Incorporating
A.B.C PARTNERSHIP - Co. Reg. No.1968/614478/07
AUTOCOTE (PTY) LTD - Co. Reg. No.1975/000295/07
BORDER NEWS (PTY) LTD - Co. Reg. No.1966/002394/07
BORDER REGISTRARS (PTY) LTD - Co. Reg. No.1961/000479/07
CHOICE DECISIONS (PTY) LTD - Co. Reg. No.2000/025191/07
CO-PROPS 154 (PTY) LTD - Co. Reg. No.1997/017094/07
DK'S SUPERETTE (PTY) LTD - Co. Reg. No.1980/010443/07
DP ALUMINIUM PRODUCTS (PTY) LTD - Co. Reg. No.1979/002536/07
ENSPA TRADING COMPANY (PTY) LTD - Co. Reg. No.1990/060003/07
HAWKES HEAD PROPERTIES (PTY) LTD - Co. Reg. No.1980/010047/07
HENSBURG BROTHERS (PTY) LTD - Co. Reg. No.1966/006325/07
JK INGLIS (PTY) LTD - Co. Reg. No.1965/060028/07
KEI CASH AND CARRY (PTY) LTD - Co. Reg. No.1976/601967/07
LIGITPROPS 90 (PTY) LTD - Co. Reg. No.1998/000832/07
MAJOR SQUARE (PTY) LTD - Co. Reg. No.1970/012098/07
MNYANDE AND SPARGS WHOLESALE SUPERMARKET - Co. Reg. No.1989/060301/07
NAUDES TIMBERS (PTY) LTD - Co. Reg. No.1951/003972/07
RNE FINANCIAL SERVICES (PTY) LTD - Co. Reg. No.1978/060186/07
RNE HOLDING MAIZE (PTY) LTD - Co. Reg. No.1973/609937/07
RNE HOLDINGS (PTY) LTD - Co. Reg. No.1968/614478/07
RNE HOLDINGS ADMINISTRATORS (PTY) LTD - Co. Reg. No.1973/609936/07
RNE HOLDINGS BUTTERWORTH (PTY) LTD - Co. Reg. No.1968/615186/07
RNE HOLDINGS IDUTYWA (PTY) LTD - Co. Reg. No.1972/611765/07
RNE HOLDINGS MOUNT FRERE (PTY) LTD - Co. Reg. No.1968/615151/07
RNE HOLDINGS QUMBU (PTY) LTD - Co. Reg. No.1968/615083/07
RNE HOLDINGS SOFTS (PTY) LTD - Co. Reg. No.1973/609993/07
RNE HOLDINGS UMTATA (PTY) LTD - Co. Reg. No.1968/615177/07
S.Q. ESTATES (PTY) LTD - Co. Reg. No.1984/007557/07
SCHACRAMAR FLATS (PTY) LTD - Co. Reg. No.1972/014200/07
SPARG AND PARRY (PTY) LTD - Co. Reg. No.1963/060018/07
SPARGS PROPS ERF 176/177 – IDUTYWA (PTY) LTD - Co. Reg. No.1998/002286/07
SPARGS PROPS ERF 2028 – S & P (PTY) LTD - Co. Reg. No.1998/002080/07
SPARGS PROPS ERF 2058 – USM (PTY) LTD - Co. Reg. No.1998/002076/07
SPARGS PROPS ERF 2059 – W/SALE (PTY) LTD - Co. Reg. No.1998/002084/07
SPARGS PROPS ERF 2177 – KCC (PTY) LTD - Co. Reg. No.1966/002394/07
SPARGS PROPS ERF 32/33 – QUMBU (PTY) LTD - Co. Reg. No.1998/002224/07
SPARGS PROPS ERF 358 – MT FRERE (PTY) LTD - Co. Reg. No.1998/002290/07
SPARGS PROPS ERF 506 – SPENCES (PTY) LTD - Co. Reg. No.1998/002559/07
SPARGS PROPS ERF 6254 – BWTH (PTY) LTD - Co. Reg. No.1998/002561/07
SPARGS WHOLESALE (PTY) LTD - Co. Reg. No.1950/639703/07
SPENCER RETREADING WORKS (PTY) LTD - Co. Reg. No.1960/060025/07
SPENG TRADING COMPANY - Co. Reg. No.1992/060132/07
TRANS AFRICAN + OVERSEAS - Co. Reg. No.1946/023435/07
PROMOTION OF ACCESS TO INFORMATION MANUAL PREPARED
IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO
INFORMATION ACT, 2 OF 2002
MAY 2021
Spargs Group operates as a chain of self-service supermarkets selling a wide range of foods and household goods.
2.1 This manual is intended to assist a Requester regarding the procedures to follow in order to request access to information to which the Requester may be entitled in terms of the Act.
