THE PROMOTION OF ACCESS TO INFORMATION MANUAL ("MANUAL")
THE SWATCH SOUTH AFRICA (PROPRIETARY) LIMITED ("SWATCH")
THIS MANUAL HAS BEEN COMPILED IN COMPLIANCE WITH THE PROVISIONS OF THE PAIA ACT (NO. 2 OF 2000) ("THE ACT") AND LISTS THE RECORDS IN THE POSSESSION OF THE SWATCH SOUTH AFRICA (PROPRIETARY) LIMITED.
TABLE OF CONTENTS
Clause number and description
- Introduction. 2
- Details of the Private Body (Section 51(1)(a)). 2
- Overview of section 51(1) (b) of the Act 2
- The South African Human Rights Commission Guide to the Act 3
- Availability of the Manual 3
- Records held in terms of applicable Legislation (Section 51(1)(d)). 3
- Records held as a matter of standard practice (Section 51(1)(e)). 4
- Making a request in terms of the Act 4
- Grounds for Refusal 5
- The Information Officer’s Decision and Requester’s Recourse. 6
- Prescribed Fees. 6
Swatch is a watch manufacturer who designs, makes and sells Swiss made watches.
2. Details of the Private Body (Section 51(1)(a))
|Name of Business||SWATCH SOUTH AFRICA (PROPRIETARY) LIMITED|
|Head of Private Body||Luigi Solimeo|
|Information Officer||Brett Canin|
|Street Address||Fourth Floor, 85 Grayston Drive, Morningside, Sandton, 2196|
PO Box 783411
|Telephone||011 911 1200|
3. Overview of section 51(1) (b) of the Act
3.1. The Act grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.
3.2. Requests in terms of the Act shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 6 and 7 of the Act
3.3. Requesters are referred to the Guide in terms of Section 10 which has been compiled by the South African Human Rights Commission (“SAHRC”), which will contain information for the purposes of exercising Constitutional Rights. The Guide is available from the SAHRC.
4. The South African Human Rights Commission Guide to the Act
The Act requires the South African Human Rights Commission to compile a guide to be available in each official language, to assist individuals in understanding how to exercise their rights contained in Act. The guide will describe the objects of the Act and generally how to go about making use of the provisions in the Act.
Any queries regarding this guide can be addressed directly to the SAHRC at:
The South African Human Rights Commission
Private Bag 2700
Tel: +(27) 011 484 8300
Fax: (+27) 011 484 0582
5. Availability of the Manual
This Manual is available for inspection at Swatch’s offices free of charge. Copies of the Manual may be obtained subject to payment of the prescribed fees.
6. Records held in terms of applicable Legislation (Section 51(1)(d))
Swatch is required by law to keep certain records. These records must be kept in terms of different Acts of Parliament. Swatch holds certain records in terms of Acts of Parliament as set forth in Annexure "A" hereto.
7. Records held as a matter of standard practice (Section 51(1)(e))
Swatch keeps certain records in the conduct of its day to day business and as a matter of standard practice. Swatch holds the categories of records set forth in Annexure "B" hereto.
8. Records which are automatically available without having to make a request in the prescribed form
8.1. The following information may be obtained from Swatch’s offices, subject to the payment by the requestor of reasonable expenses incurred by Swatch in
making this information available:
8.1.1. public product information – freely available on our websites;
8.1.2. public corporate records;
8.1.3. media releases;
8.1.4. BEE Certificates;
8.1.5. product information;
8.1.6. published financial records which are generally available to the public.
9. Making a request in terms of the Act
9.1. The first step in the process is to obtain Request Form – C (see below).
9.2. You will be able to get the form together with a list of applicable fees from Swatch’s office in Johannesburg, indicated in paragraph 2 above. These fees must be paid before access to a record will be allowed. You will be informed of the amount of your fees once you have submitted your request. The Minister may exempt certain persons from having to pay the fees referred to in the Act. To date, no such exemptions have been published.
9.3. Once you have filled in the form you need to submit it to the Information Officer at the postal address, fax number or electronic mail address listed above.
9.4. If the record you have requested exists and allowing access to it does not affect a third party your request will be processed within 30 days.
