Promotion of Access to Information Act


MACS Maritime Carrier Shipping (Pty) Ltd hereinafter referred to as “MACS SA”

A Guide to ACCESSING OUR INFORMATION

Our Manual in terms of Section 51 of the Promotion of Access to Information Act


Table of contents

Preamble
Introduction to this private body
Section A – Our details
Section B – The official guide
Section C – Information available in terms of the Act
Procedure for requesting access
Section D – Information available in terms of other legislation
Section E – Information automatically available
Annexure “A” Request for access to record of private body
Annexure “B” Fees in respect of private bodies


Preamble

The Promotion of Access to Information Act No. 2 of 2000, (“the Act”) came into operation on 23 November 2001 and seeks to advance the values of transparency and accountability. Section 51 of this Act requires that we as a private body compile a manual giving information to the public regarding the procedure to be followed in requesting information from us for the purpose of exercising or protecting rights.

The Act establishes the following statutory rights of requestors to any record of a private body if:

That record is required for the exercise or protection of any of his or her legal rights; That requestor complies with all the procedural requirements; Access is not refused in terms of any ground referred to in the Act.


Introduction to this private body

MACS SA provides services as general agent to multipurpose liner services.

We as a private body have compiled this manual, not only to comply with the provisions of the Act, but also to foster a culture of transparency and accountability in our environment and to ensure that members of the public have effective access to information in our possession which will assist them in the exercise and protection of their rights.

Within this document you will be able to view the categories of information which we possess. You will also be shown the correct procedure to follow should you require access to any of this information.

A copy of this manual is also available on our website: www.macship.com


Section A – Our details

Full Name: MACS Maritime Carrier Shipping (Pty) Ltd
Registration Number: 1981 / 02000 / 07
Registered Address: 
17th Floor Norton Rose House
8 Riebeek Street
Cape Town
8001
Postal Address:
PO Box 3422
Cape Town
8000
Telephone Number: 
 +27 (021) 405-3400
Fax Number:
+27 (021) 405-3500
Managing Director:
Mr F.G.G. Scheder-Bieschin
Designated Information Officer:
Mr Oliver Laubenheimer (FCIS; FCIBM)
Financial Director
Email Address of Information Officer:
oliver.laubenheimer@macship.com
Website: www.macship.com


Section B – The official guide

Section 10 of the Act requires the South African Human Rights Commission (SAHRC) to publish a Guide containing information reasonably required by a person wishing to exercise or protect any right in terms of this Act.

The Guide will contain the following information:

  1. The objects of the Act;
  2. Particulars of the information officer of every public body;
  3. Particulars of every private body as are practicable;
  4. The manner and form of a request for access to information held by a body;
  5. Assistance available from both the information officers and the Human Rights Commission in terms of this Act;
  6. All remedies in law regarding acts, omissions, rights and duties, including how to lodge an internal appeal and a court application;
  7. Schedules of fees to be paid in relation to requests for access to information;
  8. Regulations made in terms of the Act.

Copies of this Guide will be available as soon as it is published by the SAHRC. Enquiries regarding the Guide can be addressed to the SAHRC, the contact details of which are as follows:

Post: 

South African Human Rights Commission
Promotion of Access to Information Act Unit Research and Documentation Department Private Bag 2700
Houghton 2041
Telephone: (011) 484-8300
Fax: (011) 484-0582
Website: www.sahrc.org.za
E-mail: PAIA@sahrc.org.za


Section C – Information available in terms of the Act

Requestors should take note that requests may be refused based on the following grounds, as set out in the Act:

Mandatory protection of privacy of a third party who is a natural person
Mandatory protection of commercial information of a third party
Mandatory protection of certain confidential information of a third party
Mandatory protection of records privileged from production in legal proceedings
Commercial information of the private body
Mandatory protection of research information of a third party and of the private body

Requestors will be informed within 30 days of its decision. Please take note that in terms of the Act this 30-day period maybe extended for a further 30-day period should more time be required to gather the requested information. The requestor will however be notified if the initial 30-day notice period will be extended for a further 30 days.


If a requestor is aggrieved by the refusal of the Information Officer to grant a request for a record, the requestor may, within 30 days of notification of the Information Officer’s decision, apply to court for appropriate relief.


