Luxury Hotels International South Africa (Pty) Ltd

ACCESS TO INFORMATION MANUAL

This Manual has been prepared in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000, as amended from time to time (“Act”)

The aim of the Manual is to assist potential requesters in requesting access to information (documents or records) from Luxury Hotels International South Africa (Pty) Ltd (“company”) as contemplated under the Act.

The Manual may be amended from time to time as soon as any amendments have been effected, the latest version of the Manual will be published and distributed in accordance with the Act.

1. Contact details required in terms of section 51(1)(a) of the ActM

Contact person (Head of Private Body): TBC

POSTAL ADDRESS:
P O Box 75
Sea Point
8060

PHYSICAL ADDRESS:
2nd/3rd Floor
Protea Hotels Sea Point
Corner Main and Arthur’s roads
Sea Point
8005

TELEPHONE NUMBER: +27 21 430 5000
FACSIMILE NUMBER: +27 21 430 5333
WEBSITE ADDRESS: www.proteahotels.com

2. The Guide in terms of section 10 of the Act as required by section 51(1)(b)

The South African Human Rights Commission has, in terms of section 10 of the Act, prepared a guide on how to use the Act. To gain access to the South African Human Rights Commission’s guide to the Act, browse using an Internet web browser to https://www.sahrc.org.za/paia.htm

Alternatively call the Human Rights Advice Line on 086 012 0120 or address all queries to –

The South African Human Rights Commission:
PAIA Unit
The Research and Documentation Department

Postal address:
Private Bag 2700
Houghton
2041
Telephone: +27 11 484-8300
Fax: +27 11 484-0582
Website:  www.sahrc.org.za
E-mail: PAIA@sahrc.org.za

3. Notice in terms of Section 51(1)(c) of the Act

Section 52 of the Act allows for the Minister of Justice and Constitutional Development to publish from time to time notices in the Government Gazette of any descriptions of categories of records of a particular private body that are freely available without having to make a request in terms of the Act for those records.  At this stage no Notice(s) has/have been published in this regard.

4. Records available in terms of other Legislation as required by section 51(1)(d) of the Act, if and where applicable:

  • Labour Relations Act 66 of 1995
  • Employment Equity Act 55 of 1998
  • Basic Conditions of Employment Act 75 of 1997
  • Compensation for Occupational Injuries and Diseases Act 130 of 1993
  • Companies Act 63 of 1973 and Companies Act 71 of 2008
  • Unemployment Insurance Act 63 of 2001
  • Value Added Tax Act 89 of 1991
  • Income Tax Act 58 of 1962
  • Skills Development Act 9 of 1999

5. Subjects and Categories of Records held by the Company as required by section 51(1)(e), availability to be determined upon receipt of request:

Human Resources:

  • Staff recruitment policies
  • Employment contracts
  • Remuneration records and policies
  • Company tax submissions in respect of employees
  • Confidentiality agreements
  • Disciplinary records
  • Equity plans
  • Medical aid records
  • Training policies

Marketing and Sales:

  • Group sales and marketing records

Finances:

  • Annual financial statements
  • Stock records
  • Asset inventory
  • Tax returns
  • All statutory compliances in respect of tax
  • Banking Records
  • Rental Agreements
  • Invoices

Intellectual Property:

  • Trademarks, trade names and protected names
  • Agreements pertaining to intellectual property

Companies Act Records:

  • Documents of Incorporation
  • Memorandum of Incorporation
  • Minutes of Board and director meetings
  • Records relating to the appointment of directors /auditors/secretary/public officer and other officers
  • Share Register and other statutory registers

Form of request:

  • The requester must use the attached Form C to make the request for access to a record. This must be made to the head of the private body as listed above. This request must be made to the address or fax number.
  • The requester must provide sufficient detail on the request Form C to enable the head of the private body to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed.
  • The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right.
  • If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body.

Fees:

  • A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee being R50 in terms of Regulation 11(2).
  • The forms and fee structure prescribed under the Act are available from the Government Gazette, or at the website of the Department of Justice and Constitutional Development (www.doj.gov.za), under the ‘regulations’ section as well as the South African Human Rights Commission website (www.sahrc.org.za).
  • The fee for a copy of this 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:

  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 – stiffy disc: R7.50; compact disc: R70;
  4. For a transcription of visual images, for an A4-size page or part thereof: R40;
  5. For a copy of visual images: R60;
  6. For a transcription of an audio record, for an A4-size page or part thereof: R20;
  7. For a copy of an audio record: R30;

The access fees payable by a requester 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 – stiffy disc: R7.50; compact disc: R70;
  4. For a transcription of visual images, for an A4-size page or part thereof: R40;
  5. For a copy of visual images: R60;
  6. For a transcription of an audio record, for an A4-size page or part thereof: R20;
  7. For a copy of an audio record: R30;

 

  • To search for and prepare the record for disclosure: R30 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:

  1. Six hours as the hours to be exceeded before a deposit is payable; and one third of the access fee is payable as a deposit by the requester.
  2. The actual postage is payable when a copy of a record must be posted to a requester.

6. Availability of this manual under section 51(3) of the Act

Further copies of this manual, as updated, can be obtained and inspected at the offices of the Company at the address listed in paragraph 1 above.
This manual can also be accessed on the website of the South African Human Rights Council and the Company.