9.5. This period may be extended ONCE for a further 30 days if:
9.5.1. the request is for a large number of records or requires a search through a large number of records and compliance with the original period would reasonably interfere with the activities of Swatch;
9.5.2. the request requires a search for records in, or collection thereof from, an office of Swatch not situated in Johannesburg and this search cannot reasonably be completed within the original 30 days;
9.5.3. consultation among offices of Swatch or with another private body is necessary or desirable to decide upon the request and this consultation cannot reasonably be completed within the original period;
9.5.4. more than one of the circumstances contemplated in paragraphs 9.5.1, 9.5.2 and 9.5.3 exist in respect of the request making compliance with the original period not reasonably possible; or
9.5.5. you, as the requester, consent in writing to such extension.
10. Grounds for Refusal
10.1. There are various grounds upon which your request for access to a record may be refused. They are:
10.1.1. The protection of personal information of a third person (who is a natural person) from unreasonable disclosure;
10.1.2. The protection of commercial information of a third party. (For example trade secrets; financial, commercial, scientific or technical information that may harm the commercial or financial interests of a third party);
10.1.3. Refusing access to a record if disclosure would result in the breach of a duty of confidence owed to a third party;
10.1.4. Refusing access to a record if it would jeopardise the safety of an individual or prejudice or impair certain property rights of a third person;
10.1.5. Refusing access to a record that was produced during legal proceedings, unless that legal privilege has been waived;
10.1.6. Refusing access to a record containing trade secrets, financial or sensitive information or any information that would put Swatch at a disadvantage in negotiations or prejudice it in commercial competition; and/or
10.1.7. Refusing access to a record containing information about research being carried out or about to be carried out on behalf of a third party or by Swatch.
10.2. Section 70 of the Act contains an overriding provision. Disclosure is compulsory if it would reveal a substantial contravention of, or failure to comply with the law, or imminent and serious public safety or environmental risk AND the public interest in the disclosure of the record clearly outweighs the harm contemplated by its disclosure.
10.3. If your request does affect a third party then we will first need to inform the third party within 21 days of us receiving your request. By this we mean that if the record you request affects any third party in any way, that third party will have to be informed that you are requesting access to the above record.
10.4. The third party then has 21 days to make representations and/or submissions regarding the granting of access to the record.
11. The Information Officer’s Decision and Requester’s Recourse
11.1. Once the Information Officer of Swatch has heard all the submissions, he or she will make a decision as to whether or not access to the record will be granted. You must then be granted access to the record within thirty days of being informed of the decision.
11.2. If the Information Officer does not grant you access to the record you are entitled to appeal the decision. You must receive proper reasons as to why the request was refused. You need to lodge your appeal in the High Court.
11.3. If the Information Officer does decide to grant you access to the record, the third party that has been affected has 30 days in which to appeal the decision – also in the High Court. If no appeal is lodged within 30 days, you must be granted access to the record.
12. Prescribed Fees
The following applies to requests (other than personal requests)
12.1. A requester is required to pay the prescribed fees (R50,00) to Swatch before a request will be processed.
12.2. If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted)
12.3. A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit.
12.4. Records may be withheld until the fees have been paid.
Fees in respect of private bodies
12.5. The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof.
12.6. The fees for reproduction referred to in regulation 11(1) are as follows:
12.6.1. for every photocopy of an A4-size page or part thereof R1,10
12.6.2. for every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form R0,75
12.6.3. for a copy in a computer-readable form on -
18.104.22.168. stiffy disk R7,50
22.214.171.124. compact disk R70,00
126.96.36.199. transcription of visual images / an A4-size page R40,00
188.8.131.52. copy of visual images R60,00
184.108.40.206. transcription of audio images / an A4-size page R20,00
220.127.116.11. copy of audio images R30,00
12.7. The access fees payable by a requester referred to in regulation 11(3) are as follows:
12.7.1. for every photocopy of an A4-size page or part thereof R1,10
12.7.2. for every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form R0,75
12.7.3. for a copy in a computer-readable form on –
18.104.22.168.stiffy disk R7,50
22.214.171.124. compact disk R70,00
126.96.36.199. transcription of visual images / an A4-size page R40,00
188.8.131.52. copy of visual images R60,00
184.108.40.206. transcription of audio images / an A4-size page R20,00
220.127.116.11. copy of audio images R30,00
12.8. To search for and prepare the record for disclosure, for each hour of part thereof reasonably required for such search and preparation R30,00
12.9. For purposes of section 54(2) of the Act, the following applies:
12.9.1. six hours as the hours to be exceeded before a deposit is payable; and
12.9.2. one third of the access fee is payable as a deposit by the requester.
