Promotion Of Access To Information ACT No. 2 of 2000

 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.

Business and Contact Details

Name of Business: Crux Compliance

Head of Business: Mr Justin Joannides

Position:  Managing Director

Postal Address: PO Box 2762, Sunninghill, Gauteng, 2157

Physical Address:  15 Tana Road, Sunninghill Business Village, Sunninghill, Gauteng, 2157

Phone Number: 0112344991

Fax Number:  0865040010

Email Address: natalia@cruxconsulting.co.za 

Website: www.cruxcompliance.co.za 

Manual and Guidelines

Copies of the PAIA manual is available on request:

Records that are held at the offices of the business

The following is a list of records that are held at the business’s office:

Administration

Founding Documents, Licences (categories), Minutes of Management Meetings, Statutory Returns

Human Resources

Employment Contracts, General Correspondence, Skills Requirements, Staff Recruitment Policies, Training Records

Operations

Brochures on Company Information, Client and Customer Registry, Contracts, Suppliers’ Registry

Finances

Annual Financial Statements, General Correspondence, Insurance Information, Management Accounts, Tax Records (company and employee)

Information Technology

IT Policies and Procedures

Operations

At present these include records (if any) held in terms of:

  • Financial Advisory and Intermediary Services Act 37 of 2002
  • Financial Intelligence Centre Act 38 of 2001

Information Request Procedure

The requester must use the prescribed form to make the request for access to a record. A request form is available from our offices or at www.accesstoinfo.co.za

  • The request must be made to the Head of Business named in Section 2 above. This request must be made to the address, fax number or electronic mail address of the business.
  • The requester must provide sufficient detail on the request form to enable the Head of Business 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 should be used to inform the requester. If this is the case, please furnish the necessary particulars to be so informed.
  • The requester must identify the right that is sought to be exercised or to be protected and must provide an explanation of why the requested record is required for the exercise or protection of that right.
  • 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 Head of Business aforesaid.
  • The prescribed request fee must be attached.

We will respond to your request within 30 days of receiving the request by indicating whether your request for access has been granted or denied.

Please note that the successful completion and submission of a request for access form does not automatically allow the requestor access to the requested record.

Access will be granted to a record only if the following criteria are fulfilled:

  • The record is required for the exercise or protection of any right; and
  • The requestor complies with the procedural requirements set out in the Act relating to a request; and
  • Access to the record is not refused in terms of any ground for refusal as contemplated in Chapter 4 of Part 3 of the Act.

Denial of access

Access to any record may be refused under certain limited circumstances. These include:

  • The protection of personal information from unreasonable disclosure concerning any natural person;
  • The protection of commercial information held concerning any third party (for example trade secrets);
  • The protection of financial, commercial, scientific or technical information that may harm the commercial or financial interests of any third party;
  • Disclosures that would result in a breach of a duty of confidence owed to a third party;
  • Disclosures that would jeopardize the safety or life of an individual;
  • Disclosures that would prejudice or impair the security of property or means of transport;
  • Disclosures that would prejudice or impair the protection of a person in accordance with a witness protection scheme;

Disclosures that are privileged from production in legal proceedings unless the privilege has been waived;

  • Disclosures of details of any computer programme;
  • Disclosures that will put Crux Compliance at a disadvantage in contractual or other negotiations or prejudice it in commercial competition;
  • Disclosures of any record containing any trade secrets, financial, commercial, scientific, or technical information that would harm the commercial or financial interests of Crux Compliance
  • Disclosures of any record containing information about research and development being carried out or about to be carried out by Crux Compliance

If access to a record or any other relevant information is denied, our response will include:

  • Adequate reasons for the refusal; and
  • Notice that you may lodge an application with the court against the refusal and the procedure including details of the period for lodging the application.

Fees

The applicable fees are prescribed in terms of the Regulations promulgated under the Act. There are two basic types of fees payable in terms of the Act.

Request Fee

The non-refundable request fee of R 50 (excluding VAT) is payable on submission of any request for access to any record. This does not apply if the request is for personal records of the requestor. No fee is payable in such circumstances.

Access Fee

The access fee is payable prior to being permitted access to the records in the required form. The applicable fees are prescribed in terms of Part III of Annexure A as identified in Government Notice Number 187, Regulation 11.