+27 11 571 4939       businessdevelopment@crossroads.co.za


LEGAL INFORMATION
ACCESS TO INFORMATION

CROSSROADS DISTRIBUTION PROPRIETARY LIMITED
REGISTRATION NUMBER 2003/014576/07
MANUAL IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Contents
  • Contact details [Section 51(1)(a)]
  • The section 10 Guide on how to use the Act [Section 51(1)(b)]
  • Records kept by Crossroads Distribution (Pty) Ltd in terms of other legislation [Section 51(1)(d)]
  • Subject and Categories of records held by Crossroads Distribution (Pty) Ltd [Section 51(e)]
  • Crossroads Distribution (Pty)Ltd records which are available without having to request access in terms of the Act Section 52(2)[Section 51(1)(c)]
  • Availability of the Manual [Section 51(3)]
  • Making a request in terms of the Act
  • Other information
  • MANUAL IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000.
    Head of the Organisation for the purposes of the Act
    Who is the Head of Crossroads Distribution Proprietary Limited?
    Arend Jacobus Du Preez (Managing Director) who has delegated this power for the purposes of day to day compliance with the Act to Pieter Vermeulen, who for the purposes of this brochure will be called the Information Officer
    Postal and Street address of Information Officer
  • PO Box 8841, Edenglen, 1613
  • 118 Setter Road, Commercia Industrial Park, Midrand
    Contact number for Information officer
  • Tel: +27 11 571 4939
    Electronic email address of the Information officer
  • Pieter Vermeulen, Chief Financial Officer, pieterv@crossroads.co.za
    Website
  • http://www.crossroads.co.za
    The South African Human Rights Commission(SAHRC) guide to the Act in terms of section 10(1)[section 51(1)(b)]
    The Promotion of Access to Information Act ("the Act") requires the South African Human Rights Commission to compile a guide in terms of section 10(1) of the Act. This guide is to help people understand the provisions of the Act, its objects and how to make use of the provisions in the Act. To date this guide has not been compiled and the SAHRC believes it will be completed by August 2003. As soon as it is available it will form part of this manual.
    Any queries regarding this guide can be addressed directly to the SAHRC at:
  • The South African Human Rights Commission
  • Private Bag 2700, Houghton, 2041
  • Tel: +27 011 877 3803
  • Fax: +27 011 403 0625
  • Website: www.sahrc.org.za
  • E-mail: PAIA@sahrc.org.za
    Records kept by Crossroads Distribution (Pty) Ltd in terms of legislation [section51(d)]
    Crossroads Distribution (Pty) Ltd is required in terms of certain statutes to keep particular records referred to therein. Crossroads Distribution (Pty) Ltd has the following divisions:
    • Crossroads
    Subject and Categories of records held by Crossroads Distribution[Section 51(e)]
    Crossroads Distribution (Pty) Ltd keeps certain records as a matter of standard practice and on advice of their legal representatives.
    Crossroads Distribution (Pty) Ltd records which are available without having to request access in terms of section 52(2) [Section 51(1)(c)]
    The Company's Web Page (http://www.crossroads.co.za) is accessible to anyone who has access to the Internet. The Company's Web Page has the following categories of information:
    • Home
    • Customers
    • General
    • CSD
    • Contact Us
    • My Profile
    • News
    Availability of the Manual [Section 51(3)]
    This manual is available for inspection at the offices of the Information Officer of Crossroads Distribution (Pty) Ltd. Further copies are available with the SAHRC, will be published in the Government Gazette and on the Crossroads Distribution (Pty) Ltd Website.
    Making a request in terms of the Act
    • The first step in the process is to obtain "Request Form C".
    • You will be able to get the form together with a list of applicable fees from the head office of Crossroads Distribution (Pty) Ltd. These fees must be paid before access to a record will be allowed. You will be informed of the amount of your fees once you have submitted your request. The Minister may exempt certain persons from having to pay the fees referred to in the Act. To date, no such exemptions have been published.
    • Once you have filled in the form you need to submit it.
    • If the record you have requested exists and allowing access to it does not affect a third party, your request will be processed within 30 days.
    • This period may be extended ONCE for a further 30 days if:
    # the request is for a large number of records or requires a search through a large number of records and compliance with the original period would unreasonably interfere with the activities of Crossroads Distribution (Pty) Ltd;
    # the request requires a search for records in, or collection thereof from, an office of Crossroads Distribution (Pty) Ltd not situated in the same town or city as the office of the information officer and this search cannot reasonably be completed within the original 30 days;
    # consultation among divisions of Crossroads Distribution (Pty) Ltd or with another private body is necessary or desirable to decide upon the request and this consultation cannot reasonably be completed within the original period;
    # more than one of the circumstances contemplated in paragraphs 7.5.1, 7.5.2 and 7.5.3 exist in respect of the request making compliance with the original period not reasonably possible; or
    # you, as the requester, consents in writing to such extension
    • There are various grounds upon which your request for access to a record may be refused. They are:
    # The protecting of personal information of a third person (who is a natural person) from unreasonable disclosure;
    # The protecting of commercial information of a third party. (For example trade secrets; financial, commercial, scientific or technical information that may harm the commercial or financial interests of a third party);
    # Refusing access to a record if disclosure would result in the breach of a duty of confidence owed to a third party.
    # Refusing access to a record if it would jeopardise the safety of an individual or prejudice or impair certain property rights of a third person.
    # Refusing access to a record that was produced during legal proceedings, unless that legal privilege has been waived.
    # Refusing access to a record containing trade secrets, financial or sensitive information or any information that would put Crossroads Distribution (Pty) Ltd or its operating divisions at a disadvantage in negotiations or prejudice it in commercial competition.
    # Refusing access to a record containing information about research being carried out or about to be carried out on behalf of a third party or by Crossroads Distribution (Pty) Ltd or its operating divisions.
    • Section 70 of the Act contains an overriding provision. Disclosure is compulsory if it would reveal a substantial contravention of, or failure to comply with the law, or imminent and serious public safety or environmental risk AND the public interest in the disclosure of the record clearly outweighs the harm contemplated by its disclosure.
    • If your request does affect a third party then we will first need to inform the third party within 21 days of us receiving your request. By this we mean that if the record you request affects any third party in any way, that third party will have to be informed that you are requesting access to the above record.
    • The third party then has 21 days to make representations and/or submissions regarding the granting of access to the record.
    • Once the information officer of Crossroads Distribution (Pty) Ltd has heard all the submissions, he will make a decision as to whether or not access to the record will be granted. You must then be granted access to the record within thirty days of being informed of the decision.
    • If the information officer does not grant you access to the record you are entitled to appeal the decision. You must receive proper reasons as to why the request was refused. You need to lodge your appeal in the High Court.
    • If the information officer does decide to grant you access to the record, the third party that has been affected has thirty days in which to appeal the decision - also in the High Court. If no appeal is lodged within 30 days, you must be granted access to the record.
    Other information
    The schedule below outlines the time-periods, which are applicable to this Act. This will enable you to understand the process whereby requests for access to records are considered and the time periods involved.
    SECTION OF THE ACT DESCRIPTION OF ACTIVITY TIME PERIOD
    10 The Guide published by the South African Human Rights Commission to assist in the use of this Act must be published.
    51 Preparation of Company Manual
    56 Information officer to decide whether to grant request for access to record that does not relate to a third party and notify requestor Within 30 days after the request has been received
    57 Information officer to notify third party of an extension of the 30 day time period with reasons for the extension Within 30 days of receiving the request this may only be done once and only for the reasons in this section
    71 Information officer to notify third party of request for access to information that relates to him/her Within 21 days of request for access to record affecting the third party has been received.
    71 Third party to give written consent or written/oral submissions to information officer Within 21 days of being informed by the information officer of the request for access to the record
    73 Information officer to make a decision about the granting of access to a record which relates to a third party and notify third party and requestor 30 days after every third party has been informed of the request
    73 Information officer to give requestor access to the record if a decision has been made to grant access Within 30 days of notifying requestor of the decision to allow access
    74 If access to a record is denied, the requestor has 30 days in which to lodge an application at court to appeal against the refusal 30 days from date of notification by information officer of decision
    74 If access to a record which affects a third party is granted, third party may lodge an application to court to appeal decision of information officer within 30 days Within 30 days of notification by the information officer of the decision
    71 If no appeals lodged by third party, information officer must give access to the record Within 30 days of notification by information officer of third party
    This company strives to be a leader in its industry in all fields, including its practical subscription to the guiding principles in our constitution such as transparency and the free flow of information. Should you have any queries regarding the use of this manual, please do not hesitate to contact the information officer.
    Pieter Vermeulen, Chief Financial Officer, Crossroads Distribution (Pty) Ltd


