Promotion of Access to Information Act - April 2009

Introduction

The De Beers Benefit Society is the oldest registered Medical Scheme in South Africa. It
was established on 14 February 1889 at the request of C J Rhodes after a disastrous fire
claimed the lives of 212 miners at the De Beers Mine in July 1888.
A copy of this manual will be available for inspection at the Human Rights Commission, at De
Beers Benefit Society Office and on the following website: http://www.dbbs.co.za

SCOPE OF THE MANUAL
This manual has been prepared in respect of De Beers Benefit Society.

PART A
CONTACT DETAILS SECTION 51(1) (a)

POSTAL ADDRESS: PO BOX 1922
KIMBERLEY
8300
STREET ADDRESS: 84 DUTOITSPAN ROAD
KIMBERLEY
8301
PHONE NUMBER: 053- 807 3111
FAX NUMBER: 053- 807 3499
ENQUIRIES: steven.beangstrom@debeersgroup.com
(INFORMATION OFFICER)

PART B
HUMAN RIGHTS COMMISSION USER’S GUIDE SECTION 51 (1) (b)

In terms of Section 10 of the Promotion of Access to Information Act Number 2 of 2000
(herein after referred to as the Act) the Human Rights Commission is required to prepare
a user’s guide. The Guide will be available from the South African Human Rights
Commission by no later than August 2003. 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

PART C
SECTION 51 (1) (D) – RECORDS KEPT UNDER THE FOLLOWING LEGISLATION

Accounting and Finance
Income Tax Act, No 58 of 1962
Stamp Duties Act, No 77 of 1968
Value Added Tax Act, No 89 of 1991

Human Resources
Basic Conditions of Employment Act, No 3 of 1983
Employment Equity Act, No 55 of 1998
Manpower Training Act, No 56 of 1981
Skills Development Levies Act, No 9 of 1999
Unemployment Insurance Act, No 30 of 1966
Wages Act, No 5 of 1957
Workmen’s Compensation Act, No 30 of 1941

Secretarial and Administration
Companies Act, No 61 of 1973 as amended
Medical Schemes Act, no. 131 of 1998 as amended

Safety
Occupational Health and Safety Act 85/1993 and Regulations

PART D

Section 51(1) (e) of the Act requires sufficient detail to facilitate a request for access to a record of the
private body, a description of the subjects on which the body holds records and the categories of records
held on each subject.
The De Beers Benefit Society Information Officer, acting under the supervision of the head of the body,
has been delegated with the task of receiving and co-ordinating all requests for access to information in
terms of the Act. Requests should accordingly be directed to the Information Officer at the address
referred to in Part A, must substantially correspond with form C of Annexure B to Government Notice
No. R. 187 dated 15 February 2002, and should be specific in terms of the information requested.
The De Beers Benefit Society holds information on the subjects underlined and listed below.
Reflected beneath each subject is a broad indication of the categories of records held on each subject:

Accounting and Finance

Annual financial statements
Auditing Correspondence & reports
Banking
Budget Files
Reports

Revenues
Shares
Taxation

Administration

Claims
Communications
Deceased Estates Medication

Declarations
Dependants
Membership/Files

Human resources

Complements and strengths
Conditions of Employment
Employee development
Employment equity
Job Applications and Appointments

Minutes of Meetings
Personal Records
Policies & procedures
Reports

Information Technology

Contracts - Various
Correspondence
Databases
Disaster recovery
E-commerce
Internet

Intranet
Procedures and standards
Queries
Security
System documentation
User liaison

Legal

Acts and amendments
Agreements / various
Appointments
Competition Law
Health and Safety Legislation

Legal Correspondence
Legislative Bills
Licenses, Permissions and Exemptions
Rules and Regulations

Communications

Briefs and Announcements
Community and Social Responsibility
Publications – In-House

Safety and Health

Accident Investigations
Emergency Procedures
Good Housekeeping
Policy and Procedures

