THE PROMOTION OF ACCESS TO INFORMATION ACT
The Promotion of Access to Information Act, 2 of 2000, gives effect to the constitutional right of access to any
information held by private bodies that is required for the exercise or protection of any rights.
SECTION 51 MANUAL FOR B-SURE BONDS (PTY LTD)
|2. CONTACT DETAIL||3|
|3. HUMAN RIGHTS COMMISSION GUIDELINE||3|
|4. WHO MAY REQUEST INFORMATION||4|
|5. CATEGORIES OF RECORDS||4|
|5.1 Personnel Records||5|
|5.2 Client related Records||5|
|5.3 B-Sure Africa Insurance Brokers Records||5|
|5.4 Other Party Records||5|
|6. ACCESS TO A RECORD||5|
|6.1 Prescribed Access Form||6|
|6.2 Prescribed Fee||6|
|6.3 Request Procedure||7|
|6.4 Grounds for refusal of access of records||8|
|6.5 Records that cannot be found or do not exist||8|
|7. DECISION ON REQUEST AND NOTICE THEREOF||8|
|8. THIRD PARTY NOTIFICATION AND INTERVENTION||8|
|9. RIGHTS OF APPEAL||8|
|10. RIGHTS OF APPEAL||8|
This manual on access to information held by B-Sure Bonds (Pty) Ltd, hereinafter referred to as “BSure”, is compiled in terms of section 51 of the Promotion of Access to Information Act (hereafterreferred to as “the Act”).
The object of the Act is to give 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; and to provide for matters connected therewith.
2.CONTACT DETAILS AND GENERAL INFORMATION
The following contact details can be used to obtain information from B-Sure in accordance with the Act
and this manual. B-Sure conducts its business from a centralised office situated in Bedfordview,
086 123 7653
Po Box: 753352, Gardenview, 2047
11b Riley Road, East Wood Office Park, B-Sure Corner, Bedfordview 2007
3.HUMAN RIGHTS COMMISSION GUIDELINE
In terms of section 10 of the Act, the South African Human Rights Commission (“SAHRC”) is responsible
for developing a guide containing a description of the aims of the Act, the contact details of the
information officers of all the public bodies, particulars of the public bodies, the manner of access to the
records of those public bodies and the remedies available in law regarding a breach of any of the
provisions of the Act. This guide is available in hard copy from the SAHRC or can be accessed on their
website. The details are as follows:
+27 (11) 877 3600
Private Bag: X2700 Houghton, 2041
Braampark Forum, 333 Hoofd Street, Braamfontein 2017
4. WHO MAY REQUEST INFORMATION
Any person may request access to information from B-Sure, in terms of section 50(1) of the Act, provided that:
• The record is required for the exercise or protection of any rights.
• The requestor complies with the procedural requirements defined in the Act relating to a request for access to that record; and
• Access to the record is not refused in terms of any ground for refusal contemplated in the Act.
5. CATEGORIES OF RECORDS
All information held by B-Sure is classified and grouped according to records relating to the following subjects and categories:
5.1 Personnel Records
Records which contain information of employees that include:
• Any personal records provided to B-Sure by the employee/personnel,
• Any records a third party has provided B-Sure about its personnel, and
• Conditions of employment and other employee-related contractual and quasi-legal records.
5.2 Client related Records
Records which contain information of clients (any natural or juristic entity) that receive a service from B-Sure that include:
• Any records a client has provided to B-Sure or to a third party acting for and on behalf of B-Sure,
• Any records a third party has provided to B-Sure, and
• Records generated by or within B-Sure pertaining to its clients
5.3 Other Party Records
Records pertaining to other parties held by B-Sure or vice versa. Other parties include, but are not limited to suppliers, service providers and subsidiary/holding/sister companies.
5.4 B-Sure Records
Records that include, but are not limited to, information relating to:
• Financial Reports
• Operations (sales, client services and claims)
• Complaints procedures
• Internal policies and procedures
Each request will be evaluated on its own merits and should a request be made for records that fall under any of the categories of exemption, such a request will be refused.
6.1 Prescribed Access Form
Any person who wishes to request information from B-Sure with the aim of protecting or exercising a right may contact the information officer as described under paragraph 2 above.
In order for the request to be entertained, the request must be received by the information officer on the prescribed form. The prescribed time periods will not commence until all pertinent information has been furnished to B-Sure by the requestor.
Refer to Form A to this manual for the format of the prescribed form.
6.2 Prescribed Fee
In terms of section 54 of the Act, unless it is a personal request, a request fee will be levied as prescribed before any further processing is made. Herein below is a list of applicable fees.
