Prepared in accordance with Section 51 of the Promotion of Access to Information Act, No. 2 of 2000 for Technofresh (Pty) Ltd 2001/014242/07. This Manual applies to Technofresh (Pty) Ltd , its subsidiaries and their divisions, (Hereafter collectively referred to as "Technofresh").
The Promotion of Access to Information Act, No 2 of 2000 ("the Act") gives effect to the constitutional right of access to any information and/or records held by public or private bodies that is required for the exercise or protection of any rights. The Act sets out the requisite procedural issues attached to such request, the requirements which such request must meet as well as the grounds for refusal or partial refusal of such request.
This manual informs requesters of procedural and other requirements which a request must meet as prescribed by the Act.
The Act recognises that the right to access to information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:
and in a manner which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.
All requests for access to records in terms of the Act for Technofresh must be in writing and must be addressed to the Chief Operating Officer (Information Officer for purposes of this manual), at the contact details below:
PO Box 19451
Tecoma
East London
5241
2nd Floor
Infinity Place
10 St Helena Drive
Beacon Bay
East London
5241
043 721 1123
086 624 7953
The Human Rights Commission has compiled a guide in terms of section 10 of the Act. The guide contains information in an easily comprehensible form and nature as may be reasonably required by a person who wishes to exercise any right contemplated in the Act. The regulations were published in the Government Gazette on 15 February 2002 (Notice No. R187).
The guide is available from the South African Human Rights Commission.
Please direct any queries to:
PAIA Unit
The Research and Documentation Department
Private Bag 2700
Houghton
2041
+27 11 484 8300
+27 11 484 0582
This clause serves as a reference to the records that Technofresh holds. It is recorded that the accessibility of the documents listed herein below, may be subject to the grounds of refusal set out hereinafter. The information is classified and grouped according to records relating to the following subjects and categories:
"Employees" refers to any person who works for, or provides services to or on behalf of Technofresh, and receives or is entitled to receive remuneration and any other person who assists in carrying out or conducting the business of Technofresh. This includes, without limitation, directors (executive and non-executive), all permanent, temporary and part-time staff, as well as contract workers.
A "customer" refers to any natural or juristic entity that receives product or services from Technofresh.
These records include, but are not limited to, the records which pertain to Technofresh’s own affairs.
The main grounds for Technofresh to refuse a request for information relates to the -
Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused.
Technofresh does not have internal appeal procedures. As such, the decision made by the Information Officer is final, and requestors will have to exercise such external remedies at their disposal if the request for information is refused, and the requestor is not satisfied with the answer supplied by the Information Officer.
Subject to the provisions of the Act, a requestor that is dissatisfied with an Information Officer’s refusal to disclose information, may within 180 days of notification of the decision, apply to a Court for relief. Likewise, a third party dissatisfied with an Information Officer’s decision to grant a request for information, may within 180 days of notification of the decision, apply to a Court with appropriate jurisdiction for relief.
The following procedural requirements serve as guideline for requesters and the requester must comply with all the procedural requirements contained in the Act relating to the request for access to a record. The requester must complete the prescribed form enclosed herewith (Appendix 1) and submit same as well as payment of a request fee and a deposit, if applicable, to the Information Officer at the postal or physical address, fax number or electronic mail address as stated in paragraph 2 above.
The prescribed from must be filled in with enough particularity to at least enable the Information Officer to identify –
The requester must state the nature of the right for which access to the requested records is required. The courts have indicated that access to the records must be “necessary” for the exercise or protection of the right so stated. Subject to the provisions in the Act in respect of extensions, Technofresh will process the request within 30 days, unless the requestor has stated special reasons which would satisfy the Information Officer that circumstances dictate that the above time periods not be complied with. The requester shall be informed in writing whether access has been granted or denied. If, in addition, the requester requires the reasons for the decision in any other manner, he must state the manner and the particulars so required. If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requester is making the request to the reasonable satisfaction of the Information Officer. If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally. The requester must pay the prescribed fee, before any further processing can take place.
Records held by Technofresh may be accessed by requests only once the prerequisite requirements for access have been met. A requester is any person making a request for access to a record of Technofresh. There are two types of requesters:
A personal requester is a requester who is seeking access to a record containing personal information about the requester. Subject to the provisions of the Act and applicable law, Technofresh will provide the requested information, or give access to any record with regard to the requester's personal information. The prescribed fee for reproduction of the information requested will be charged.
This requester (other than a personal requester) is entitled to request access to information on third parties. However, Technofresh is not obliged to grant access. The requester must fulfil the prerequisite requirements for access in terms of the Act, including the payment of a request and access fee.
The Act provides for two types of fees, namely:
When the request is received by the Information Officer, such officer shall by notice require the requester, other than a personal requester, to pay the prescribed request fee (if any), before further processing of the request. If the search for the record has been made and the preparation of the record for disclosure, including arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, the information officer shall notify the requester to pay as a deposit the prescribed portion of the Access fee which would be payable if the request is granted. The Information Officer shall withhold a record until the requester has paid the fees as indicated in Appendix 2. A requester whose request for access to a record has been granted, must pay an access fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure including making arrangements to make it available in the request form. If a deposit has been paid in respect of a request for access, which is refused, then the Information Officer concerned must repay the deposit to the requester.
The Company will, within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect. The 30 day period with which Technofresh has to decide whether to grant or refuse the request, may be extended for a further period of not more than thirty days if the request is for a large number of information, or the request requires a search for information held at another office of Technofresh and the information cannot reasonably be obtained within the original 30 day period. The Company will notify the requester in writing should an extension be sought.
A table of legislation setting out a description of the records of Technofresh which are available in accordance with other legislation is annexed hereto marked "Appendix 3".
This manual is made available in terms of Regulation Number R. 187 of 15 February 2002. The manual is available on the following websites
This manual was approved on 14th December 2011.
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