INTRODUCTION TO WILLIAM RADCLIFFE

William Radcliffe is a Secretarial and Statutory Services Company that specialises in the Administration and Governance of Companies and Trusts. We offer services to advise and support Boards and Trusts to implement Governance without administrative and clerical issues and within the law and/or good Governance Guidelines and Best Practices.

We are a one-stop-shop for Board Secretarial Services, Company Statutory Services, Beneficiary Administration, Tax Administration, Financial Management, Auditing, Share Scheme Administration, Director Training and Communication Management.

Our services are valuable to Company Directors, Board Committees, Trustees, Company Secretaries, Corporate Affairs Executives, Finance Executives and Human Resources Executives.

SECTION A – OUR CONTACT DETAILS AND CONTACT PERSON

The person responsible for the administration of, and compliance with the Act, has been delegated by the Managing Director (MD) whom is also the Designated Information Officer of William Radcliffe to the Chief Financial Officer (CFO), who is also the Deputy Information Officer

Requests pursuant to the provisions of the Act should be directed as follows:

Full name:

Rilapax (Pty) Ltd

Registration Number:       

2013/068456/07

Registered Address:              

JSE Investor Services

19 Ameshoff Street

Braamfontein

2001

Postal Address:                    

Suite 31

PO Box 71664

Bryanston

Gauteng

 2021

Telephone Number: 

       +27 61 585 6906

Managing Director & Designated Information Officer: 

Poloko Leotlela

Email Address: 

poloko@williamradcliffe.co.za

Deputy Information Officer & CFO: 

William Karuhije

Email Address: 

william.karuhije@williamradcliffe.co.za

Website:

https://williamradcliffe.co.za

The Information Officer has delegated his powers to the Deputy Information Officer in terms of the PAIA Act to handle all requests on the Company’s behalf and ensure that the requirements of the PAIA Act are administered in a fair, objective, and unbiased manner.

SECTION B – HUMAN RIGHTS COMMISSION (HRC) GUIDE

The Human Rights Commission has been tasked with the administration of the PAIA Act. Section 10 of the PAIA Act requires the South African Human Rights Commission (SAHRC) to publish a guide which is intended to assist users in the interpretation of the PAIA Act and how to access the records of private and public bodies and the remedies available in law regarding a breach of any of the provisions of the PAIA 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 the information officers and the SAHRC in terms of the 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 are available from the SAHRC. Enquiries regarding the Guide and relating to the person’s rights and in particular their right to access information from a private or public body can be addressed to the SAHRC, the contact details of which are as follows:

Post: 

The South African Human Rights Commission:

PAIA (Promotion of Access to Information Act) Unit

Unit Research and Documentation Department

Private Bag 2700

Houghton

2041

Telephone Number:

+27 (11) 484 8300/ +27 (11) 877 3600

Fax:

+27 (11) 484 7146/ +27 (11) 403 0625

Email: 

PAIA@sahrc.org.za/ Section51.paia@sahrc.org.za

Website: 

http://www.sahrc.org.za

SECTION C – INFORMATION AVAILABLE IN TERMS OF THE ACT

1. Policy Regarding Confidentiality and Access to Information

 William Radcliffe will protect the confidentiality of information provided to it by third parties, subject to its obligations to disclose information in terms of any applicable law or regulation or a court order requiring disclosures of information. If access is required to a record that concerns information about a third party, William Radcliffe is obliged to attempt to contact such third party to inform him/her/ it of the request.

William Radcliffe will give the third party an opportunity of responding by either consenting to the access or by providing reasons why the access should be denied. In the event that the third-party furnishing reasons for the support or denial of access. The Deputy Information Officer will consider these reasons in determining whether access should be granted to the requestor or not.

2. Records Automatically Available – [Section 51(1)(c)]

At this stage no notice(s) has/ have been published in terms of Section 52 of the PAIA on the categories of records that are automatically available without a person having to request access in terms of the PAIA.

