PAIA Manual ADvTECH Trust

INFORMATION MANUAL
PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, No. 2 of 2000
(“the ACT”)
for ADvTECH Limited Share Incentive Trust SHARE INCENTIVE TRUST

TABLE OF CONTENTS

1. Introduction
2. Contact details and general information
3. Guidelines in terms of section 10 on how to use the Act
4. Records available in terms of other legislation
5. Access to records
   5.1. Automatic disclosures
   5.2. Records that may be requested
   5.3. Request procedures
6. Availability of the manual
7. Fees
8. Deposit
9. Right of appeal
10. Prescribed forms

1. INTRODUCTION

The Promotion of Access to Information Act, no 2 of 2000 (“the Act”) gives effect to the right of access to information in records held by public or private bodies that is required for the exercise or protection of any rights as enshrined in the Bill of Rights in The Constitution of The Republic of South Africa, 1996 (“the Constitution”).   The Act sets out the requisite procedural issues attached to such request, the requirements with which such a request must comply as well as the grounds for refusal of such request.

The manual informs requesters of the procedural and other requirements with which a request must comply in terms of the Act.

The Act recognizes that the right to access of information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:
Limitations aimed at reasonable protection of privacy;
commercial confidentiality;
Effective, efficient and good governance.

The right to access to information must also be balanced against any other rights contained in the Constitution.

ADvTECH Limited Share Incentive Trust is a public company, incorporated according to the laws of South Africa, and listed on the JSE Ltd.

It is a leader in providing quality education, training, skills development and placement services within South Africa.

ADvTECH Limited Share Incentive Trust owns the following companies and divisions:
The Independent Institute of Education (Pty) Ltd

Schools division

• Abbotts College
• CrawfordSchools™
• Junior Colleges
• TrinityHouse

Tertiary division

• College Campus
• FLB
• Rosebank College
• Varsity College
• Vega
• Design School Southern Africa (Pty) Ltd
• Design School South Africa

Resourcing division

• ADvTECH Resourcing (Pty) Ltd
• Brent Personnel
• Cassel & Co
• Communicate Personnel
• Insource.ICT
• IT Edge
• Network Recruitment
• Tech-Pro Personnel
• Kapele Appointments (Pty) Ltd
• Inkokheli HR Appointments
• Vertex-Kapele
• The Working Earth

Training division

• Corporate College International
• Imfundo

ADvTECH Limited Share Incentive Trust also owns the following companies:

• ADvTECH Resource Holdings (Pty) Ltd
• ADvTECH Training (Pty) Ltd
• Business Learning Systems (Pty) Ltd
• Strategic Connection (Pty) Ltd
• Resource Development International (Pty) Ltd
• Bryan Hattingh Independent Services (Pty) Ltd

Further public information regarding ADvTECH Limited Share Incentive Trust can be found on the website – see below.

2. CONTACT DETAILS AND GENERAL INFORMATION

All requests for information in terms of the Act must be in writing and addressed to the Information officer of ADvTECH Limited Share Incentive Trust as set out below:

Company name: ADvTECH Limited Share Incentive Trust
Registration number: IT12694/99

Registered address:
ADvTECH House
Inanda Greens Office Park
54 Wierda Road West
Wierda Valley, Sandton 2146

Postal address: PO Box 2369 Randburg 2125
Telephone number: + 27 11 676 8000
Facsimile number: + 27 11 783 0345
Email: contact@advtech.co.za
Website: www.advtech.co.za

Chief Executive Officer: Frank Thompson
Information Officer:
Sandra Saunders (Group Company Secretary)
ssaunders@advtech.co.za

3. GUIDELINES IN TERMS OF SECTION 10 ON HOW TO USE THE ACT

A guide on how to use the Act to obtain information is available in various languages from the South African Human Rights Commission.