12.10. The actual postage is payable when a copy of a record must be posted to a requester.
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act, 2000
(Act No. 2 of 2000)
A. Particulars of private body
B. Particulars of person requesting access to the record
(a) The particulars of the person who requests access to the record must be given below.
(b) The address and/or fax number in the Republic to which the information is to be sent must be given.
(c) Proof of the capacity in which the request is made, if applicable, must be attached.
(a) Full names and surname:
(b) Identity number:
(c) Postal address:
(d) Fax number:
(e) Telephone number:
(f) E-mail address:
Capacity in which request is made, when made on behalf of another person:
C. Particulars of person on whose behalf request is made
This section must be completed ONLY if a request for information is made on behalf of another person.
Full names and surname:
D. Particulars of record
(g) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
(h) 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.
1 Description of record or relevant part of the record:
2 Reference number, if available:
3 Any further particulars of record:
(a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
(b) You will be notified of the amount required to be paid as the request fee.
(c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.
(d) If you qualify for exemption of the payment of any fee, please state the reason for exemption.
Reason for exemption from payment of fees:
F. Form of access to record
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 hereunder, state your disability and indicate in which form the record is required.
Form in which record is required:
|Form in which record is required|
Mark the appropriate box with an X.
(a) Compliance with your request in the specified form may depend 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 for 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*||inspection of record|
2. If record consists of visual images
(this includes photographs, slides, video recordings, computer-generated images, sketches, etc)
|view the images||copy of the images"||transcription of the images*|
|3. If record consists of recorded words or information which can be reproduced in sound:|
|listen to the soundtrack audio cassette||transcription of soundtrack* written or printed document|
|4. If record is held on computer or in an electronic or machine-readable form:|
|printed copy of record*||printed copy of information derived from the record"||copy in computer readable form*(stiffy or compact disc)|
'If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you?
Postage is payable.
G. Particulars of right to be exercised or protected
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.
1. Indicate which right is to be exercised or protected:
2. Explain why the record requested is required for the exercise or protection of the aforementioned right:
H. Notice of decision regarding request for access
You will be notified in writing whether your request has been approved/denied. If you wish to be informed 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 …………………………….21
SIGNATURE OF REQUESTER / PERSON ON WHOSE BEHALF REQUEST IS MADE
ANNEXE A - RECORDS KEPT BY SWATCH IN TERMS OF APPLICABLE LEGISLATION SECTION 51(1)(D)
Swatch keeps information / documents in accordance with the following legislation (please note that this is not an exhaustive list):
- The Companies Act 61 of 1973
- The Employment Equity Act 55 of 1998
- The Basic Conditions of Employment Act 75 of 1997
- Compensation for Occupational Injuries and Diseases Act 130 of 1993
- Income Tax Act 58 of 1962
- Occupational Health and Safety Act 85 of 1993
- Value Added Tax Act 89 of 1991
- The Skills Development Act 97 of 1998
- South African Reserve Bank Act 90 of 1989;
- Labour Relations Act 66 of 1995;
- Unemployment Insurance Act 63 of 2001;
- Unemployment Insurance Contributions Act 4 of 2002;
- Copyright Act 98 of 1978;
- Trade Marks Act 194 of 1993;
- Arbitration Act 42 of 1965;
- Consumer Protection Act 68 of 2008;
- Electronic Communications and Transactions Act 25 of 2002;
- Protection of Personal Information Act 4 of 2013;
ANNEXE B RECORDS KEPT BY SWATCH AS A RESULT OF GENERAL PRACTICE SECTION 51(1)(E)
The Swatch Webpage http://www.swatchgroup.com/en/ accessible to anyone with access to the internet, has the following information:
- Group profile (including but not limited to strategy, footprint, history, directors, and management);Operational Structures;
- Investor Centre (including but not limited to current information, results centre, financial reporting, shareholder information and contact information);
- Governance and sustainability (including but not limited to sustainable focus, remuneration, people, environment and policies);
- Media (press releases, logo library).
The documents / information listed herein below pertain to the day-to-day management of the business of Swatch:
- Standard Employment Contracts and Employment Records
- Employment Equity Plan & Report
- Personnel Report
- Staff Handbook
- Human Resources Policies and Procedures
- List of Trademarks and Pending Applications
- Insurance Policies
- Rules and Regulations relating to Pension and Provident funds
- Documentation with regard to Share Option Schemes
- Commercial Contracts
- Company Policies
- Constitutive Documentation
- Statutory Records
- Financial Records
- Customer Records
- Supplier and Services Records
- Legal Documentation