Gen2 Enterprise Software SA (Pty) Ltd
Gen2 Enterprise Services SA (Pty) Ltd
MANUAL IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS
TO INFORMATION ACT 2 OF 2000 ("The Act")
The Act gives effect to the constitutional right of access to any information held by the state or by any other person where such information is required for the exercise or protection of any right.
To this end, the Act requires public and private bodies to compile manuals that provide information on records held by such public and private bodies.
Gen2 is a private body for purposes of the Act and this document serves as its manual in terms
of the Act. A copy is available on this website and can also be accessed from Gen2's offices.
The Gen2 companies are private and incorporated in terms of the company laws of the Republic
of South Africa under registration numbers 2006/034300/07 and 2000 / 013356 / 07.
The main business of Gen2 is to supply financial and other software and consulting services to clients.
2. PARTICULARS IN TERMS OF SECTION 51
2.1. Contact Details - [Section 51(1)(a)]
The Chief Information Officer of Gen2 is:
Mr. Diederik Jordaan
Postal Address: Post net Suite 241, Private Bag X132, Centurion, 0046.
Physical Address: 8 Sycamore Street, Zwartkop, Centurion, 0157.
Telephone Number: +27 12 663 5221
Fax Number: +27 86 654 7072
2.2. The Section 10 Guide [Section 51(1)(b)]
The South African Human Rights Commission will compile a guide on the use of the Act. This guide will be available from the South African Human Rights Commission at the following address:
Private Bag X2700, Houghton 2041
Tel: (011) 484-8300
Fax: (011) 484-0582
2.3. Records Automatically Available - [Section 51(1)(c)]
No records are automatically available to the public.
2.4. Records available in accordance with other legislation [Section 51(1)(d)]
Gen2 has records available in accordance with the following legislation:
The Value Added Tax Act 89 of 1991;
Income Tax Act 58 of 1962;
Companies Act 71 of 2008;
Basic Conditions of Employment Act 75 of 1997;
Compensation for Occupational Injuries and Diseases Act 130 of 1993;
Employment Equity Act 55 of 1998;
Labour Relations Act 66 of 1995;
Skills Development Levies Act 55 of 1998;
Trade Marks Act 194 of 1993;
Unemployment Insurance Act 30 of 1966; and
Skills Development Act 97 of 1998.
2.5. A Description of the Subjects of the Records Held by Gen2 and the Categories in which these Subjects are Classed- [Section 51(1)(e)]
2.5.1. Companies Act Records
Documents of incorporation
Memorandum and Articles of Association
Minutes of Board of Directors meetings
Records relating to the appointment of directors/ auditor/ secretary/ public officer and other officers
Share Register and other statutory registers and returns
2.5.2. Financial Records
Annual Financial Statements
Electronic banking records
2.5.3. Income Tax Records
Documents issued to employees for income tax purposes
Records of payments made to SARS on behalf of employees
All other statutory compliances:
Skills Development Levies
2.5.4. Personnel Documents
Employee benefits arrangements rules and records
Medical Aid records
Policies and procedures
2.5.5. Commercial records
3. The processes and procedures for requesting information or records- [Section 51(1)(e)]
The requester must use the prescribed form to make the request for access to a record.
The request must be made to the Managing Director whose contact details are set out above.
The request must be made to the address, fax number or electronic mail address set out above.
The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requestor should also indicate which form of access is required. The requestor should also indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
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 another person, the requester must submit proof of the capacity in which the requestor is making the request, to the satisfaction of the Managing Director.
The Information Officer shall notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request.
In the event that Gen2 refuses to give the requester access to requested records, the requester may lodge an application with a court of law for Gen2 to be ordered to give the requester access to the requested records. If the court orders Gen2 to grant the requester access to the requested records, the requester must pay a further access fee for the reproduction, the search, preparation and time taken to provide the records, in excess of the prescribed hours to search
and prepare the record for disclosure.
4. Grounds for Refusal of Access to Records - [Part II Chapter 4]
4.1. Gen2 may refuse a request for information or record if that information or record relates to:
(a) mandatory protection of the privacy of a third party who is a natural person, which involves the unreasonable disclosure of personal information of that natural person;
(b) mandatory protection of the commercial information of a third party, if the record contains;
(i) trade secrets of that third party;
(ii) financial, commercial, scientific or technical information which the disclosure could likely cause harm to the financial or commercial interests of that third party;
(iii) information disclosed in confidence by a third party to Gen2 if the disclosure could put that third party at a did advantage in negotiations or commercial competition.
(c) mandatory protection of confidential information of third parties if it is protected
in terms of any agreement;
(d) mandatory protection of the safety of individuals and the protection of property;
(e) mandatory protection of records which would be regarded as privileged in legal proceedings;
(f) the commercial activities of Gen2, which may include -
(i) trade secrets;
(ii) financial, commercial, scientific or technical information which disclosure could
likely cause harm to the financial or commercial interests of Gen2;
(iii) information which, if disclosed could put Gen2 at a disadvantage in negotiations
or commercial competition;
(iv) a computer program which is owned by Gen2 and which is protected by copyright.
(g) The research information of Gen2 or a third party, if its disclosure would disclose
the identity of the researcher or the subject matter of the research
and would place the research at a serious disadvantage.
Gen2 shall refuse requests for information where such requests are frivolous or
vexatious or involve an unreasonable diversion of resources.
5. Other Information as may be prescribed- [Section 51(1)(f)]
No information has been prescribed.
6. Prescribed Fees in respect of Private Bodies
Fees have been prescribed in the Regulations promulgated in terms of the Act and must be paid by a requester before any records requested can be made available to the requester.
Gen2 reserves the right to require a requester to pay higher fees if the Regulations
in terms of the Act are changed to permit higher fees.
7. Prescribed Form
The Form below has been prescribed in Regulation 10 passed in terms of the Act and should be completed by a requester who wants access to the records of a private body.