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Public Access Information Act

PAIA Manual

INTRODUCTION TO THE NORTH WEST DEVELOPMENT CORPORATION (PTY) LTD.

North West Development Corporation (Pty) Limited (previously operating in terms of Act 6 of 1995) was converted into a private company by way of proclamation published in Extraordinary Provincial Government Gazette No. 5350, dated 3rd February 1999. Since that date, NWDC operates as private company, known as North West Development Corporation (Proprietary) Limited. The Government of the North West is the sole share of the NWDC.

The North West Development Corporation is committed to facilitating and assisting investors in the industry and retail sectors with infrastructure and property related matters, as well as providing advisory services to SMME’s.

NWDC’s Vision is to enhance productive entrepreneurial activities which reflect in investment in the manufacturing and retail sectors, with the ultimate objective of growth in permanent job opportunities in the Province. The major levers that will be applied are: properties and property development, institutional support which will lower the cost of doing business in the North West Province, the conceptualization and facilitation of new large scale business opportunities and mobilization of funding for entrepreneurs.

NWDC’s Mission is to facilitate the achievement of PGDS Goals and objectives through project implementation, property; management, stakeholder support and project conceptualization for funding and establishment in the North West Province.

PARTICULARS IN TERMS OF SECTION 51

CONTACT DETAIL [Section 51 (1) (a)]

The Acting Chief Executive Officer of the NWDC has duly authorized the Marketing and Communications Officer to deal with all matters in connection with requests for Access to Information in terms of promotion of access to information Act, 2 of 2000.

Postal address:
P O Box 3011
MMABATHO
2735

Street address:
22 James Watt Street
Industrial Site
MAFIKENG
2745

Telephone: (018) 381 3663
Facsimile: (018) 381 2041
E-mail: karenp@nwdc.co.za
Web: www.nwdc.co.za

  1. THE GUIDE AS DESCRIBED IN SECTION 10. [Section 51 (1) (b)] The guide will be available from the Human Rights Commission. Please direct any queries to:

    The Human Rights Commission:

    Postal address:
    Private Bag 2700
    HOUGHTON
    2041

    Telephone: +27 11 484 8300
    Facsimile: + 27 11 484 0582
    Website: www.sahrc.org.za

  2. CATEGORIES OF RECORDS OF NWDC WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS IN TERMS OF THE ACT IN TERMS OF SECTION 52 (2).
    [Section 51 (1)(c)] No notice of such records has been made to the Minister.

  3. RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION.
    [Section 51 (1) (d)] Records are kept in accordance with the following legislation:

    • Annual statement – PFMA.
  4. HOW TO REQUEST A RECORD. A DESCRIPTION OF THE SUBJECTS OF THE RECORDS HELD BY NWDC AND THE CATEGORIES IN WHICH THESE SUBJECTS ARE CLASSED.
    [Section 51 (1) (e)]

    4.1 How to request a record [See pro forma request form in Section 9]

    • Section 53 prescribes that the requester must use the prescribed form to make the request for access to a record. This must be made to the head of the private body, or his duly authorized deputy. This request must be made to the address, fax number or electronic mail address of the body concerned.
    • The requester must provide sufficient detail on the request form 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 he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
    • The requester must identify the right that he or she is seeking to exercise or protect 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 a 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.
    • The head of the private body must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request.
    • The fee for private bodies is R50. The requester may lodge an internal appeal or an application to the court against the tender or payment of the request fee.
    • If the request is granted then a further access fee must be paid for reproduction and the search and preparation, and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.
    • The head of the private body will then make a decision on the request and notify the requester in the required form.

    4.2 Categories of records held by NWDC

    4.2.1. Web page and library records

    The web page is accessible to anyone who has access to the internet. NWDC`s website has the following categories:

    • About Us
    • CEO Message
    • Structure
    • Board of Directors
    • Hierarchy
    • History
    • Vision / Mission
    • Social Responsibilities
    • News
    • Current Affairs
    • Articles
    • Newsletter
    • Latest News
    • Tenders
    • No Tenders Available
    • Forms
    • Vendor Form
    • Offer to Rent
    • Public Access Information Act
    • PAIA Manual
    • Application Forms

    NOTE: Automatic access to certain sections of the website may be limited.