A personal request means a requestor seeking access to a record containing personal information that concerns them. The only fee applicable and payable for access to records is a fee for the reproduction of records.
B-Sure may withhold a record until the request fee has been paid.
TABLE OF FEES IN RESPECT OF PRIVATE BODIES
|Electronic PDF copy of the Manual||Free|
|Posted Paper Copy of the Manual||R15.00|
|Request Fee (Other than a personal requestor)||R50.00|
|Posted Paper Copy of the Manual||R0.75 per page|
|Reproduce: Electronic Record Format: A4||R0.75 per page|
|Access Fee: Photocopy Record Format: A4||R1.10 per page|
|Reproduce fee: Photocopy Record Format: A4||R1.10 per page|
|Access Fee: Transcription of Audio record: A4||R20.00 per page|
|Reproduce Fee: Transcription of Audio record: A4||R20.00 per page|
|Access Fee: Copy of Audio record||R30.00|
|Access to or Record on Compact Disc||R70.00|
|Access Fee: Transcription of Visual Images: A4||R40.00 per page|
|Reproduce Fee: Transcription of Visual Images: A4||R40.00 per page|
|Access Fee: Copy of Visual Image||R60.00|
|Reproduction Fee: Copy of Visual Image||R60.00|
6.3 Request Procedure
The requester must use the prescribed form, annexure A to this manual, to make the request for access to a record. This must be made to the head of the private body. This request must be made to the address or electronic mail address of the body concerned. 7
The requester must provide sufficient detail on the request form to enable the head of the private body 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 is to be used to inform the requester and state the necessary particulars to be so informed.
The requester must identify the right that is sought to be exercised or to be protected 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 another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body.
6.4 Grounds for refusal of access of records
B-Sure reserves its right to refuse and or grant access to records in accordance with Chapter 4 of the Act. The grounds upon which B-Sure could refuse access to records are:
• Mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person,
• Mandatory protection of the commercial information of a third party, where the requested record/s contain:
- Trade secrets of that third party;
- Financial, commercial, scientific or technical information, the disclosure of which would cause harm to the financial or commercial interests of that third party;
- Information disclosed in confidence by a third party to the institution if the disclosure of such information could put that third party at a disadvantage in negotiations or commercial competition.
• Mandatory protection of confidential information of third parties, if it is protected in terms of any agreement.
• Mandatory protection of the safety of individuals and the protection of property;
• Mandatory protection of records which are regarded as privileged in legal proceedings.
• Protection of the commercial activities of B-Sure, which include:
- Trade secrets;
- Financial, commercial, scientific or technical information, the disclosure of which would harm the financial or commercial interests of B-Sure;
- Information which, if disclosed, could put B-Sure at a disadvantage in negotiations or commercial competition;
- Computer programs and related information technology software owned by B-Sure and protected by copyright.8
- Research information compiled by B-Sure or a third party, if its disclosure would place
the research at a serious disadvantage
6.5 Records that cannot be found or do not exist
In terms of section 55 of the Act, B-Sure will after all reasonable steps have been taken to find the record requested notify the requester as prescribed by affidavit or affirmation should the record not be found or, does not exist.DECISION ON REQUEST AND NOTICE THEREOF
In terms of section 56 of the Act, B-Sure will notify the requestor as soon as reasonably possible within
30 days of receipt of a correctly completed request of the decision as to whether or not to grant the
The 30-day period within which the Information Officer has to decide whether to grant or refuse the
request, may be extended for a further period of not more than 30 days, if the request is made for a
large amount of information, or the request requires a search for information held at another office and
the information cannot reasonably be obtained within the original 30-day period.
8. THIRD PARTY NOTIFICATION AND INTERVENTION
If the request is for a record pertaining to third parties, the Information Officer must take all reasonable steps to notify the relevant third party of the request. This must be done within 21 days of receipt of the request. The third party may within 21 days thereafter either makes representation to B-Sure as to why the request should be refused; alternatively, such third party, can grant written consent to the disclosure of the record.
9. RIGHTS OF APPEAL
A requestor that is dissatisfied with the Information Officer’s refusal to grant access to any information may, within 30 days of notification of the decision, apply to court for relief. Likewise, a third party dissatisfied with the Information Officer’s decision to grant a request may, within 30 days of notification of the decision, apply to court for relief.
10. AVAILABILITY OF THE MANUAL
The manual is available for inspection at the office of B-Sure, free of charge, or a copy can be
sourced from B-Sure’s website.
REQUEST FOR ACCESS TO A RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act, 2 of 2000)
The Information Officer
11b Riley Road
East Wood Office Park, Bedfordview 2007