Records that are automatically available at the registered office of William Radcliffe on payment of the prescribed fee for reproductions are:

• Records of William Radcliffe lodged in terms of government requirements such as the Registrar of Deeds;

• Documentation and information relating to William Radcliffe which is held by the Companies and Intellectual Properties Commission in accordance with the requirements set out in Section 25 of the Companies Act 71 of 2008;

• Product and Services Brochures;

• News and other Marketing Information; and

Certain other information relating to William Radcliffe is also made available on said website from time to time.

3. Subjects and Categories of Records Held by the Company: [Section 51(1)(e)]

The list(s) below depict records of information which William Radcliffe has available in terms of laws applicable to it. Some of this information and the access thereto may be restricted to protect the Privacy and Private information of Data Subjects:

Statutory Company Information

1. Certificate of Incorporation;
2. Registration Certificate;
3. Certificate of Change of Name (where required);
4. Memorandum of Incorporation;
5. Minutes of Board and Sub-Committee Meetings;
6. Resolutions passed;
7. Share Registers and Certificates;
8. Company Disclosure Certificates;
9. Register of Directors and Public Officers;
10. Directors’ attendance Registers;
11. Annual Financial Statements;
12. Management Accounts;
13. Director Reports;
14. Audit Reports;
15. Books of account regarding information required by the Companies Act;
16. Supporting schedules and documentation relating to management accounts;
17. All other forms and notices in terms of the Companies Act.

CORPORATE GOVERNANCE

1. Code of Conduct;
2. Risk Management Registers and associated records;
3. Legal Compliance Registers and associated records;
4. Policies and Procedures;
5. Fraud alerts and whistleblowing.

ACCOUNTS RECORDS

1. Book of accounts, including journals and ledgers;
2. Delivery notes, orders, invoices, statements, receipts, vouchers, and bills of exchange (where required);
3. Agreements;
4. Banking Records;
5. Tax records, returns and supporting documentation;
6. Correspondences;
7. Management reports;
8. Budgets;
9. General Ledger and Sub-Ledgers;
10. General Ledger Reconciliations.

STATUTORY EMPLOYEE RECORDS

1. Employees’ names and occupations;
2. Salary and Wages register;
3. Attendance register;
4. Employment Equity Plan;
5. Collective Agreements;
6. Arbitration Awards;
7. Training records;
8. Staff records (after the date of employment ceases);
9. Expense accounts;
10. IRP5 for employee returns;
11. PAYE records and returns; Returns to UIF;
12. Payroll records.

OTHER EMPLOYEE RECORDS

1. Incentive Pay Schemes;
2. Staff Loan Schemes;
3. Study Assistance Schemes;

HUMAN RESOURCES

1. BBBEE Statistics;
2. Career Development Plans;
3. Personnel Information;
4. Employment Equity Reports;
5. General Terms of Employment;
6. Letters of Employment;
7. Leave Records;
8. Health Records;
9. Performance Management Records;
10. Retirement Benefit and Medical Aid Records;
11. Training Manuals (Learning and Development);
12. Training Records and Statistics;
13. Training Agreements;
14. Policies and Procedures;
15. CV’s, application details;
16. Disciplinary Code and Records;
17. Disciplinary Procedures, CCMA and court matters, Retrenchment, and legal processes regarding employment matters;
18. Job profiles;
19. SETA Records;
20. Social Responsibility.

SAFETY, HEALTH ENVIRONMENT AND QUALITY

1. Safety management systems, data, and audits;
2. Permits licenses, approvals, and registrations for operations of sites and business;
3. Emergency response plans;
4. Incident registers;
5. Records of disposal of equipment;

FIXED PROPERTY

1. Title Deeds;
2. Leases;
3. Building Plans;
4. Mortgage bonds or other encumbrances to fixed property;
5. Register of all immovable property owned by the company.

MOVABLE PROPERTY

1. Asset Register;
2. Finance and lease agreements;
3. Notarial Bonds;
4. Deeds of pledge;
5. Vehicle Registration documents.

