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MANUAL FOR THE INDLOVU PARTNERSHIP FOR
LIFELONG LEARNING
Prepared in terms of the requirements of the
PROMOTION OF ACCESS TO INFORMATION ACT
No 2 of 2000
(Hereinafter referred to as “the Act”)
Introduction
The
Promotion of Access to Information Act gives effect to the constitutional right of
access to any information held by the state and any information that is held by
another person and that is required for the exercise or protection of any rights.
The Act sets out the requisite procedures associated with any such requests for
information.
In terms of
the Act, where a request for information is made to a body, there is an obligation
to provide the information, except where the Act, expressly provides that the
information may not be released. In that context, Section 9 of the Act recognises
that access to information can be limited. The limitation relates to circumstances
where its release would pose a threat to the protection of privacy, commercial
confidentiality, and the exercising of efficient governance.
Part 1 Company and Contact Details
Name of Company
iNdlovu Partnership for LifeLong Learning
Nature of Business
The iNdlovu
Partnership for LifeLong Learning is a partnership between business, community
organisations, non-governmental organisations, Further and Higher Education and
Training Institutions and government departments.
Chairman of Company
Clifford Crosson, Chairman of the Board of Directors.
Postal Address
PO Box 1274
Pietermaritzburg
3200
Street Address
Office 7B, Centre for
Adult Education,
School of Education and
Development,
UKZN
Cnr, Golf and Ridge
Roads,
Scottsville,
Pietermaritzburg
Telephone Number
(033) 2605353
Telefax Number
(033) 2605756
Email Address
Information Officer
Suzanne Clulow
Postal Address
14 Villa Assumpta Place
Pietermaritzburg
3201
Telephone
(033) 3458581
Telefax Number
(033) 8450455
Email Address
clulowmail@absamail.co.za
Note
Public information on the company is available on the company’s web site
www.inpll.co.za
Part 2 Guide to the Manual and its Access.
At the
time of the preparation of this Manual, the South African Human Rights Commission
had not compiled the guide contemplated in Section 10 of the Act. It is understood
that the guide is to contain such information as may reasonably be required by a
person who wishes to exercise any rights contemplated in the Act. Therefore, any
enquires relating to this guide should be directed to the CEO of the South African
Human Rights Commission, Private Bag 2700, Houghton, 2041. Telephone (011) 484
8300 or Fax (011) 484 1360. Further information may be accessed from the web site
www.sahrc.org.za
Part 3 Records.
Records available in terms of Section 52(2) of the Act
(records available without a
person having to request access).
Not applicable.
Records that are held in the Company’s Head Office.
1.
Personnel Records
1.1 As
provided by employees.
1.2 As provided by individuals other than employees.
1.3
Conditions of employment and employee -related
contractual records
2.
Records relating to Customers
3.
Records relating to the iNdlovu Partnership for
LifeLong Learning.
3.1 Financial
3.2 Marketing
3.3 Product
3.4 Internal Correspondence
3.5
Statistical
3.6
Research
3.7 Statutory records
that at present include the following: -
·
Basic Conditions of
Employment Act. No. 75 of 1997.
·
Compensation for
Occupational Injuries and Diseases Act No. 130 of 1993.
·
Employment Equity Act
No.55 of 1998.
·
Income Tax Act No. 58
of 1962.
·
Labour Relations Act
No. 66 of 1995 as amended.
·
Occupational Health
and Safety Act. No 85 of 1993.
·
Promotion of Access
to Information Act No. 2 of 2000.
·
Skills Development
Act. No. 97 of 1998.
·
Skills Development
Levies Act. No. 9 of 1999.
·
Unemployment
Insurance Act. No. 36 of 2001.
Part 4 Information Request Procedure.
To request a
document in terms of the Act, the requester must use the prescribed form. This
must be submitted to the Chairman of the Board of Directors of the iNdlovu
Partnership for LifeLong Learning or the Information Officer the iNdlovu
Partnership for LifeLong Learning. The requester must provide sufficient detail to
enable the company to identify the record and the requester. The requester must
identify the right that he/she is seeking to exercise or protect, and provide an
explanation of why the requested record is required for the exercise or protection
of that right. If the request is made on behalf of a person, the requester must
submit proof of the capacity in which the requester is making the request.
In terms of
section 63 of the Act, the head of the iNdlovu Partnership for LifeLong Learning
must refuse a request for access to a record if its disclosure would involve the
unreasonable disclosure of personal information about a third party, including a
deceased individual. Furthermore, the head of the iNdlovu Partnership for LifeLong
Learning must refuse a request for access to a record of the association if the
record contains; trade secrets, financial, commercial, scientific and technical
information, the disclosure of which could harm the interests of the iNdlovu
Partnership for LifeLong Learning. Similarly, in terms of section 64 of the Act,
the above refusal grounds apply in respect of the commercial information of third
parties held by the iNdlovu Partnership for LifeLong Learning. Access to such
records will require the written permission of the third party concerned before
the iNdlovu Partnership for LifeLong Learning will permit access to view.
In
accordance with the above mandatory refusal grounds, the Chairman of the
Board./Information Officer will make a decision whether to accede to a request for
access to information.
Any search,
reproduction, and document preparation necessitated by requests for information
will be undertaken in accordance with the prescribed fees.
Part 5.
Manual Availability.
In addition
to the availability of this Manual at the South African Human Rights Commission,
this Manual is available on the website of the iNdlovu Partnership for LifeLong
Learning. Copies may also be obtained from the Information Officer of the iNdlovu
Partnership for LifeLong Learning.
In respect
of hard copies, any transmission costs/postage will be for the account of the
requester.
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