Xenex Computer Systems (Pty) LTD
Prepared and compiled on 2021-06-30 by Section 51 of the Promotion of Access to Information Act, No 2 of 2000 in respect of Xenex Computer Systems (Pty) LTD and its associated entities.
Registration number: 2020/659407/07
Xenex Computer Systems (Pty) LTD Internet (Pty) Ltd (“Xenex Computer Systems (Pty) LTD”) supplies technology solutions across all major industry verticals.
These services are applied to provide high-value solutions for both private and enterprise clients.
Xenex Computer Systems (Pty) LTD supports the constitutional right of access to information, and we are committed to providing you access to our records by the provisions of the Act, the confidentiality we owe third parties, and the principles of South African law.
This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, No. 2 of 2000 (“the Act”).
The Act gives effect to the provisions of Section 32 of the Constitution of the Republic of South Africa, No. 108 of 1996, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and/or protection of any right. The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.
The Promotion of Access to Information Act, no 2 of 2000 (“The Act”) was enacted on 3 February 2000, giving effect to the right of access to any information held by the Government, as well as any information held by another person who is required for the exercising or protection of any rights. This right is entrenched in the Bill of Rights in the Constitution of South Africa. Where a request is made in terms of The Act, the body to which the request is made is not obliged to release the information, except where The Act expressly provides that the information may or must be released. The Act sets out the requisite procedural issues attached to such request.
To promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in terms of The Act for them to exercise their rights about public and private bodies.
Section 9 of The Act, however, recognizes that such right to access to information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:
And in a manner that balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.
Wherever reference is made to “Private Body” in this manual, it will refer to Xenex Computer Systems (Pty) LTD and all its entities for whom this manual is drafted.
Information Officer: Robert Clarke
Postal Address: PO Box 6206
Physical Address: 137 Hennie Alberts Street, Brackenhurst, Meyersdal, 1447
Telephone No: 011-867-5888 E-mail: firstname.lastname@example.org
Name of Private Body: Xenex Computer Systems (Pty) LTD
Registration No: 2020/659407/07
Postal Address: PO Box 6206
Physical Address (or principal place of business): 137 Hennie Alberts Street, Brackenhurst, Meyersdal, 1447
Telephone No: 011-867-5888
E-mail: email@example.com Website: https://www.xenex.co.za
The South African Human Rights Commission had compiled the guide contemplated in Section 10 of The Act. It contains such information as may reasonably be required by a person who wishes to exercise any right contemplated in The Act. The Guide is available for inspection, inter alia at 29 Princess of Wales Terrace, cnr York, and St Andrews Street. Any inquiries regarding this guide should be directed to:
The South African HUMAN RIGHTS COMMISSION, at PAIA Unit
(RESEARCH AND DOCUMENTATION DEPARTMENT)
Private Bag X2700, HOUGHTON, 2041
Telephone Number: (011) 484-8300
Facsimile Number: (011) 484-1360
E-mail Address: PAIA@sahrc.org.za
A section 52(2) notice regarding the categories of records, which are available without a person having to request access in terms of the Act, has to date not been published.
This clause serves as a reference to the records that the Private Body holds to facilitate a request in terms of The Act.
The information is classified and grouped according to records relating to the following subject and categories: It is recorded that the accessibility of the documents listed herein below, may be subject to the grounds of refusal set out hereinafter.
Records are kept by legislation applicable to Xenex Computer Systems (Pty) LTD, which includes but is not limited to, the following –
Reference to the above-mentioned legislation shall include subsequent amendments and secondary legislation to such legislation.
Records held by the Private Body about other parties, including without limitation:
Access to records held by the PRIVATE BODY
Records held by the Private Body may be accessed by request only once the prerequisites for access have been met.
The requester must fulfill the prerequisites for access in terms of The Act, including the payment of a requested access fee.
The requester must comply with all the procedural requirements contained in The Act relating to the request for access to a record.