INTELLECTUAL PROPERTY

1. Agreements relating to intellectual property such as license agreements, secrecy agreements, consulting agreements, copyright agreements, use agreements, joint venture agreements and joint venture development agreements (where necessary);
2. Litigation and other disputes involving intellectual property;

AGREEMENTS AND CONTRACTS

1. Material agreements concerning the provision of services and materials;
2. Agreements with shareholders, officers and/ or Directors;
3. Acquisition or disposal of documentation;
4. Agreements with contractors, suppliers, and service providers;
5. Agreement with customers;
6. Sale agreements (where required);
7. Distributor, dealer, or agency agreements;
8. Restraint agreements;
9. Agreements with governmental agencies (where required);
10. Purchase or lease agreements;

TAXATION

1. Copies of all income tax returns and other tax returns and documents.

LEGAL

1. Complaints, pleadings, briefs, and other documents pertaining to any actual, pending, or threatened litigation, commercial disputes, arbitration, or regulatory investigation;
2. Settlement agreements;
3. Material licenses, permits and authorizations;
4. Agreements and Contracts;
5. Competition Notifications;
6. SAPS Investigations and cases;
7. Records of Stolen Goods;
8. Subpoena;
9. Disputes with third parties and ex-employees.

INSURANCE

1. Insurance policies;
2. Claim records;
3. Details of insurance coverage, limits, and insurers;
4. Insurance Declarations.

TRANSPORTATION

1. Transportation Contracts.

INFORMATION TECHNOLOGY

1. Hardware;
2. Operating systems;
3. Telephone Exchange Equipment;
4. Telephone lines, leased lines, and data lines;
5. Disaster recovery policy and systems;
6. Internal systems support and programming/ development;
7. Development or investment plans;
8. Contracts and Agreements;
9. Licenses;
10. Policies, procedures, standards, templates, and guidelines;
11. Faults, Troubleshooting and Reporting;
12. Performance of IT infrastructure;
13. Security Access;
14. System/ Application landscape diagrams 

SALES AND MARKETING

1. Products;
2. Markets;
3. Customers;
4. Brochures, newsletters, and advertising materials;
5. Sales;
6. Delivery notes; Customer Satisfaction Surveys;
7. Proposals and Tenders.

LOGISTICS AND PROCUREMENT

1. Dispatch;
2. Statements of Work;
3. Inspection;
4. Inventory Records;
5. Procurement Policy;
6. Supplier and Contractor Agreements;
7. Purchase Orders;
8. Suppliers and Manufacturers Details;
9. Standard Terms and Conditions of Supply of Services, Products and Software to the Company;
10. Tender Documentation.

4. Records that are not automatically available

Records of the Company which are not automatically available must be requested in terms of the procedure set out in Section 8 of this PAIA Manual of the Regulations as set out in terms of the POPIA and which may be subject to the restrictions and right of refusal to access as provided for in the PAIA Act and in POPIA.

No request shall be accepted telephonically, nor shall any information be supplied telephonically. Only the information officer or any Deputy Information officer appointed shall have the mandate to disclose information in terms of this manual.

5. Procedure for requesting access to the above information

Records held by William Radcliffe may be accessed on request only once the requirements for access have been met. A requestor is any person making a request for access to a record of the Company, and in this regard, the Act distinguishes between two types of requesters:

• Personal Requestor

A personal requestor is one who seeks access to a record containing the requester’s own personal information.

• Requester

Any person making a request for access to records of the Company.

• Other Requester

Other requesters are those who requestor access to information pertaining to third parties.

A request will not automatically be granted, and short reasons for the refusal shall be supplied. It should be noted that a request for access to information can be refused if the application does not comply with the requirement of the Act. Further, the completion and submission of a request does not automatically allow the requestor access to the requested record.

The requestor must comply with all the procedural requirements contained in the PAIA and POPI Acts relating to the request for access to records.

If you wish to request access to any of the above categories of information (Section C) 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 (sahrc.org.za);

• The Department of Justice and Constitutional Development website (doj.gov.za).

