists and details of suppliers/service providers
  - agreements with suppliers/service providers
  - purchase order vouchers
- Marketing
  - service information
  - marketing literature (brochures, newsletters and advertising materials)
  - public relations policies and procedures
- Information technology
  - agreements, including maintenance agreements
  - software packages
  - licenses
  - disaster recovery processes and procedures
  - client database
  - hardware
  - internet
  - security
  - telephone exchange equipment
  - telephone lines, leased lines and data lines
  - LAN installations
- Intellectual Property
  - trademark design and applications
  - registered trademarks
  - trade names and protected names
  - agreements relating to intellectual property e.g. licence agreements, secrecy agreements, use agreements, joint venture agreements, joint development agreements and consulting agreements
  - copyrights
- Personnel Records
  - disciplinary awards
  - employee evaluations and performance records
  - employee information records
  - employee loans
  - employee share purchase plan
  - employment applications
  - employment contracts
  - employment equity plan
  - health and safety records
  - IRP5 and IT3 certificates
  - letters of employment
  - leave applications
  - maternity leave applications
  - organisational design
  - payroll
  - policies and procedures
  - records of foreign employees
  - recruitment and appointments
  - salary and wage registers
  - salary slips and wage cards
  - scholarship and bursary records
  - staff loan schemes
  - staff records after employment
  - study assistance scheme
  - tax returns of employees
  - time records
  - training and development
  - PAYE and SDL returns
- Miscellaneous
  - records relating to HELIOS or its business which are held by any other party; and
  - records held by HELIOS relating to any other party, including without limitation:
    - correspondence;
    - contractual agreements;
    - records provided by such other party; and
    - records provided by third parties about such other parties

RECORDS THAT ARE AVAILABLE FREE OF REQUEST

No notices have been published by the MINISTER in terms of Section 52(2) of the ACT.

AVAILABILITY OF MANUAL

The MANUAL is available for inspection at the offices of HELIOS free of charge and copies are available with the SAHRC.

PROCEDURE FOR REQUESTS
- To facilitate the processing of a REQUEST, a REQUESTOR must:
  - complete the prescribed Form C which is attached hereto and which is available on the website of the SAHRC at sahrc.org.za;
  - submit together with its completed Form C a copy of its identity document (or the identity document of its directors, members, trustees etc if it is a juristic person) and the applicable fees;
  - address its REQUEST to the Information Officer;
  - provide sufficient details to enable HELIOS to identify:
    - the RECORD(S) requested;
    - the REQUESTER (and if an agent is lodging the REQUEST, proof of capacity);
    - the form of access required;
    - the postal address or fax number of the REQUESTER in the RSA;
    - if the REQUESTER wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof;
    - the right which the REQUESTER is seeking to exercise or protect with an explanation of the reason the RECORD is required to exercise or protect the right.
  - Please note that certain information may be confidential.

FEES

A REQUESTER who seeks access to a RECORD containing personal information about that REQUESTER is not required to pay the REQUEST fees. Any other REQUESTER who is not a personal REQUESTER must pay the required fees.

A REQUESTOR is required to pay the prescribed fees (R50.00) before a REQUEST will be processed. The requester fee of will be refunded should the REQUEST be refused, and “PREPARATION” will have a corresponding meaning;
If the PREPARATION of the RECORD requested requires more than 6 (six) hours to PREPARE, a deposit must be paid before the REQUEST is considered. This deposit will not exceed one third of the access fee which would be payable if the REQUEST were granted.
The REQUESTER may lodge an application with a court against the payment of the REQUEST fee and/or deposit in terms of Section 54(3)(b) of the ACT.
If the REQUEST is granted then a further access fee must be paid for the PREPARATION or any time that has exceeded the prescribed 6 (six) hours to PREPARE the RECORD for disclosure.
The Information Officer may withhold a RECORD until the REQUESTER has paid the applicable fees or for reasons relating to confidentiality or as set out in Chapter 4 Part 3 of the ACT.
The fee structure set out below. All fees are exclusive of value added tax as set out in the Value Added Tax Act, 89 of 1991.
Fees:
- The REQUEST fee payable by a requester, other than a personal requester (i.e. a person seeking access to RECORDS that contain their personal information), is R50.00.
- The fee for a copy of the manual is R1.10 for every photocopy of an A4-size page or part thereof.
- Other fees:

