Morvest Business Group Ltd

PROMOTION OF ACCESS TO INFORMATION ACT

SECTION 51 MANUAL

Introduction

This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, 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.

This manual applies in respect of each member of Morvest Business Group Ltd as set out in this manual and as Morvest Business Group Ltd may change from time to time. The Information Officer named below is appointed in respect of Morvest Business Group Ltd and each of the private bodies constituting Morvest Business Group Ltd.

1          Morvest BUSINESS GROUP LTD OVERVIEW

Black empowered Morvest Business Group Ltd, listed on JSE since 2004, provides Business Support Services (including Professional Services and Outsourcing Solutions) and ICT Solutions to a blue-chip customer base in the public and private sectors. The group partners with global leaders including Intergraph, Oracle and Microsoft. With a staff complement of over 2 000, and an international footprint Morvest Business Group Ltd is well positioned to partner with businesses across the range of scale and industry.

Morvest Business Group Ltd supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.

2          Availability of this manual

The Manual is obtainable from our head office, the South African Human Rights Commission (“SAHRC”) at the addresses set out below or from the Government Printers. This Manual will be updated from time to time, as and when required.

3          How to request access to records held by MORVEST BUSINESS GROUP LTD

Requests for access to records held by Morvest Business Group Ltd  must be made on the request forms that are available from the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”).

A request fee may be payable. You can submit a request without paying the request fee, but please note that payment of the prescribed fees must be made before the request will be processed. The fees for reproduction referred to in section 52(3) of the Act. See attached form Annexure B for fees charged.

Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below.

The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

Where you know which company in Morvest Business Group Ltd holds the record/s you are requesting, please indicate this fact. Where you are unsure which company holds the record/s please provide as much detail as possible about the record to facilitate our search and to avoid any possible delays.

The requester must identify the right that he or 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 a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer of Morvest Business Group Ltd.

The standard form that must be used is shown in Annexure B Form C which is obtainable from the Government Gazette no. 23119 dated 15 February 2002. Not using this form could cause your request to be refused (if you do not provide sufficient information or otherwise) or delayed. (See Form C Attached at the back of this manual).

Kindly note that all requests to Morvest Business Group Ltd will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by Morvest Business Group Ltd does not give rise to any rights (in contract or otherwise) to access such information or records, except in terms of the Act.

 4          Contact details 

5          HOW TO ACCESS The Guide as described in section 10 of the Act

The Guide described in Section 10 of the Act is available from the South African Human Rights Commission. Please direct any queries to:  

The South African Human Rights Commission: PAIA Unit

The Research and Documentation Department

Postal address:               Private Bag 2700

Houghton, 2041

Telephone:                      +27 11 484-8300

Fax:                                +27 11 484-7146

Website:                          www.sahrc.org.za

E-mail:                            paia@sahrc.org.za

 6          VOLUNTARY DISCLOSURE

Morvest Business Group Ltd has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the information relating to Morvest Business Group Ltd and its services is freely available at Morvest Business Group Ltd head office.

Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time.

7          Records available in terms of any other legislation

Information is available in terms of the following legislation to the persons or entities specified in such legislation: Refer to Annexure A.

8          Records held by MORVEST BUSINESS GROUP LTD

Morvest Business Group Ltd maintains records on the categories and subject matters listed below. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case-by-case basis in accordance with the provisions of the Act.

In addition, please note that each company within the Morvest Business Group Ltd does not hold records in respect of every category and subject matter listed here. If you are uncertain which entity holds the relevant record, please provide the Information Officer with as much detail as possible to minimise potential delays.

8.1             Internal records

The following are records pertaining to Morvest Business Group Ltd own affairs and those of its divisions, subsidiary and associated companies:

• Memorandum and Articles of Association;
• Financial records;
• Operational records;
• Licences;
• Intellectual property;
• Marketing records;
• Internal correspondence;
• Product records;
• Statutory records;
• Internal policies and procedures; and
• Records held by officials of Morvest Business Group Ltd.

8.2             Personnel records

‘Personnel’ refers to any person who works for or provides services to or on behalf of the Morvest Business Group Ltd and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Morvest Business Group Ltd.  This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following: 

• Any personal records provided to Morvest Business Group Ltd by their personnel;
• Any records a third party has provided to Morvest Business Group Ltd about any of their personnel;
• Conditions of employment and other personnel-related contractual and quasi-legal records;
• Internal evaluation records;  and
• Other internal records and correspondence.

8.3             Customer records

Please be aware that Morvest Business Group Ltd is very concerned about protecting the confidential information of its customers. Please motivate any request for customer information very carefully, having regard to Sections 63 to 67 of the Act.

Customer records include the following:

• Any records a customer has provided to Morvest Business Group Ltd or a third party acting for or on behalf of Morvest Business Group Ltd;
• Contractual information;
• Customer needs assessments;
• Personal records of customers;
• Credit information and other research conducted in respect of customers;
• Any records a third party has provided to Morvest Business Group Ltd about customers;
• Confidential, privileged, contractual and quasi-legal records of customers;
• Customer evaluation records;
• Customer profiling;
• Performance research conducted on behalf of customers or about customers;
• Any records a third party has provided to Morvest Business Group Ltd either directly or indirectly;  and
• Records generated by or within Morvest Business Group Ltd pertaining to customers, including transactional records.

8.4             Other information as may be prescribed

Further records are held including:

• Information relating to Morvest Business Group Ltd own commercial activities;
•  Research carried out on behalf of a client by Morvest Business Group Ltd or commissioned from a third party for a customer; and
• Research information belonging to Morvest Business Group Ltd, whether carried out itself or commissioned from a third party.

8.5             Other Records

Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to Morvest Business Group Ltd. The following records fall under this category:

• Personnel, customer or Morvest Business Group Ltd records which are held by another party as opposed to being held by Morvest Business Group Ltd; and
• Records held by Morvest Business Group Ltd pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.

 LEGISLATION                                                                                                  Annexure A

(Please note that the following is not a complete list of legislation covered under this manual)

 Administration of Estates Act, No. 66 of 1965

Basic Conditions of Employment Act No 75 of 1997

Companies Act No 71 of 2008

Compensation for Occupational Injuries and Health Diseases Act No. 130 of 1993

Consumer Affairs (Unfair Business Practices) Act No. 71 of 1988

Copyright Act No. 98 of 1978

Debtor Collectors Act No. 114 of 1998

Employment Equity Act No. 55 of 1998

Finance Act No. 2 of 2007

Income Tax Act No. 58 of 1962

Insolvency Act No. 24 of 1936

Labour Relations Act No. 66 of 1995

Long Term Insurance Act No. 52 of 1998

Medical Schemes Act No. 131 of 1998

Occupational Health and Safety Act No. 85 of 1993

Pension Funds Act No. 24 of 1956

Postal Services Act 1998

Short Term Insurance Act No. 53 of 1998

Skills Development Levies Act No. 9 of 1999

Skills Development Act No. 97 of 1998

Tax on Retirement Funds Act No. 38 of 1996

Unemployment Insurance Act No. 63 of 2002

Usury Act No. 73 of 1968

Value Added Tax Act No. 89 of 1991

Fees in respect of Private Bodies                                                                      Annexure B

 1)        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.

 2)        The fees for reproduction referred to in regulation 11(1) are as follows :

 3)        The request fee payable by every requester, other than a personal requester, referred to in regulation 11(2) is R50.00.

 4)        The access fees payable by a requester referred to in regulation 11(3) are as follows: 

 (2)       The actual postage is payable when a copy of a record must be posted to a requester.