Centrally placed between Durban CBD and Umhlanga

INTRODUCTION

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:

LIST OF RECORDS AND INFORMATION

All requests in terms of the Act must be addressed to:

HONEYCOMB GUEST HOUSE
PHYSICAL ADDRESS
47 Northway
Durban North
4051

POSTAL ADDRESS
47 Northway
Durban North
4051

OTHER
Telephone: (031 563 8806
Facsimile: (031) 563 3329
Electronic mail: talk2us@honeycombhouse.com

WHO MAY REQUEST INFORMATION OR RECORDS IN TERMS OF THE ACT

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 Request Fees).
Requesters have been classified into four categories:
• A Personal Requester: - requests personal information about himself/herself.
• A Representative Requester: - requests information on behalf of someone else.
• A Third Party Requester: - requests personal information of another person.
• A Public Body: - requests information in the public interest.

REQUEST PROCEDURE

6.1 Completion of Form C

Any request for information in terms of this Act must be contained in Form C. (See Form C). This formality is prescribed by the Act.
Form C must be completed in full and returned to Honeycomb Guest House 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.
Honeycomb Guest House will not consider a request unless it is contained in Form C. Honeycomb Guest House 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.

REQUEST FEES
Section 54 in 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 displayed below.
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.

1. ACCESS FEES FOR REPRODUCTION
1.1 For every photocopy of an A4-size page or part thereof R1.10
1.2 For every photocopy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form R0.75
1.3 For a copy in a computer-readable form on stiffy disc R7.50
1.4 For a copy in a computer-readable form on compact disc R70.00
1.5 For a transcription of visual images for an A4-size page or part thereof R40.00
1.6 For a copy of visual images R60.00
1.7 For a transcription of an audio record for an A4-size page or part thereof R20.00
1.8 For a copy of an audio record R30.00

2. ACCESS FEE FOR TIME SPENT
2.1 The time reasonably required to search for the record for disclosure and preparation R150.00/hr with a minumim 1 hr fee charge.

3. REQUEST FEE
3.1 For a request for access to a record by a person other than a personal requestor R150.00

4. DEPOSIT
4.1 No deposits will be accepted - all amounts to be paid in advance.

5. POSTAL FEE
5.1 5.1 When a copy of a record must be posted to the requestor R50.00

6. APPEAL FEES
6.1 For lodging an internal appeal by a requester against the refusal of his/her request for access to a record R50.00

7. VAT
7.1 Private bodies registered under the Value Added Tax Act, 1991 may add VAT to all the above-mentioned fees

GRANTING OR REFUSAL OF REQUESTS
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:
• Mandatory protection of the privacy of a third party who is a natural person [section 63]
• Mandatory protection of commercial information of a third party [section 64]
• Mandatory protection of certain confidential information of a third party [section 65]
• Mandatory protection of safety of individuals and protection of property [section 66]
• Mandatory protection of records privileged from production in legal proceedings [section 67]
• Commercial information of the private body [section 68]
• Mandatory protection of research information of third party and of the private body [section 69].
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 Vodacom Customer Care 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.

APPEAL
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 Honeycomb Guest House's decision must therefore approach a court of law.
The Human Rights Commission's Guide might contain information on appeal procedures. It is expected that the mentioned Guide will be published on 15 August 2003.

THE HUMAN RIGHTS COMMISION GUIDE
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. This Guide has to be published on 15 August 2003.

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

DESCRIPTION OF SUBJECTS AND CATEGORIES OF INFORMATION ON WHICH THE AFOREMENTIONED COMPANY HOLD RECORDS - section 51(e)

BOOKING RECORDS

PERSONAL DETAILS

FINANCIAL RECORDS

AUDIT INFORMATION

ASSETS INFORMATION

MARKETING RECORDS

REGULATORY RECORDS

 

47 NORTHWAY - DURBAN NORTH - KWAZULU NATAL - SOUTH AFRICA
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