(a) For every photocopy of an A4-size page or part thereof

R1.10

(b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form

R0.75

R70.00

(d) (i) For a transcription of visual images, for an A4-size page or part thereof

(ii) For a copy of visual images

R40.00

R60.00

(e) (i) For a transcription of an audio RECORD, for an A6-size page or part thereof

(ii) For a copy of an audio RECORD

R20.00

R30.00

(f) To search for and prepare the RECORD for disclosure, for each hour or part of an hour reasonably required for such search and preparation

R30.00

(b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form

R0.75

R70.00

(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

R60.00

(e) (i) For a transcription of an audio RECORD, for an A6-size page or part thereof

(ii) For a copy of an audio RECORD

R20.00

R30.00

The actual postage is payable when a copy of a RECORD must be posted to a REQUESTER.

INFORMATION OR RECORDS NOT FOUND
- If all reasonable steps have been taken to find a RECORD, and such a RECORD cannot be found or if the RECORDS do not exist, then the head of HELIOS or the Information Officer will notify the REQUESTER, by way of an affidavit, that it is not possible to give access to the requested RECORD.
- The affidavit will provide a full account of all the steps taken to locate the RECORD or to determine the existence thereof, including details of all communications by HELIOS or the Information Officer with every person who conducted the search.
- The affidavit provided for in clause 1 will be regarded as a decision to refuse a REQUEST for access to the RECORD concerned for the purposes of the ACT.
- If HELIOS locates the RECORD at a later date, HELIOS will give the REQUESTER access to the RECORD in the manner stipulated by the REQUESTER in the prescribed form unless access is refused by HELIOS or the Information Officer.
- The REQUESTER’S attention is drawn to the provisions of Chapter 4 of Part 3 of the ACT in terms of which HELIOS may refuse, on certain specified grounds, to provide information to a REQUESTER.
INFORMATION REQUESTED ABOUT A THIRD PARTY
- Section 71 of the ACT provides for a REQUEST for information or RECORDS about a third party.
- In considering such a REQUEST, HELIOS will adhere to the provisions of sections 71 to 74 of the ACT and to any other relevant statutory obligations it may have.
- The REQUESTER’S attention is drawn to the provisions of Chapter 5 of Part 3 of the ACT in terms of which HELIOS is obliged, in certain circumstances, to advise third parties of requests lodged in respect of information applicable to or concerning such third parties. In addition, the provisions of Chapter 2 of Part 4 of the ACT entitle third parties to dispute the decisions of HELIOS or the Information Officer by referring the matter to the High Court.

Signed for and on behalf of HELIOS

____________________________ ____________________________

Scott Gaskell Date

FORM C

REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY

(Section 53(1) of the Promotion of Access to Information Act, 2000

(Act No. 2 of 2000)

[Regulation 10]

Particulars of private body

The Head: …………………..………………………………………………..……………………………

Particulars of person requesting access to the record

(a) The particulars of the person who requests access to the record must be given below.

(b) The address and/or fax number in the Republic to which the information is to be sent must be given.

Full names and surname: …………………………………………………………………

Identity number: …………………………………………………………………

Postal address: …………………………………………………………………

Fax number: …………………………………………………………………

Telephone number: …………………………………………………………………

E-mail address: …………………………………………………………………

Capacity in which request is made, when made on behalf of another person:

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: …………………………………………………………………

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.

Description of record or relevant part of the record:

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

Reference number, if available: ………………………………………………………
Any further particulars of record: ………………………………………………………

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 paid 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 for exemption.

Reason for exemption from payment of fees:

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) Compliance with your request in the specified form may depend 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 for 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. If record consists of visual images this includes photographs, slides, video recordings, computer-generated images, sketches, etc)
	view the images	copy of the images*	transcription of the 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* written or printed document
4. If record is held on computer or in an electronic or machine-readable form:
	printed copy of record*	printed copy of information derived from the record*	copy in computer readable form* (stiffy or compact disc)
If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you? Postage is payable.				YES	NO

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 record requested is required for the exercise or protection of the aforementioned right:

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 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 ……………………………. 20……..

…………………..…………………………….

SIGNATURE OF REQUESTER / PERSON ON

WHOSE BEHALF REQUEST IS MADE