The requester must complete the prescribed form C and submit the same as well as payment of a request fee and a deposit, if applicable, to the Information Officer at the postal or physical address, fax number, or electronic mail address as stated herein.
The prescribed form must be filled in with enough particulars to at least enable the
Information Officer to identify –
The requester must state that he/she requires the information to exercise or protect a right, and clearly state what the nature of the right to be exercised or protected is. In addition, the requester must specify why the record is necessary to exercise or protect such a right.
The Private Body will process the request within 30 days unless the requester has stated a special reason that would satisfy the Information Officer that circumstances dictate that the above periods are not complied with.
The requester shall be informed whether access has been granted or denied. If, in addition, the requester requires the reason for the decision in any other manner, he/she must state the manner and the particulars so required.
If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requester making the request, to the reasonable satisfaction of the Information Officer.
If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.
The requester must pay the prescribed fee before any further processing can take place.
The Act provides for two types of fees, namely:
When the Information Officer receives the request, such Officer shall by notice require the requester, other than a personal requester, to pay the prescribed request fee (if any) before any further processing of the request.
If the search for the record has been made in the preparation of the record for disclosure, including arrangements to make it available in the requested form, and it requires more than the hours prescribed in the regulation for this purpose, the Information Officer shall notify the requester to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted.
The Information Officer shall withhold a record until the requester has paid the Fees as indicated in Appendix 2.
A requester, whose request for access to a record has been granted, must pay an access fee for reproduction and for search and preparation, and for any time reasonably required more than the prescribed hours to search for and prepare the record for disclosure, including making arrangements to make it available in the requested form.
If a deposit has been paid in respect of a request for access, which is refused, then the Information Officer concerned must repay the deposit to the requester.
The main grounds for the Private Body to refuse a request for information relate to the:
Mandatory protection of the privacy of a third party that is a natural person that would involve the unreasonable disclosure of personal information of that natural person.
Mandatory protection of the commercial information of a third party, if the record contains:
Mandatory protection of confidential information of third parties if it is protected in terms of any agreement.
Mandatory protection of confidential information of the protection of property.
Mandatory protection of records that would be regarded as privileged in legal proceedings.
The commercial activities of the Private Body, may include:
The research information of the Private Body or a third party, if its disclosure would reveal the identity of the Private Body, the researcher, or the subject matter of the research and would place the research at a serious disadvantage.
Requests for information that are frivolous or vexatious, or which would involve an unreasonable diversion of resources shall be refused.
The Private Body does not have an internal appeal procedure. As such, the decision made by the Information Officer is final, and requesters will have to exercise such external remedies at their disposal if the request for information is refused, and the requester is not satisfied with the answer supplied by the Information Officer.
A requester who is dissatisfied with an information officer’s refusal to disclose information, may within 30 days of notification of the decision, apply to a Court for relief.
Likewise, a third party dissatisfied with an Information Officer’s decision to grant a request for information, may within 30 days of notification of the decision, apply to a Court for relief. A Court for relief is a Court of Law as referred to in The Act or any other Court of similar status.
The Private Body will within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.
The 30-day period within which the Private Body must decide whether to grant or refuse the request may be extended for a further period of not more than thirty days if the request is for a large amount of information, or the request requires a search for information held at another office of the Private Body and the information cannot reasonably be obtained within the original 30-day period. The Private Body will notify the requester in writing should an extension be sought.
PRESCRIBED FORM TO BE COMPLETED BY A REQUESTER
(Section 53(1) of the Promotion of Access to Information Act, no 2 of 2000)
The Head: ______________________________________________________
Full Name and Surname: ___________________________________________
Identity Number: _________________________________________________
Postal Address: ___________________________________________________
Telephone Number: _______________________________________________
Fax Number: _____________________________________________________
E-mail address: ___________________________________________________
Capacity in which a request is made if made on behalf of another person:
This section must be completed only if the request for information is made on behalf of another person.