Please direct queries to them at:

Postal Address: Private Bag X2700 Houghton 2041
Telephone number: + 27 11 877 3600
Facsimile number: + 27 11 877 3750
Email: PAIA@sahrc.co.za
Website: www.sahrc.org.za

4. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION

Records available in terms of other legislation, as amended, are as follows:

1. Labour Relations Act 66 of 1995
2. Employment Equity Act 55 of 1998
3. Basic Conditions of Employment Act 75 of 1997
4. Compensation of Occupational Injuries and Diseases Act 130 of 1993
5. Companies Act 71 or 2008
6. Unemployment Insurance Act 63 of 2001
7. Value Added Tax Act 89 of 1991
8. Income Tax Act 58 of 1962
9. Skills Development Act 9 of 1999
10. Stock Exchanges Control Act 1 of 1985 and the Rules and Listing Requirements of the JSE Securities Exchange issued in terms thereof
11. South African Schools Act 84 of 1996
12. Further Education and Training Colleges Act 2006
13. Higher Education Act 1997

5. ACCESS TO RECORDS

1. Automatic disclosures
   The following information is freely available:
   • ADvTECH Limited Annual Report – see website

2. Records that may be requested
   The following records of ADvTECH Limited Share Incentive Trustmay be available upon request:
   • Companies Act records
   • Financial records
   • Tax records
   • Asset records
   • Income and other tax records
   • Employment records
   • Employment policies
   • Information technology records
   • Procurement records
   • Other party records

Note that recording a category or subject matter in this manual does not imply that a request for access to such records would be honoured.  All requests for access will be evaluated on a case by case basis on their own merits, and ADvTECH Limited Share Incentive Trust reserves the right to decline to grant access to records in accordance with the provisions of the Act.

3. Request procedures
4. Any person wishing to gain access to information (“the requester”) must use the prescribed form (see form A hereto) to make the request for access to information.  This request must be made in writing and addressed to the Information Officer at the contact details set out in section 2 above.
5. The requester must –
   1. provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester; and
   2. indicate in which form of access is required; and
   3. specify a postal address or fax number within South Africa; and
   4. identify the right that the requester is seeking to exercise or protect, and provide an explanation of why the requested record is required for the exercise of that protection.
   5. If a request is made on behalf of another person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer.
   6. The Information Officer will make a decision whether to grant the request or to decline the request, and must notify the requestor in the required form.
   7. If the request is granted, then an access fee must be paid for the search, reproduction and preparation, and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.
   8. If, after reasonable steps have been taken to find a record requested and same cannot be located or does not appear to exist, ADvTECH Limited Share Incentive Trust will advise the requester accordingly.

6. Availability of the manual

ADvTECH Limited Share Incentive Trust’s manual is available for inspection free of charge at the registered address as set out in the contact details at 2 above. Furthermore, a copy is available from the SAHRC (see contact details in 3 above) and on ADvTECH Limited Share Incentive Trust‘s website as set out in 2 above.

7. Fees

The Act provides for 2 kinds of fees –

• request fees – non-refundable administration fees paid by all requesters (except personal requesters);
• access fee – paid by all requesters only when access is granted. The fee is intended to reimburse ADvTECH Limited Share Incentive Trust for the costs involved in searching for a record and preparing it for delivery to the requester.

ADvTECH Limited Share Incentive Trust may withhold the record until the request fee and the deposit in terms of section 8 hereof (if applicable) have been paid.

A requester who seeks access to a record containing personal information about that requester (“personal requester”) is not required to pay the request fee.

Every other requester, who is not a personal requester, must pay the required request fee (refer 7.3 below)..

The fees payable are as follows:

1. The fee for a copy of the manual in terms of regulation 9(2)(c) is R1.10 for every photocopy of an A4 page or part thereof.
2. The fees for reproduction referred to in regulation 11(1) are as follows:

3. The request fee payable by a requester, other than a personal requester, is R50.00.
4. The access fees payable by a requester referred to in regulation 11(3) are as follows:

5. Actual postage is payable when a record must be posted to a requester.

8. Deposit

In accordance with s54(2) of the Act, ADvTECH Limited Share Incentive Trust may require a deposit in cases where searching for a record exceeds 6 hours.  The deposit will represent one third of the access fees payable by the requester.

9. Right of appeal

A requester that is dissatisfied with the Information Officer’s refusal to grant access to any information may –

Within 30 days of being informed that the request was not granted lodge an internal appeal; or
Within 30 days of notification of the decision apply to court for relief.

Likewise, a third party dissatisfied with the Information Officer’s decision to grant  a request may, within 30 days of notification of the decision, apply to court for relief.

10. Prescribed forms

Form A: Click to download (PDF)