1 a)  Company record classification key

Classification No. Access Classification
1 May be disclosed Public Access Document
2 May not be Disclosed Request after commencement of criminal or civil proceedings [s7]
3 May be disclosed Subject to copyright
4 Limited Disclosure Personal Information that belongs to the requester of that information [s61]
5 May not be disclosed Unreasonable disclosure of personal information of Natural person [s63(1)]
6 May not be Disclosed Likely to harm the commercial or financial interests of third party [s64(a)(b)]
7 May not be Disclosed Likely to harm the Company or third party in contract or other negotiations [s64(c)]
8 May not be Disclosed Would breach a duty of confidence owed to a third party in terms of an Agreement [s65]
9 May not be Disclosed Likely to compromise the safety of individuals or protection of property [s66]
10 May not be Disclosed Legally privileged document [s67]
11 May not be Refused Environmental testing / investigation which reveals public safety / environmental risks [s64(2); s68(2)]
12 May not be Disclosed Commercial information of Private Body [s68]
13 May not be Disclosed Likely to prejudice research and development information of the Company or a third party [s69]
14 May not be Refused Disclosure in public interest [s70]

1 b) Categories of information

We hold the following summary categories of information:


Departmental
Records
Subject Classification
No.
Finance & Personnel
• Audited Financial Statements 12
• Tax Records (Company & Employees) 12
• Asset Register 12
• Management Accounts 12
• Employee Records 4,5,9
• Employee Contracts 4,5
• Accounting Records 12
• Insurance policies / claims 12
Legal • General Contract Documentation 6,12
• Company Guidelines, Policies and Procedures 12
• Statutory and Environmental Records 12
Sales,
Marketing & Commercial
• Market Information 12,13
• Product Brochures 1
• Affreightment Contracts (in capacity of Agent) 6,7,12
• Agency Contracts 6,12
• Performance Records 12
• Marketing and Future Product Strategies 12
• Current Product Information 1,4
• Public Corporate Records 1
• Media Releases 1
Information tech. • Licenses and Agreements 4
• Website information 1


2. Procedure for requesting access to the above information

If you wish to request access to any of the above categories of information, you are required to complete a request form as set out in annexure “A” hereto. These forms are available from:

  • our information officer (whose contact details are in section A of this manual);
  • the SAHRC website (  www.sahrc.org.za )
  • the Department of Justice and Constitutional Development website (www.doj.gov.za).

Please take note that the prescribed access form must be completed in full, failure to do so will result in the process being delayed until such additional information is provided.

There are prescribed fees/deposits (payable in advance) for requesting and accessing information in terms of the Act. Details of these fees are contained in the request form.

You may also be called upon to pay the additional fees prescribed by regulation for searching for and compiling the information which you have requested, including copying charges.

It is important to note that access is not automatic – you must identify the right you are seeking to exercise or protect and explain why the record you request is required for the exercise or protection of that right. You will be notified in the manner indicated by you on the request form whether your request has been approved. Proof of identity is required to authenticate the request and the requestor. Therefore, in addition to the access form, requestors will be required to supply a certified copy of the identification document or any other legal means of identification.


Section D – Information available in terms of other legislation :
Section 51 (1) (d)

Where applicable to our operations, information is also available in terms of certain provisions of the following statutes / we also retain records and documents in terms of the following statutes:

  • Basic Conditions of Employment Act No. 75 of 1997
  • Companies Act No. 61 of 1973
  • Compensation for Occupational Injuries and Diseases Act No. 130 of 1993
  • Competition Act No. 89 of 1998
  • Customs and Excise Act No 91 of 1964
  • Credit Agreements Act 75 of 1980
  • Criminal Procedure Act, Act 51 of 1977
  • Employment Equity Act No. 55 of 1998
  • Electronic Communications and Transactions Act 2 of 2000
  • Financial Intelligence Centre Act No. 38 of 2001
  • Income Tax Act No. 58 of 1962
  • Insolvency Act No 24 of1936 (Section 134 & 155)
  • Labour Relations Act No. 66 of 1995 
  • Magistrates Court Act 32 of 1944
  • Occupational Health & Safety Act No 85 of 1993
  • Promotion to Access of Information Act No2 of 2000
  • Prevention of Organised Crime Act 121 of 1998
  • Regional Service Council Act
  • Skills Development Act No 97 of 1998
  • Skills Development Levies Act 9 of 1999
  • Supreme Court Act 59 of 1959
  • Unemployment Insurance Act No 30 of 1966 (Section 32)
  • Value Added Tax Act, Act nO 89 of 1991 (Section 65)

Although we have used our best endeavours to supply you with a complete list of applicable legislation it is possible that the above list may be incomplete. Wherever it comes to our attention that existing or new legislation allows a requestor access on a basis other than that set out in the Act we shall immediately update the list.

If a requestor believes that a right to access to a record exists in terms of the legislation listed above, or any other legislation, the requestor is required to indicate what legislative right the request is based on, to allow the information officer the opportunity of considering the request in light thereof.