A requestor must state that the information is required in order to exercise or protect a right and clearly state what the nature of the right is to be exercised or protected. The requestor must also provide an explanation of why the requested record is required for the exercise or protection of that right.

If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally to the information officer.

There is a prescribed fee (payable in advance) for requesting and accessing information in terms of the Act. Details of these are contained in the request form.

When a request is received by the information officer of the Company, the information officer shall by notice require the requester, other than a personal requester, to pay the prescribed request fee before further processing of the request.

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 and for any time reasonably required in excess of the prescribed hours to search for and prepare the records for disclosure including making arrangements to make it available in the request form.

When a request is received by the information officer of the Company, the information officer shall by notice require the requester, other than a personal requester, to pay the prescribed request fee before further processing of the request.

You may also be called upon to pay additional fees prescribed by regulation for searching for and compiling the information which you have requested, including copying charges and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure including making arrangements to make it available in the request form.

The information officer shall withhold a record until the requestor has paid the fee or fees as indicated. If a deposit has been paid in respect of a request for access, which is refused, then the information officer shall repay the deposit to the requester.

It is important to note that the successful completion and submission of an access request form does not automatically allow the requestor access to the requested record. An application for access to a record is subject to certain limitations if the requested record falls within a certain category as specified within part 3 of Chapter 4 of the Act.

William Radcliffe will process the request within 30 days of receipt, decide whether to grant or decline the request and give notice with a reason (if required) to that effect.

The 30-day period whining which William Radcliffe has to decide whether to grant or refuse the request may be extended for a further period of not more than 30 days if the request is of a large volume of information or the request requires a search for information held in another office and the information cannot reasonably be obtained within the original 30-day period. William Radcliffe will notify the requestor in writing should an extension be sought.

If it is reasonably suspected that the requestor has obtained access to records through the submission of materially false or misleading information, legal proceedings may be instituted against such requester.

The completed Access Request Form, together with a copy of the identity document, must be submitted via conventional mail or e-mail and be addressed to the contact person as indicated above.

6. Grounds for Refusal of Access to Records

William Radcliffe has the right to refuse access to information on legal grounds as set out in POPIA and PAIA, which will mainly be on one or more of the following grounds:

• Mandatory protection of the personal information, special personal information, or privacy of a third party who is a natural person (including children), if such disclosure would involve the unlawful or unreasonable disclosure of Personal information about a third party, including a deceased individual or child, subject to the provisions of Section 63(2) of PAIA or any Section or regulation of POPIA.

• Mandatory protection of personal, confidential, or commercial information of the third party (which may be a natural person or legal entity) if the record contains:

• • Trade secrets of that party;
  • Financial, commercial, scientific, or technical information which disclosure could likely cause harm to the financial or commercial interest of that party;
  • Information disclosed in confidence by the third party to William Radcliffe if the disclosure could put the third party to a disadvantage in negotiations or commercial completion.
  • Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;

• Mandatory protection of certain confidential information of a third party, where such disclosure could endanger the life or physical safety of an individual or prejudice or impair the security of:

• • A building, structure, or any system;
  • Means of transport, or
  • Any other property.

• Mandatory disclosure in the public interest, despite any of the protections mentioned above, the Director of the Company shall grant a request for access to a record if:

(a) The disclosure of the record would reveal evidence of-

i. a substantial contravention of, or failure to comply with, the law; or

ii. The public interest in the disclosure of the record clearly outweighs the harm contemplated in the provision in question.

• If disclosure of the record would prejudice or impair the security of property or means of transport;
• If disclosure of the record would prejudice or impair the protection of a person in accordance with a witness protection scheme;

• Disclosure of the record would put the Company at a disadvantage in contractual or other negotiations or prejudice it in commercial competition;

• The record is a computer programme, and the record contains information about research being carried out or about to be carried out on behalf of a third party or the Company.