Full Names: ______________________________________________________
Identity Number: __________________________________________________
D. Particulars of record:
a) Provide full particulars of the record to which access is requested, including the reference number if it is known to you, to enable the record to be located.
b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
Description of the record or relevant part of the record:
Reference number, if available: ______________________________________
Any further particulars of the record:
Reason for exemption from payment of the fee:
If you are prevented by a disability to read, view, or listen to the record in the form of access provided for in 1 to 4 here under, state your disability and indicate in which form the record is required.
Form in which record is required:
Mark the appropriate box with an “X” NOTES:
a) Your indication as to the required form of access depends on the form in which the record is available.
b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.
1. If the record is in written or printed form:
Copy of record*
2. If the record consists of visual images:
(This includes photographs, slides, video recordings, computer-generated images, sketches, etc.)
View the Copy of the Transcription of the images* images images*
3. If the record consists of recorded words or information that can be reproduced in sound:
Listen to the soundtrack
Transcription of soundtrack*(written or printed document)
4. If the record is held on a computer or in an electronic or machine-readable form:
Printed copy of record
Printed copy of the information
derived from the record*
Copy in computer-readable form*(stiffy or compact
*If you requested a copy or transcription of a record(above), do you want the copy or transcription to be posted to you?
If the provided space is inadequate, please continue on a separate folio and attach it to this form the requester must sign all the additional folios.
Indicate which right is to be exercised or protected:
Explain why the requested record is required for the exercising or protection of the right:
You will be notified in writing whether your request has been approved/denied. If you wish to be informed thereof in another manner, please specify the manner, and provide the necessary particulars to enable compliance with your request.
How would you prefer to be informed of the decision regarding your request for access to the record?
Signed at ________________ this day of _____________________200______
SIGNATURE OF REQUESTER/PERSON ON WHO’S BEHALF REQUEST IS MADE
Where the requested document appears in the appendix 1, i.e., the Private Body has voluntarily provided the Minister with a list of categories of records that will automatically be made available to any person requesting access thereto, the only charge that may be levied for obtaining such records, shall be a fee for reproduction of the record in question.
THE APPLICABLE FEES FOR REPRODUCTION AS REFERED TO ABOVE ARE:
part thereof R 40 – 00
or part thereof R 20 – 00
Where a requester submits a request for access to information held by a Private Body or a person other than the requester him – / herself, a request fee in the amount of R50-00 is payable up-front before the Private Body will further process the request received.
An access fee is payable in all instances where a request for access to information is granted, except in those instances where payment of the access fee is specifically excluded in terms of an exclusion as determined by the Minister in terms of Section 54 (8) of the Act.
The access fees that will be payable are:
▪ For every photocopy of an A4-size page or part thereof
▪ For every printed copy of an A4-size page or part thereof
R 1 – 10
held on a computer or in electronic or machine-readable form.
▪ For a copy in computer-readable form on:
R 0 –75
– Stiffy disc
R 7 –50
– Compact disc
▪ A transcription of visual images, for an A4-size page
R 70 –00
or part thereof
▪ For a copy of visual images
▪ A transcription of an audio record, for an A4-size page or part thereof
▪ For a copy of an audio record
▪ To search for a record that must be disclosed (per hour or
Part of an hour reasonably required for such search)
*Where a copy of a record must be posted the actual postal fee is payable.
Where the Private Body receives a request for access to information on a person other than the requester him- / herself and the Information Officer upon receipt of the request is of the opinion that the preparation of the required record of disclosure will take more than 6 (six) hours, a deposit is payable by the requester.
The amount of the deposit is equal to one third of the amount of the applicable access fee.
Note: In terms of Regulation 8, Value Added Tax (VAT)must be added to all fees prescribed in terms of the Regulations.
The manual of the Private Body is available at the premises of the Private body as well as on the website of the Private Body.
Signed by: ___________________________