2.2 For the purposes of this manual, unless the context indicates the contrary:
2.2.1 "Access Fee" means a variable fee prescribed for the purposes of section 54(6) of the Act and set out in the schedule attached marked "A";
2.2.2 "the Act" means the Promotion of Access to Information Act, 2 of 2002, as amended and replaced from time to time;
2.2.3 "Head" means the head of the Private Body as defined in section 1 of the Act;
2.2.4 "Personal Requester" means a Requester requesting access to a record containing personal information relating to the Requester;
2.2.5 "Private Body" means Spargs Group (including all incorporated companies)
2.2.6 "Requester" means a person making a request in terms of the Act for access to information held by the Private Body, or any person acting on behalf of such a person;
2.2.7 "Request Fee" means a fixed fee payable by a Requester (other than a Personal Requester) in terms of section 54(1) of the Act, set out in "A";
2.2.8 "SAHRC" means the South African Human Rights Commission.
2.2.9 This manual supercedes and replaces all prior manuals prepared by the Private Body in terms of section 51 of the Act.
3. PRIVATE BODY'S CONTACT DETAILS
3.1 Head of the Private Body: Dylan Leigh Schemel
3.2 Private Body's postal address: P.O.Box 2140. Beacon Bay, 5205
3.3 Private Body's physical address: No. 18a, Major Square, Beacon Bay, 5241
3.4 Contact person appointed to deal with requests: Deon Keith Kretschmer
3.5 Contact person's telephone number: 043 - 7117500
3.6 Contact person's fax number: 043 - 7483690
3.7 Contact person's email address: popi@spargs.co.za
4. GUIDE PUBLISHED BY SAHRC
4.1 The SAHRC has compiled a guide in terms of section 10 of the Act, which guide contains certain information that may be relevant to a Requester who wishes to exercise any right contemplated in the Act.
4.2 The guide is available for inspection inter alia at the offices of the SAHRC, 29 Princess of Wales Terrace, corner York and St Andrews Street, Parktown, and on its website at
www.sahrc.org.za
The ACT grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.
Requests in terms of the ACT shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 6 and 7 of the Act.
Requesters are referred to the Guide in terms of Section 10 which has been compiled by the South African Human Rights Commission, which will contain information for the purposes of exercising Constitutional Rights. The Guide is available from the SAHRC.
The contact details of the Commission are:
Postal Address: Private Bag 2700, Houghton, 2041
Telephone Number: +27-11-877 3600
Fax Number: +27-11-403 0625
Website:
www.sahrc.org.za
Where required to do so, the Private Body keeps records of information to the extent required by the following legislation:
6.1 Income Tax Act 58 of 1962;
6.2 Insolvency Act 24 of 1936;
6.3 Companies Act 71 of 2008;
6.4 Value-Added-Tax Act 89 of 1991;
6.5 Occupational Health and Safety Act 85 of 1993;
6.6 Compensation for Occupational Injuries and Diseases Act 130 of 1993;
6.7 Labour Relations Act 66 of 1995;
6.8 Basic Conditions of Employment Act 75 of 1997;
6.9 Employment Equity Act 55 of 1998;
6.10 Skills Development Act 97 of 1998;
6.11 Medical Schemes Act 131 of 1998;
6.12 Skills Development Levies Act 9 of 1998;
6.13 Unemployment Insurance Act 63 of 2001;
6.14 Copyright Act 98 of 1978;
6.15 Financial Intelligence Centre Act 38 of 2001.
7.1 To assist a Requester to determine the records or information to which it requires access, the Private Body has classified and grouped its records and information as contained in this paragraph.
7.2 Please note that a Requester is not automatically allowed to access these records. Access may be refused in accordance with the provisions of sections 63 to 69 of the Act.
8.1 Private Body's administration policies and procedures;
8.2 minute books;
8.3 asset register;
8.4 information technology systems and user manuals;
8.5 provident fund information;
8.6 board resolutions;
8.7 powers of attorney;
8.8 records relating to the Competition Act.
9.1 title deeds;
9.2 trademark registrations;
9.3 software licences;
9.4 permits;
9.5 lease agreements.
10.1 employee records;
10.2 contracts of employment;
10.3 recruitment records;
10.4 training records, manuals, materials and reports;
10.5 employment equity records and reports;
10.6 disciplinary records;
10.7 fringe benefit records;
10.8 payroll records;
10.9 UIF returns;
10.10 leave, sick leave, maternity and special leave records;
10.11 Medical aid records;
10.12 Counselling documents;
10.13 Litigation, mediation and arbitration records;
10.14 CCMA records.
11.1 banking details;
11.2 VAT returns;
11.3 PAYE returns;
11.4 income tax returns;
11.5 annual reports;
11.6 annual audited financial statements;
11.7 insurance policies;
11.8 tax files and related records;
11.9 accounting records;
11.10 contact details of internal and external auditors;
11.11 debtors and creditors information.
12.1 newsletters;
12.2 internet;
12.3 marketing pamphlets and brochures.
13.1 trust deeds;
13.2 letters of authority;
13.3 agency agreements;
13.4 rental agreements;
13.5 supply and purchase agreements;
13.6 service contracts.