7. Remedies Available if Requests for Information is refused

If the request for access is refused, the Deputy Information Officer of the Company must:

(a) State adequate reasons for the refusal, including the provisions of this Act relied on;

(b) Exclude, from any such reasons, any reference to the content of the record; and

(c) State that the requester may lodge an application with a court against the refusal of the request and the procedure (including the period) for lodging the application.

• Internal Remedies

William Radcliffe does not have an internal appeal procedure. As such, the decision made by the Information Officer and the Deputy Information Officer pertaining to a request is final, and requestors will have to exercise such external remedies at their disposal if a request is refused and the requestor is not satisfied with the response provided by the Information Officer.

• External Remedies

A requestor that is dissatisfied with the Information Officer’s refusal to disclose information may, within 30 days of notification of the decision, apply to a court for appropriate relief. For purposes of the Act, courts that have jurisdiction over these applications are the Constitutional Court, the High Court, or another court of similar status. The court will review the request and decide whether in fact the Deputy Information Officer of the Company should give the requestor the information requested or not. A court hearing an application in terms of PAIA Act may grant any order that is just and equitable including orders:

(a) Confirming, amending, or setting aside the decision which is the subject of the application;

(b) Requiring the Deputy Information Officer of the Company or relevant authority of a public body or the head of a private body to take such action or to refrain from taking such action, as the court considers necessary within the period mentioned in the court order; or

(c) Granting an interdict, interim or specific relief, declarator order or compensation; or

(d) Granting an order as to costs.

8. Records that cannot be found or do not exist

If William Radcliffe has searched for a record and it is believed that the record does not exist or cannot be found, the requestor will be notified by way of an affidavit or affirmation. This will include the steps that were taken to try to locate the record.

If after notice is given, the record in question is found, the requestor must be given access thereto unless the ground for the refusal of access exists.

If the request is declined for any reason, the notice must include adequate reasons for the decision, together with the relevant provisions of the PAIA relied upon and provide the procedure to be followed should the requestor appeal the decision.

Section 59 provides that the Deputy Information Officer of the Company may serve a record and grant access only to that portion to which the law does not prohibit access to.

9. Fees

The Act provides for two types of fees, namely:

• A request fee, which will be a standard fee; and
• An access fee must be calculated by considering reproduction costs, search and preparation time and costs, and postal costs.

When the request is received by the Deputy Information Officer of the Company, such person shall by notice require the requestor to pay the prescribed request fee, if any, before further processing of the request.

If a requestor requires access to records of his/ her Personal Information, there shall be no request fee payable. However, the requestor must pay the prescribed access and reproduction fees for such Personal Information.

If the search for the record has been made and the preparation of the record for disclosure including arrangements to make it available in the request form, requires more than the hours prescribed in the regulations for this purpose, the Deputy Information Officer of the Company shall notify the requestor to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted.

The Deputy Information Officer of the Company shall withhold the record until the requestor has paid the fees as indicated in Annexure “B” hereto.

A requestor whose request for access to a record has been granted must pay an access fee for reproduction and for, search and preparation, and for any reasonably required in excess of the prescribed hours to search for and prepare the records for disclosure, including making arrangements to make it available in the request form.

If a deposit has been paid in respect of a request for access, which is refused, then the Deputy Information Officer of the Company must repay the deposit to the requestor with interest at the prescribed rate.

10. Third parties

If the request is for the record pertaining to the third party, the Deputy Information Officer must take all reasonable steps to inform the third party of the request. This must be done within 21 days of receipt of the request. The manner in which this is done must be by the fastest means reasonably possible, but if orally, the Deputy Information Officer of the Company must thereafter give the third party a written confirmation of the notification.

The third-party may, within 21 days thereafter, either make representation to William Radcliffe as to why the request should be refused; alternatively, grant written consent to the disclosure of the record.

The third-party must be advised of the decision taken by the Deputy Information Officer of William Radcliffe whether to grant or to decline the request. A third party who is dissatisfied with the Deputy Information Officer of the Company’s decision to grant a request for information, may within 30 days of notification of the decision, apply to a Court for relief.