BOTHNER GROUP HOLDINGS (PTY) LTD
PROMOTION OF ACCESS TO INFORMATION ACT
NATURE OF BUSINESS
This manual applies to Paul Bothner (Pty) Ltd, Melody Inn (Pty) Ltd and Musical Paradise & Melody Inn (Pty) Ltd, hereinafter referred to as “Bothner Group Holdings (Pty) Ltd”.
Bothner Group Holdings (Pty) Ltd deals in the retail and wholesale of Musical Instruments. It caters for professional, semi-professional, and home musicians, as well as recording studios and the broadcasting industry.
1. CONTACT DETAILS OF THE COMPANY
1.1 Chairman : Mr Charles Bothner
1.2 Physical Address :
Royal Cape Park
1.3 Postal Address : P O Box 23032, Claremont 7735
1.4 Telephone Number: (021) 799 4900
1.5 Fax Number: (021) 799 4949
1.6 Website Address: www.bothner.co.za
1.7 E-mail Address: On Request
1.8 Contact Person: Mr Roy Viljoen
1.9 Contact Person Tel Number: (021) 799 4900
1.10 Contact Person Fax Number: (021) 799 4949
1.11 Contact Person E-mail Address: On Request
1.12 Company Auditors:
Grant Thornton Kessel Feinstein
Private Bag X28
2. COMPANY DETAILS
2.1 Registered name of the Company: Paul Bothner (Pty) Ltd
2.2 Company Registration Number: 1952/02009/07
2.3 Major Shareholder(s):
* Mr Charles Bothner
* Mrs Marian Bothner
2.4 Company Products: Musical instruments
2.5 Registered Trade Name(s) : Paul Bothner
2.6 Branches of Company :
* N1 City Value Centre;
* Somerset West
In terms of Section 10 of the Promotion of Access to Information Act No 2 of 2000, the South African Human Rights Commission (“SAHRC”) is required to compile a guide to the act to assist people to exercise their rights under the Act. This guide has to be published on 31 August 2003. Any enquiries in this regard should be addressed to:
The South African Human Rights Commission
Research and Development Department
Private Bag 2700
Telephone : (011) 484 8300
Fax : (011) 484 0582
E-mail : firstname.lastname@example.org
Website : http://www.sahrc.org.za
4. AVAILABILITY OF MANUAL
4.1 In terms of Regulation 9(1) of the Act, a copy of the manual must be made available to:
4.1.1 The South African Human Rights Commission;
4.1.2 Publish on the Company’s website;
4.1.3 Shall, during office hours and upon request, make available for public inspection, a copy of this manual.
5. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION
Records are held in accordance with statutory provisions that include those in the following Acts (note: this list is not exhaustive):
* Basic Conditions of Employment Act, 75 of 1997
* Companies Act, 61 of 1973
* Compensation for Occupational Injuries and Diseases Act, 130 of 1993
* Consumer Affairs (Unfair Business Practices) Act, 71 of 1988
* Credit Agreements Act, 75 of 1980
* Debtors Collectors Act, 114 of 1998
* Employment Equity Act, 55 of 1998
* Labour Relations Act, 66 of 1995
* Occupational Health and Safety Act, 85 of 1993
* Unemployment Contributions Act, 4 of 2002
* Unemployment Insurance Act, 63 of 2001
* Usury Act, 73 of 1968
* Value-Added Tax Act, 89 of 1991
6. ACCESS TO RECORDS
6.1 Notice published in terms of section 52(2):
Note. Bothner Group Holdings (Pty) Ltd holds no information that is freely available without a request for access in terms of the Act.
6.2 Categories of Information held in company records (note: this list is not exhaustive):
* Financial Records
* Accounting records
* Taxation records
* Statutory Company Information and Records
* Personnel Records
* Conditions of Service
* Employee Records
* General Correspondence
* Employment Equity Records
* Remuneration Records
* Provident Fund Records
* Marketing and Sales
* Group Sales and Marketing Records
* Records related to fixed and moveable property.
* Legal Documentation
* Commercial Contracts
7. REQUESTING PROCEDURES
The purpose is to define the manner and form in which a request for information must be submitted.