14.1 customer details;
14.2 credit information;
14.3 information and records provided by third parties.
15.1 As at the date of this manual, no notices have been published in terms of section 52(2) of the Act entitling a Requester to access any information or records of the Private Body without following the requirements of the Act.
16.1 Please note that this paragraph is a guideline only. When requesting access to the Private Body's records, the Requester must comply with all the procedural requirements contained in the Act relating to the request for such access.
16.2 The Requester must complete
Form C
attached to this manual marked "B" and submit the completed Form "C" to the contact person specified in paragraph 3, at the address, fax number or email address reflected in
paragraph 3 of this manual.
16.3 The Requester must provide sufficient detail on Form "C" to enable the contact person to identify:
16.3.1 the Requester;
16.3.2 the record/s requested;
16.3.3 the form of access required by the Requester, if the request is granted; and
16.3.4 the Requester's postal address and/or fax number.
16.4 The Requester must clearly indicate:
16.4.1 that the Requester requires the requested information in order to exercise or protect a right;
16.4.2 the nature of the right which the Requester is seeking to exercise or protect; and
16.4.3 why the requested record is necessary to exercise or protect such right.
16.5 If the request for access is being made on behalf of another person, the Requester must submit proof of the capacity in which the Requester is making the request, to the reasonable satisfaction of the Head.
16.6 Before processing a request, the Head must notify the Requester (excluding a Personal Requester) of the Request Fee payable in order to process the request. A request will not be processed until the Request Fee is paid.
16.7 If the Private Body has searched for the requested records and in the opinion of the Head, the preparation of the records for disclosure, including arrangements to make the records available to the Requester in the requested form, requires more than the hours prescribed in the Act for this purpose, the Head shall notify the Requester (other than a Personal Requester) to pay as a deposit an amount not exceeding one third of the Access Fee which would be payable if the request is granted.
16.8 When the Head has made a decision, the Head shall advise the Requester in writing whether or not the request for access to the records of the Private Body has been granted.
16.9 If the request for access is granted, the Requester must pay an Access Fee in respect of the search, reproduction and preparation of the records requested.
16.10 The Head may withhold access to the requested records of the Private Body until the applicable
fees
have been paid.
16.11 If a deposit has been paid in respect of a request for access to the Private Body's records which has been refused, the deposit shall be refunded to the Requester.
This manual is available:
17.1 at the offices of the Private Body during office hours on request and at no charge; or
17.2 from the SAHRC.
FEES
REPRODUCTION FEES
In terms of section 52 of the Act, the head of a private body may, on a voluntary and periodic basis, submit to the Minister of Justice a description of the categories of records of the private body concerned that are automatically available without a person having to request access thereto in terms of the Act.
If the private body has voluntarily provided the Minister of Justice with a list of categories of records that will automatically be made available to any person requesting access thereto, the only charge that may be levied for obtaining such records, will be a fee for reproduction of the record in question. The applicable fees for reproduction referred to above are set out below.
• For every photocopy of an A4-size page or part thereof
R 1,10
• For every printed copy of A4-size page or part thereof held on a computer or in electronic or machine readable form
R 0,75c
• For a copy in a computer-readable form on
◦ Stiffy disc
R 7,50
◦ Compact disc
R 70,00
• A transcription of visual images, for A4-size page or part thereof
R 40,00
• For a copy of visual images
R 60,00
• A transcription of an audio record, for A4-size page or part thereof
R 20,00
• For a copy of an audio record
R 30,00
REQUEST FEES
Where a requester submits a request for access to information held by the group in respect of a person other than the requester himself, a request fee in the amount of R50,00 is payable up-front before the group will further process such request.
An access fee is payable in all instances where a request for access to information is granted, except in those instances where payment of an access fee is specially excluded in terms of the Act or an exclusion is determined by the Minister in terms of section 54(8). The applicable access fees which are payable are set out below.
• For every photocopy of an A4-size page or part thereof
R 1,10
• For every printed copy of A4-size page or part thereof held on a computer or in electronic or machine readable form
R 0,75c
• For a copy in a computer-readable form on
◦ Stiffy disc
R 7,50
◦ Compact disc
R 70,00
• A transcription of visual images, for A4-size page or part thereof
R 40,00
• A transcription of an audio record, for A4-size page or part thereof
R 20,00
• For a copy of visual images
R 60,00
• For a copy of an audio record
R 30,00
• To search for a record that must be disclosed (per hour or part of an hour reasonably required for such search)
• Where a copy of a record needs to be posted the actual postal fee is payable
If the group receives a request for access to information held in respect of a person other than the requester himself and the Chairperson or Information Officer, upon receipt of such request, is of the opinion that the preparation of the requested record for will take more than six hours, a deposit is payable by the requester.
The amount of the deposit shall not exceed one third of the amount of the applicable access fee.
Value-added tax shall be added to all fees prescribed in terms of the regulations to the Act.
"B" - Form C