Promotion of Access to Information Act
Policies & Procedures Manual
Section 51 Manual for PSIber Group (Pty) Ltd
Introduction to PSIber Group (Pty) Ltd:
The PSIber Group was founded during the early stages of the Internet boom and has today successfully positioned itself as a niche-market supplier of innovative internet based Tax, Payroll and HR systems and related services. The Group comprises many specialist personnel incorporating senior IT professionals, business analysts, leading edge developers and consultants.
The PSIber Group (Pty) Ltd is the holding company of PSIber Solutions (Pty) Ltd and PSIber Works (Pty) Ltd. PSIber Works (Pty) Ltd is the product design, development and distribution company with PSIber Solutions (Pty) Ltd being the specialist consulting and payroll outsourcing company.
Company Contact Details [Section 51(1)(a)]
Managing Director: Rob Nowicki
Postal Address PO Box 16473
Dowerglen
1609
Street Address PSIber House
15 7th Avenue
Edenvale
1610
Telephone Numbers +27 11 454-1074
Fax Numbers +27 11 454-1073
E-mail Address robert.nowicki@psiber.co.za
The section 10 Guide on how to use the Act [Section 51(1)(b)]
The Guide was made available to the South African Human Rights Commission on the 1st August 2003. Please direct any queries to:
The South African Human Rights Commission:
PAIA Unit
The Research and Documentation Department
Postal address: Private Bag 2700
Houghton
2041
Telephone: +27 11 484-8300
Fax: +27 11 484-0582
Website: www.sahrc.org.za
E-mail: PAIA@sahrc.org.za
Records available in terms of any other legislation [Section 51(1)(d)]
Arbitration Act No. 42 of 1965
Basic Conditions of Employment No. 75 of1997
Companies Act No. 61 of 1973
Compensation for Occupational Injuries and Health Diseases Act No.130 of 1993
Copyright Act No. 98 of 1978
Employment Equity Act No. 55 of 1998
Income Tax Act No. 95 of 1967
Insolvency Act No. 24 of 1936
Intellectual Property Laws Amendments Act No. 38 of 1997
Labour Relations Act No. 66 of 1995
Occupational Health & Safety Act No. 85 of 1993
Pension Funds Act No. 24 of 1956
Regional Services Councils Act No. 109 of 1985
Skills Development Levies Act No. 9 of 1999
Skills Development Act No. 97 of 1998
Tax on Retirement Funds Act No. 38 of 1996
Trade Marks Act No. 194 of 1993
Unemployment Contributions Act No. 4 of 2002
Unemployment Insurance Act No. 63 of 2001
Usury Act No 73 of 1968
Value Added Tax Act No. 89 of 1991.
Access to the records held by PSIber Group (Pty) Ltd [Sections 51(1)(c) and 51(1)(e)]
Records available without a formal request:
The following records are available without having to request access in terms of this Act in terms of section 52(2) [Section 51(1)(c)]:
Company Overview;
Product Overview;
Technical Overview;
Terms of Service;
Pricing Policies;
Standard Contracts and Forms
All the abovementioned information is published on the PSIber Group (Pty) Ltd website (www.psiber.co.za). Other promotional type material is available from time to time on request.
Records that may be requested:
What follows is a brief description of the subjects of the records held by PSIber Group (Pty) Ltd and the categories in which these subjects are classed [Section 51(1)(e)]. It does not mean however, that a person will have automatic access to a record listed. Access to these records will be determined according to the procedures in the Act and once a request has been given on the correct form a decision will be made by the head of PSIber Group (Pty) Ltd.
Administration:
Minutes of management and board meetings;
Minutes of sales/technology and legal meetings;
Correspondence : to clients
to suppliers
to business partners.
Legal:
Contracts Register;
Contracts with infrastructure providers, capability providers and business partners;
Client specific Agreements.
Human Resources:
Human Resource Policies and Procedures Manual;
Employment contracts.
Finances:
Financial Policies and Procedures Manual;
Management Accounts;
Annual financial statements;
Assets inventory;
Preferred Suppliers List;
Technical:
Technical Policies and Procedures Manual;
PSIberWORKS Specifications / Updates / Development Plans etc.
Request procedures
The following procedure is to be followed when requesting information from PSIber Group (Pty) Ltd.
Form of request:
The requester must use the prescribed form to make the request for access to a record. This must be addressed to the head of PSIber Group Pty (Ltd). This request must be submitted to the address, fax number or electronic mail address of the body concerned [s 53(1)].
The requester must provide sufficient detail on the request form to enable the head of PSIber Group (Pty) Ltd to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c)].
The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2)(d)].
If a request is made on behalf of another 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 [s 53(2)(f)].
Fees:
A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee:
The head of PSIber Group (Pty) Ltd will 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 [s 54(1)].
The fee that the requester must pay to a private body is R50 which is subject to change from time to time. The requester may lodge an application to the court against the tender or payment of the request fee [s 54(3)(b)].
After the head of PSIber Group (Pty) Ltd has made a decision on the request, the requester will be notified via the required form.
If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].
Other information as may be prescribed [Section 51(1)(f)]
The Minister of Justice and Constitutional Development has not made any regulations in this regard.
Availability of the manual [Section 51(3)]
This manual is also available for inspection at the offices of PSIber Group (Pty) Ltd (see physical address listed elsewhere in this document) free of charge; and copies are available with the SAHRC, in the Gazette and on the PSIberWORKS website (www.psiber.co.za ).