    Library
    The SAICA Library consists of a collection of works on various accounting and auditing issues. The material designation of the Library is books and journals.

    Persons wishing to make use of the facilities may do so. Any costs that are incurred will be for the account of the user.

    4.2.2. Other records

    • Operational information
      This information can be defined as information needed in the day-to-day running of the organization and is generally of little to no use to persons outside the organization. (Examples of such information are: requisitions, internal telephone lists, address lists, company policies, directives, contracts, employee records and general “house-keeping” information).
    • Communication
    • Circulars
    • Membership files
    • Disciplinary files
    • Examination Script
      In terms of the examination regulations, these are only maintained for 180 days after the release of the results.
    • Trainee accountant records
    • Training offices files
    • SAICA database (electronic)
    • Committee minutes
      Incorporation documents of SAICA i.e. Constitution and By-laws
      Financial records, including accounting records and auditor’s report
  5. OTHER INFORMATION AS MAY BE PRESCRIBED [Section 51(1)(f)] Not applicable.

  6. AVAILABILITY OF THE MANUAL. [Section 51(1)(3)
    This manual is available from the South African Human Rights Commission (see details above), NWDC (see details above), and in electronic format at NWDC.

  7. FEES IN RESPECT OF PRIVATE BODIES

    1. 7.1 The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of A4-size page or part thereof.2.

    2. 7.2 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. Flash Drive
        2. Compact disc
          R7,50
          R70,00
        1. (i) For a transcription of visual images,
        2. (ii) For an A4-size page or part thereof
        3. (iii) For a copy of visual images R40,00
        1. (i) For a transcription of an audio record, For an A4-size page or part thereof
        2. (ii) For a copy of an audio records
          R60,00
          R20,00
    3. 7.3 The request fee payable by a requester, other then a personal requester, referred to in regulation 11(2) is R50,00.

    4. 7.4 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 –
        1. Stiffy disc
        2. Compact disc
          R7,50
          R70,00
        1. For a transcription of visual images, For an A4-size page or part thereof
        2. For a copy of visual images
          R40,00
          60, 00
        1. For transcription of an audio records, For an A4-size page or part thereof
          R20,00
        2. For a copy of an audio record for disclosure, R 30, 00 for each hour or part of an hour reasonably required for such search and preparation.
    5. 7.4.2. 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 requester.
    6. 7.4.3. The actual postage is payable when a copy of a record must be posted to a requester.

  8. PRESCRIBED REQUEST FORM
    REQUESTER 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]

    1. 8.1 Particulars of private body
      The Head: Details + fax number and contact details

    2. 8.2 Particulars of person requesting access to the record

      1. The particulars of the person who requests access to the record must be given below.
      2. The address and/or fax number in the Republic to which the information is to be sent must be given.
      3. Proof of the capacity in which the request is made, if applicable, must be attached.Full names and 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:

    3. 8.3 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:

    4. 8.4 Particulars of record

      1. 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.
      2. If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios1.

        1. Description of records or relevant part of the record:
        2. Reference number, if available:
        3. Any further particulars of record:
    5. 8.5 Fees

      1. A request for access to a record, other than record containing personal information about yourself, will be processed only after a request fee has been paid.
      2. You will be notified of the amount required to be paid as the request fee.
      3. 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.
      4. If you qualify for exemption of the payment of any fee, please state the reason for exemption.
        Reason for exemption from payment of fees:
       
       
       
       
       
       
       
       
       
       
       
       
       
       
    6. 8.6 Form of access to records

      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 the record consists of visual images

        View the images Copy of the images* Transcription of the images*
             
      3. If the record consists of recorded words or information which can be reproduced in sound:

        Listen to the sound track (audio cassette) Transcription of soundtrack*(written or printed document)
      4. If the record is held on computer or in an electronic or machine-readable form:

        Printed copy of record* printed copy of informationderived 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
    7. 8.7 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 requester 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.
    8. 8.8 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 REQUESTER/ PERSON ON WHOSE BEHALF REQUEST IS MADE




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