PROMOTION OF ACCESS TO INFORMATION

PROMOTION OF ACCESS TO INFORMATION ACT

Section 51 Manual

THE CORK BAY THEATRE & KITCHEN CC t/s KALK BAY THEATRE ["KBT"]

 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.

OVERVIEW OF KBT :

KBT owns and operates the business known as Kalk Bay Theatre in Kalk Bay, Western Cape.   This is an intimate 78 seat dinner/theatre venue providing it’s patrons with food and theatrical entertainment under the same roof.

AVAILABILITY OF THIS MANUAL :

A copy of this Manual is available on the KBT website [on the Useful Info page] – www.kbt.co.za or by sending a request for a copy thereof to kbtmail31@gmail.com marked for the attention of the Managing Member.   The Manual may also be obtained from the head office of the South African Human Rights Commission (“SAHRC”) at the addresses set out below. This Manual will be updated from time to time, as and when required.

HOW TO REQUEST ACCESS TO RECORDS HELD BY KBT :

Requests for access to records held by KBT should be made by email to kbtmail31@gmail.com or on the request form that is available on the SAHRC website (www.sahrc.org.za) or the Department of Justice and Constitutional Development (www.doj.gov.za) (under “regulations”).     Note that requests need not be accompanied by payment BUT will only be

processed upon payment of the prescribed fees.    Requests for access to records must be made to KBT’s Managing Member at the address, fax number or electronic mail address provided for below.

The requester must provide sufficient detail to enable KBT 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.   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 KBT.

Kindly note that all requests to KBT 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 KBT does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act.

CONTACT DETAILS :

Name of Private Body:                                       The Cork Bay Theatre & Kitchen CC

Designated Information Officer:                   Simon Cooper

Email address of Information Officer:         templar@iafrica.com

Postal address:                                                     13 Capri Road,  St James, 7945

Street address:                                                      13 Capri Road, St James, 7945

Phone number:

Fax number:                                                          021- 7887458

 

HOW TO ACCESS THE GUIDE AS DESCRIBED IN SECTION 10 OF THE ACT :

The Guide described in Section 10 of the Act is due in December 2011. From that date it

will be 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 11 484-0582

Website: www.sahrc.org.za

E-mail: paia@sahrc.org.za

 

VOLUNTARY DISCLOSURE :

KBT has not published a notice in terms of Section 52(2) of the Act, but, it should be noted that the information relating to KBT and its services is freely available on the KBT website.

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

 

RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION [Section 51 (1) (d)] :

Information is available in terms of the following legislation, if and where applicable, which

includes but is not limited to:

Basic Conditions of Employment No. 75 of 1997

Closed Corporation Act No. 69 of 1984

Companies Act 61 of 1973

Electronic Communications and Transactions Act 25 of 2002.

Financial Intelligence Centre Act – Act 38 of 2001

Labour Relations Act 66 of 1995

Promotion of Access to Information Act No. 2 of 2000

Regional Services Councils Act No. 109 of 1985

Skills Development Levies Act No. 9 of 1999

Skills Development Act No. 97 of 1998

Unemployment Contributions Act No. 4 of 2002

Unemployment Insurance Act No. 63 of 2001

Value Added Tax Act No. 89 of 1991

 

ACCESS TO THE RECORDS HELD BY THE PRIVATE BODY IN QUESTION :

The latest notice regarding the categories of records of the body, which are

available without a person having to request access in terms of this Act in

terms of section 52(2)  - Not applicable

RECORDS HELD BY KBT :

KBT maintains records on the following categories and subject matters. 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 agreed to.  All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.

Internal Records :

©    CC Formation documents

©    Financial records

©    Operational records

©    Intellectual property

©    Marketing records

©    Internal correspondence

©    Product records

©    Statutory records

Personnel records :

Personnel refers to any person who works for or provides services to or on behalf of KBT receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of KBT.   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 KBT by their personnel;

©    Any records a third party has provided to KBT 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.

Customer records :

Please be aware that KBT protects 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 information includes the following:

©    Any records a customer has provided to KBT or a third party acting for or on behalf of KBT;

©    Contractual information;

©    Personal records of customers;

©    Credit information and other research conducted in respect of customers;

©    Any records a third party has provided to KBT about customers;

©    Performance research conducted on behalf of customers or about customers;

©    Any records a third party has provided to KBT either directly or indirectly; and

©    Records generated by or within KBT pertaining to customers, including transactional records.

Technical records :

©    Technical records generated by, or within Jantar pertaining to customers.

Other Parties :

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 KBT.   The

following records fall under this category:

©    Personnel, customer or KBT records which are held by another party as opposed to being held by KBT; and

©    Records held by KBT 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.

 

Other Records :

Further records are held including:-

©    Information relating to KBT’s own commercial activities; and

©    Research carried out on behalf of a client by KBT or commissioned from a third party for a customer;

©    Research information belonging to KBT, whether carried out itself or commissioned from a third party.