PAIA Manual

MANUAL

Prepared in terms of Section 51 of

The Promotion of Access to Information Act 2 of 2000
For assistance in requesting information from:

LEGACY HOTELS & RESORTS INTERNATIONAL (PTY) LTD
Reg no.1997/005111/07

This manual includes all companies comprising the Legacy Group of companies; companies managed by the group and associated companies.

1. Contact details

1.1     Head company

Legacy with registration number 1999/014365/07 is a privately owned group that focuses on the promotion of the hospitality industry in various African and Indian Ocean countries with its operating base being the Republic of South Africa. They achieve this by owning or part owning hotels, managing hotels, residential estates and self catering joint ownership type schemes which include but are not limited to share block and rental pool structures.

1.2    The contact details for the representative of the Head company representing all the companies under direct holdings, associated or indirect holdings and or managed companies is as follows:

Mr A P Brearley in his capacity as Managing director of Legacy may be contacted for information as requested in terms of the form “A” as detailed in the act. at:

Registered and street address:	Postal address:
5 Autumn Street  Legacy House   Rivonia 2128	P O Box 3410 Rivonia 2128
Other: Telephone number:     Facsimile number:       E-mail address:          Website:	+27 (0) 11 806 6800 +27 (0) 11 806 6886 legacypaia@legacyhotels.co.za www.legacyhotels.co.za

 

1.3.    Direct Holdings

1.4.   Associated or indirect holdings

1.5.    Managed companies

2.   Guide on how to use the Promotion of Access to Information Act

This particular Act has gone a long way to ensuring access to information which could contribute towards your decision making processes when interacting with Legacy. There are specific process and procedures as set out in section 10 of the act that will assist you in gaining assess to the required information within the prescribed guidelines. The Human Rights Commission is tasked with helping the public with matters relating to the Act. The Promotions of Access to Information unit can be contact for this process as prescribed in Section 10 or on any other related queries at:

Postal address:

The Human Rights Commission: PAIA Unit
The Research and Documentation Department
Private Bag  2 700
Houghton
2041

Other:

Telephone number:       +27 (0) 11 484 8300
Facsimile number:         +27 (0) 11 484 0582
E-mail address:             paia@sahrc.org.za
Website:                       www.sahrc.org.za

3.    Copy of notice

       No notice in terms of Section 52(2) of the Act has been published.

4.   Records available in terms of legislation other than the Promotion of Access to Information Act

4.1. Human resources

4.1.1. Basic Conditions of Employment No. 75 of 1997
4.1.2. Employment Equity Act No. 55 of 1998
4.1.3. Labour Relations Act No. 66 of 1995
4.1.4. Skills Development Levies Act No. 9 of 1999
4.1.5. Skills Development Act No. 97 of 1998
4.1.6. Unemployment contributions Act No. 4 of 2002
4.1.7. Unemployment Insurance Act No. 63 of 2001

 4.2. Accounting and finance

4.2.1. Income Tax Act No. 95 of 1967
4.2.2. Value Added Tax Act No.98 of 1991
4.2.3. Public Accountants’ and Auditors’ Act No. 80 of 1991 

4.3. Company Secretarial and Administration

4.3.1. Companies Act No. 61 of 1973
4.3.2. Stamp Duties Act No. 77 of 1968

4.4. Safety

4.4.1. Occupational Health & Safety Act No. 85 of 1993

5.    Accessing a record held by the Company of for one of the company it Heads

5.1. The request must be made to the head of the Company at the contact details as detailed above.
5.2. Any request for access to records in terms of the act must be completed on the prescribed form “A” in terms of the Act and regulations.
5.3. The requester must provide sufficient detail on the request form to enable the head of the Company to identify the record and the requester. The requester should also indicate what form of access is required.
5.4. 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 the right.
5.5. If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the request is being made.
5.6. The head of the Company must notify the requester by notice, requiring the requester to pay the prescribed fee (if any) before processing the request. The prescribed fee is in the Regulations.
5.7. The head of the Company will then make a decision in accordance with the provisions of the act, whether to grant the request or not and notify the requester of the decision.
5.8. If the request is granted, a further 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.
5.9. Legal remedies are available to a requester who believes that there has been a failure to comply with the act.  The requester may lodge an appeal or an application to court.

For any additional assistance please feel free to contact The Human Rights Commission: PAIA Unit, The Research and Documentation Department, Private  Bag 2 700, Houghton, 2041 or at:

Telephone number:       Facsimile number:           E-mail address:               Website:

+27 (0) 11 484 8300 +27 (0) 11 484 0582 paia@sahrc.org.za www.sahrc.org.za

6.    Other information

        The Minister of Justice and constitutional Development has not made any regulations in this regard.

7.   Fees and payments thereof

7.1.  Personal requester

Anyone who seeks information pertaining to him/her-self is called a personal requestor and is exempted from paying a requestor’s fee.

7.2.  Requester

7.2.1. Fees are all payable in the form of revenue stamps.
7.2.2. A requestor fee to a public body is prescribed by the act to be R 35.00.
7.2.3. Additional fees for replication of data in various forms are prescribed by the act and are detailed in the act that is available at www.doj.gov.za.
7.2.4. The Head as per the Act may charge for time spent on processing the request.
7.2.5. Legacy undertakes to communicate all such costs to requester and require payment from the requester before proceeding with the request as detailed in the prescribed form “A”.