PROMOTION OF ACCESS TO INFORMATION ACT MANUAL

TABLE OF CONTENTS

  1. WHO ARE WE.. 1
  2. ABOUT THIS MANUAL. 2
  3. WHO CAN YOU CONTACT FOR ASSISTANCE?. 2
  4. FURTHER GUIDANCE FROM THE INFORMATION REGULATOR.. 2
  5. RECORDS WE MAKE AVAILABLE AUTOMATICALLY.. 3
  6. RECORDS WE REQUIRE TO DO OUR BUSINESS. 3
  7. RECORDS THAT WE ARE REQUIRED TO HOLD BY LAW… 6
  8. HOW DO YOU REQUEST ACCESS TO RECORDS?. 8
  9. HOW DO WE GIVE YOU ACCESS?. 9
  10. HOW MUCH WILL THE RECORDS COST?. 9
  11. WHEN CAN WE REFUSE YOU ACCESS TO A RECORD?. 10
  12. WHAT CAN YOU DO IF WE REFUSE TO GIVE YOU ACCESS TO A RECORD?. 11
  13. HOW DO WE PROCESS AND PROTECT PERSONAL INFORMATION?. 11
1.             WHO ARE WE

We are SOUL Private Collection, an hotel management and marketing company with an exclusive range of boutique villas and guesthouses that are strategically located in the most beautiful regions of South Africa.

Business name:                                SOUL Private Collection (Pty) Ltd, a private company with limited liability registered in South Africa with registration number 2021/919775/07

Physical address:                             2 Gordon Street, Gardens, Cape Town, Western Cape, South Africa, 8001

Directors:                                           Rainer Hartmut Spekowius

Phone number:                               +27 87 138 8575

Website:                                              www.soulprivatecollection.com

Email address:                                 info@soulprivatecollection.com

2.             ABOUT THIS MANUAL

We respect your right of access to information. This manual will help you  to exercise that right to get access to some of our records. This manual has been made available in compliance with Section 51 of the Promotion to Access of Information Act 2 of 2000 (generally referred to as “PAIA”).

 

This manual is available on our website or a hard copy can be obtained at our premises.

3.             WHO CAN YOU CONTACT FOR ASSISTANCE?

If you need to access our information or records, you can contact our Information Officer:

Name:                                                   Gaspard Bossut

Address:                                              2 Gordon Street, Gardens, Cape Town, 8001

Phone number:                                 +27 87 138 8575

Website:                                               www.soulprivatecollection.com

Email address:                                   it@soulprivatecollection.com

4.             FURTHER GUIDANCE FROM THE INFORMATION REGULATOR

If you require additional guidance regarding PAIA and exercising your rights, you can contact the Information Regulator or read the Information Regulator’s PAIA guide in each official language at: https://www.justice.gov.za/inforeg/docs.html.

The Information Regulator’s details:

Website:                                               www.inforegulator.org.za

Postal address:                                  PO Box 3153, Braamfontein, Johannesburg, 2017

Physical address:                              JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001

Phone number:                                 010 023 5200

Lodge a complaint:                         paiacomplaints@inforegulator.co.za

General Enquiries:                           enquiries@inforegulator.org.za

5.             RECORDS WE MAKE AVAILABLE AUTOMATICALLY

These are records that we make available automatically without you needing to request access to them in terms of PAIA.

Records:

Access:

Directors’ names

www.bizportal.gov.za

Other incorporation documents

www.bizportal.gov.za

Banking details

Request via e-mail

Information on our website

www.soulprivatecollection.com

Brochures

Request via e-mail

6.             RECORDS WE REQUIRE TO DO OUR BUSINESS

We hold certain categories of records in electronic or physical format. We do not make these records available automatically. You may request access to these documents in terms of PAIA:

 

Categories:

 

Description of categories:

Statutory records

Company incorporation documents

Share register

Memorandum of Incorporation

Resolutions

Minutes of meetings of the board of directors

Records relating to the appointment of directors, auditors, and other officers

Income tax

Pay-as-you-earn (PAYE) records Documents issued to employees for income tax purposes

Records of payments made to South African Revenue Services on behalf of employees

Tax returns

All or any statutory compliance

Value Added Tax

Skills Development Levy documents

Unemployment Insurance Fund

Labour relations records

COIDA documents and records

Personnel documents and records

Employment contracts

Medical aid records

Pension Fund records

Disciplinary records

Salary records

Disciplinary code and/or procedures

Leave records

Training records

Training manuals

Address lists

Internal telephone lists

Finance

Receipts and payments

Bank statements

A list of the company’s debtors and creditors

Budgets

Management accounts

Asset registers

Invoices

Salaries

Minutes of meetings

Correspondence

Risk and compliance

Contracts

Policies and procedures

Risk assessment

Compliance records

Insurance policies

POPIA compliance documents

Other

IT usage statistics and equipment details Supplier lists

Secretarial records

Media releases and public relation events records

Customer information

Customer details

Contact details of existing and prospective customers

Communication and correspondence with customers

Sales records

Transactional information and marketing records

7.             RECORDS THAT WE ARE REQUIRED TO HOLD BY LAW

We keep certain legislative records that we are required to keep by law. You can request that we provide you with these records. We keep the following legislative records:

 

Records:

 

Access:

Communications and IT

Electronic Communications Act 36 of 2005

Electronic Communications and Transactions Act 25 of 2002

Regulation of Interception of Communications and Provision of Communication related Information Act 70 of 2002

Cybercrimes Act 19 of 2020

Compliance and Corporate Governance

Companies Act 71 of 2008

Competition Act 89 of 1998

Copyright, Intellectual Property and Trademarks

Copyright Act 98 of 1978

Intellectual Property Laws Amendment Act 38 of 1997

Intellectual Property Laws Amendment Act 28 of 2013

Trade Marks Act 194 of 1993

Finance

Income Tax Act 58 of 1962

Insolvency Act 24 of 1936

National Credit Act 34 of 2005

Tax Administration Act 28 of 2011

Value Added Tax Act 89 of 1991

General

Consumer Protection Act 68 of 2008

Prescription Act 18 of 1943

Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000

Promotion of Access to Information Act, No 2 of 2000

Protection of Personal Information Act 4 of 2013

Human Resources

Basic Conditions of Employment Act 75 of 1997

Broad Based Black Economic Empowerment Act 53 of 2003

Compensation for Occupational Injuries and Disease Act 130 of 1993

Employment Equity Act 55 of 1998

Labour Relations Act 66 of 1995

Occupational Health and Safety Act 85 of 1993

Protected Disclosures Act 26 of 2000

Skills Development Act 97 of 1998

Skills Development Levies Act 9 of 1999

Unemployment Insurance Act 63 of 2001

Unemployment Insurance Contributions Act 4 of 2002

8.             HOW DO YOU REQUEST ACCESS TO RECORDS?

Our Information Officer has been appointed to deal with all PAIA related matters. To request access to a record, please complete Form 2 (available at https://www.justice.gov.za/inforeg/docs/forms/InfoRegSA-PAIA-Form02-Reg7.pdf)  and submit the form and the request fee to our Information Officer via email, or by submitting it at our physical address.

The completed form must include the following:

  • it must have enough information for our Information Officer to identify you, the records you request, and the form of access you require;
  • your email address, postal address, or fax number must be included;
  • you must describe the right you want to exercise or protect and why you need the requested record to exercise your right;
  • provide any other way you would like to be informed of our decision to provide the record or not other than in writing; and
  • it must provide proof of the capacity in which you are making the request if you are doing it on behalf of someone else.

If you do not use the standard form or if you do not provide enough information, we may reject or delay the request.

9.             HOW DO WE GIVE YOU ACCESS?

We evaluate and consider all requests we receive. If we approve it, we will decide the form of access we will provide unless you have requested the record in a specific form.

10.         HOW MUCH WILL THE RECORDS COST?

PAIA allows us to charge a request and access fee. You must pay us the prescribed fees before we give you access to the records. On your request, our Information Officer will notify you of the application procedure.

Description

Amount

Request fee, payable by every requester

R140.00

Photocopy or printed black & white copy for every A4 page

R2.00 per page or part of the page

Printed copy of A4-size page

R2.00 per page or part of the page

For a copy in a computer-readable form on a flash drive (provided by the requester)

R40.00

For a copy of visual images

This service will be outsourced. The fee will depend on the quotation from the service provider.

For a transcription of an audio record, per A4-size page

R24.00

For each hour or part of an hour (excluding the first hour) reasonably required to search for, and prepare the record for disclosure

The search and preparation fee cannot exceed

R145.00

R435.00

Deposit: if the search exceeds 6 hours

One-third of the amount per request. It is calculated in terms of items 2 to 8 above.

Postage, email or any other electronic transfer

Actual expense, if any.

11.         WHEN CAN WE REFUSE YOU ACCESS TO A RECORD?

We may refuse to provide you access to certain records to protect:

  • someone else’s privacy;
  • another company’s commercial information;
  • someone else’s confidential information;
  • research information;
  • the safety of individuals and property; or
  • records privileged from production in legal proceedings.

We will let you know if your request has been approved or denied with our reason within 30 calendar days after receiving your request. If we cannot find the record or if it does not exist, we will notify you that it is not possible to give access to that record by affidavit.

12.         WHAT CAN YOU DO IF WE REFUSE TO GIVE YOU ACCESS TO A RECORD?

If we refuse to give you access you may apply to a court with jurisdiction or lodge a complaint with the Information Regulator at PAIAComplaints@inforegulator.org.za.

13.         HOW DO WE PROCESS AND PROTECT PERSONAL INFORMATION?

We process various forms of personal information for various business purposes. Please refer to our Privacy Policy of ask our information officer for a copy if you want to know more.