Section E – Information automatically available

The following categories of records are automatically available for inspection, purchase or photocopying. In other words, you do not need to request this information in terms of the Promotion of Access to Information Act.

Request forms for these categories of information are also available from our information officer, whose contact details appear in section A of this manual.

  1. Newsletters.
  2. Booklets.
  3. Pamphlets / Brochures.
  4. Reports.
  5. Posters.
  6. Other literature intended for public viewing.

ANNEXURE "A"

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]

A. Particulars of private body

The Head:

  • __________________________________________
  • __________________________________________
  • __________________________________________

B. 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.
(c) Proof of the capacity in which the request is made, if applicable, must be attached.

Full names & 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
________________________________________________________


C. 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: _______________________________________


D. 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. The requestor must sign all the additional folios.

1. Description of record or relevant part of the record:
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
2. Reference number, if available: _______________________
3. Any further particulars of record: _____________________
________________________________________________________
________________________________________________________
________________________________________________________


E. 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:
________________________________________________________
________________________________________________________
________________________________________________________


F. 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 to 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 requestor must sign all the additional folios.

1. Indicate which right is to be exercised or protected:
________________________________________________________
________________________________________________________

2. Explain why the record requested is required for the exercise or protection of the aforementioned right:
________________________________________________________
________________________________________________________


H. 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 REQUESTOR/PERSON ON W HOSE BEHALF REQUEST IS MADE


ANNEXURE "B"

AN EXPLANATORY NOTE ON FEES TO BE CHARGED BY A PRIVATE BODY WHEN GRANTING A REQUEST FOR ACCESS TO INFORMATION IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000.

The fees chargeable by private bodies are contained in Part III of Annexure “A” of the Regulations. A copy of Part III is attached for your convenience. The present charges are as follows:

  1. Copies of a manual
    Should an individual require a copy of the private body’s manual, a fee of R1,10 is chargeable for every photocopy of an A4 page or part thereof.
  2. Reproduction fees
    Reproduction fees apply to obtaining copies or transcriptions of information which is automatically available from the private body. The fees are listed in paragraph 2 of Part III of Annexure “A” to the Regulations.
  3. Access fees
    Access fees are chargeable for copies or transcriptions of information requested under this Act. The fees are listed in paragraph 4 of Part III of Annexure “A” to the Regulations.
  4. Other fees
    1. A request fee of R50,00 is payable by a requestor who is seeking access to a record containing information which is not personal to the requestor. See paragraph 6 of Part 1 of this Work.
    2. A search fee may be charged at a rate of R30,00 per hour or part thereof for searching and preparing the record for disclosure provided such time was reasonably required for that purpose.
    3. If the request is not limited to records containing information which is personal to the requestor and if the head of the private body is of the opinion that the time taken to give effect to the request will exceed six hours the requestor can be called upon to pay a deposit of not more than one third of an estimate of the access fee which will become payable.
    4. If a copy of a record is posted to a requestor, the requestor is obliged to pay the actual postage payable.

PART III

FEES IN RESPECT OF PRIVATE BODIES

  1. 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.
  2. The fees for reproduction referred to in regulation 11 (1) are as follows:
    1. For every photocopy of an A4-size page or part thereof - R1,10
    2. 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
    3. For a copy in a computer-readable form on—
      1. stiffy disc - R7,50
      2. compact disc - R70,00
      1. For a transcription of visual images, for an A4-size page or part thereof - R40,00
      2. For a copy of visual images - R60,00
      1. For a transcription of an audio record, for an A4-size page or part thereof - R20,00
      2. For a copy of an audio record - R30,00
  3. The request fee payable by a requestor, other than a personal requestor, referred to in regulation 11 (2) is R50,00.
  4. The access fees payable by a requestor referred to in regulation 11 (3) are as follows:
      1. For every photocopy of an A4-size page or part thereof - R1,10
      2. 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
      3. For a copy in a computer-readable form on—
        1. stiffy disc - R7,50
        2. compact disc - R70,00
        1. For a transcription of visual images, for an A4-size page or part thereof - R40,00
        2. For a copy of visual images - R60,00
        1. For a transcription of an audio record, for an A4-size page or part thereof - R20,00
        2. For a copy of an audio record - R30,00
      4. 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.
    1. For purposes of section 54 (2) of the Act, the following applies:
      1. Six hours as the hours to be exceeded before a deposit is payable; and
      2. one third of the access fee is payable as a deposit by the requestor.
    2. The actual postage is payable when a copy of a record must be posted to a requestor.