7.1 Entry Point for Requests:
In order to ensure that Bothner Group Holdings (Pty) Ltd complies with the Act, the Chairman has designated the Financial Director as the only entry point through which any request in terms of the Act must be channelled. All requests in terms of the Act must be addressed to the Financial Director in writing.
P O Box 23032
Fax Number: (021) 799 4949
Email Address: On Request
7.2 Who may request information or records in terms of the Act:
The Act provides that a person may only request information in terms of the Act, if the information is required for the exercise or protection of a right. Information will therefore not be furnished unless a person clearly provides sufficient particulars to enable the company to identify the right the requester is seeking to protect, as well as an explanation of why the requested information is required for the exercise or protection of that right.
7.3 Requester Categories:
The capacity in which a requester requests information will determine the category he or she falls in. Please take note that the requester category has a bearing on the charges pertaining to the access to information (see Request Fees).
Requesters are classified into 4 categories:
7.3.1 Personal Requester
Requests personal information about himself/herself.
7.3.2 Representative Requester
Requests information on behalf of someone else.
7.3.3 Third Party Requester
Requests personal information of another person.
7.3.4 Public Body
Requests information in the public interest.
7.4 Request Procedure
7.4.1 Completion of form
Any request for information must be contained on the prescribed form available on the website of the South African Human Rights Commission at www.sahrc.org.za or the website of the Department of Justice and Constitutional Development (under regulations) at www.doj.gov.za. This formality is prescribed in the Act.
The prescribed form is to be completed in full and returned to the Director together with any other information that Bothner Group Holdings (Pty) Ltd require, in order to consider and decide on the request. A request, which does not comply with the formalities, as prescribed by the Act will be forwarded back to the requester with advice on the steps necessary for compliance. This includes forms that are not completed in full.
The Director will not consider a request unless it is contained on the prescribed form.
7.4.2 Proof of Identity
Proof of identity is required to authenticate the request and the requester. In view hereof, a requester will, in addition to the prescribed form, be required to submit acceptable proof of identity such as a certified copy of their identity document or other legal forms of identity.
7.5 Request Fees
Section 54 of the Act entitles a company to levy a charge or request fee to enable the company to recover the cost of processing a request and giving access to records in terms of the Act. The fees that may be charged have been published by the Minister of Justice and are displayed below.
Note that where a decision to grant a request has been taken, the record will not be disclosed until the necessary fees have been paid in full, and proof of payment furnished.
Access fee for time spent
18.104.22.168 as prescribed in Part II of Regulations in the Government Gazette
7.5.3 Request fee
22.214.171.124 As prescribed in Part II of Regulations in the Government Gazette
126.96.36.199 As prescribed in Part II of Regulations in the Government Gazette
7.5.5 Postal fee
188.8.131.52 As prescribed in Part II of Regulations in the Government Gazette
7.5.6 Appeal fee
184.108.40.206 As prescribed in Part II of Regulations in the Government Gazette
220.127.116.11 As prescribed in Part II of Regulations in the Government Gazette
7.6 Granting or Refusal of Requests
All requests complying with the requirements above will be processed and considered expeditiously.
The Act, however, stipulates the following grounds for refusing requests for information:
* Mandatory protection of the privacy of a third party who is a natural person (Section 63).
* Mandatory protection of commercial information of a third party (Section 64).
* Mandatory protection of certain confidential information of a third party (Section 65).
* Mandatory protection of safety of individuals and protection of property (Section 66).
* Mandatory protection of records privileged from production on legal proceedings (Section 67).
* Commercial information of the Private Body (Section 68).
* Mandatory protection of research information of third party and of the Private Body (Section 69).
Whatever decision is taken the requester will be given notice of the decision in writing. The Act requires that such notification be given within 30 days of the decision being made. In the case of a request being refused, the notification will include the reasons for the refusal.
Please note that Bothner Group Holdings (Pty) Ltd may extend the thirty-day notice period if it is necessary due to the nature of the request and the amount of time required gathering the information. The requester will however be given notice of the extension prior to the 30-day period’s expiry.
The Act does not require a company to establish an internal appeal structure for the purpose of allowing a requester, who is aggrieved by a decision of the company, to appeal such a decision. This requirement is only applicable to a public body.
A requester aggrieved by Bothner Group Holdings (Pty) Ltd’s decision must therefore approach a court of law.