    Prescribed Fees
    The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof.
    The fees for reproduction referred to in regulation 11(1) are as follows:
  • For every photocopy of an A4-size page or part thereof: R1,10
  • 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
  • For a copy in a computer-readable form on:
       (i) stiffy disc: R7,50
       (ii) compact disc: R70,00
  • For a transcription of visual images,for an A4-size page or part thereof: R40,00
  • For a copy of visual images: R60,00
  • For a transcription of an audio record,for an A4-size page or part thereof: R20,00
  • For a copy of an audio record: R30,00
  • The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R50,00.
  • The access fees payable by a requester referred to in regulation 11(3) are as follows:
  • For every photocopy of an A4-size page or part thereof: R1,10
  • 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
  • For a copy in a computer-readable form on:
       (i) stiffy disc: R7,50
       (ii) compact disc: R70,00
  • For a transcription of visual images,for an A4-size page or part thereof: 40,00
  • For a copy of visual images: R60,00
  • For a transcription of an audio record,for an A4-size page or part thereof: R20,00
  • For a copy of an audio record: R30,00
  • To search for and prepare the record for disclosure, R30,00 for each hour or part of an hour reasonably required for such search and preparation.
  • For purposes of section 54(2) of the Act, the following applies:
    (a) Six hours as the hours to be exceeded before a deposit is payable; and
    (b) one third of the access fee is payable as a deposit by the requester
    The actual postage is payable when a copy of a record must be posted to a requester.



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