Secretarial

Agreements and Contracts
Annual General Shareholder’s meetings
minutes and agendas
Appointments
Correspondence - general
Legislation - various

Licences
Memorandum and Articles of Association
Minutes of meetings
Signing Authorities
Statutory Information

PART E

The De Beers Benefit Society Website http://www.dbbs.co.za contains information on the following
subjects:

Rules
Rulings
Contributions
Benefits
Exclusions
Chronic Medication
Benefit Beat
Financial Info
Queries
Pre-authorisation
Forms

PART F

FORM OF REQUEST

The requester must use the prescribed form to make the request for access to a record.
This must be made to the Information Officer. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].
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.
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 [s 53(2)(a) and (b) and (c)].
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 [s 53(2)(d)]
If a request is made on behalf of a 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 [s 53(2)(f)].

FEES

A requester who seeks access to a record containing personal information about that requester is not required to pay the
request fee. Every other requester, who is not a personal requester, must pay the required request fee:

The head of the private body must 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 [s 22(1)].
The fee that the requester must pay to a private body is R50. The requester may lodge an internal appeal or an application to the court against the tender or payment of the request fee [s 22(3)(b)].
After the head of the private body has made a decision on the request, the requester must be notified in the required form.
If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 22(6)].

PART G
AVAILABILITY OF THE MANUAL

The manual is available for inspection at the Society’s Head Office at the address referred to in Part A, the South African
Human Rights Commission, the Government Gazette and the Society web site referred to in Part E.

PART H
FEES IN RESPECT OF PRIVATE BODIES

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

(a) For every photocopy of an A4-size page or part thereof 1,10
(b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machinereadable form 0,75
(c) For a copy in a computer-readable form on -
(i) stiffy disc 7,50
(ii) compact disc 70,00
(d) (i) For a transcription of visual images, for an A4-size page or part thereof 40,00
(ii) For a copy of visual images 60,00
(e) (i) For a transcription of an audio record, for an A4-size page or part thereof 20,00
(ii) For a copy of an audio record 30,00

The request fee payable by a requester, other than a personal requester, referred to in
regulation 11(2) is R50,00.
The access fees payable by a requester referred to in regulation 11(3) are as follows:

(1)

	R
(a) For every photocopy of an A4-size page or part thereof	R1, 10
(b) 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
(c) For a copy in a computer-readable form on -
(i) stiffy disc	7,50
(ii) compact disc	70,00
(d) (i) For a transcription of visual images,
for an A4-size page or part thereof	40,00
(ii) For a copy of visual images	60,00
(e) (i) For a transcription of an audio record,
for an A4-size page or part thereof	20,00
(ii) For a copy of an audio record	30,00
(f) To search for and prepare the record for disclosure, R30,00 for each hour or part of an hour reasonably required for such search and preparation.

(2) For purposes of section 54(2) of the Act, the following applies:
(a) Six hours as the hours to be exceeded before a deposit is payable; and
(b) one third of the access fee is payable as a deposit by the requester.
(3) The actual postage is payable when a copy of a record must be posted to a requester.

PART I
PRESCRIBED FORMS

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))
[Regulation 10]

A. Particulars of private body

The Head:

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.

Full names and surname:
Identity number:
Postal address:
Fax number: ________________ Telephone number:
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:
Identity number:

D. Particulars of record

(a) 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.
(b) 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

E. Fees

(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.

Disability:

Form in which record is required:

Mark the appropriate box with an X.
NOTES:
(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 to 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.

YES

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 _____________20

SIGNATURE OF REQUESTER / PERSON
ON WHOSE BEHALF REQUEST IS MADE

Promotion of Access to Information Act - April 2009

Introduction

PART ACONTACT DETAILS SECTION 51(1) (a)

PART BHUMAN RIGHTS COMMISSION USER’S GUIDE SECTION 51 (1) (b)

PART CSECTION 51 (1) (D) – RECORDS KEPT UNDER THE FOLLOWING LEGISLATION

PART GAVAILABILITY OF THE MANUAL

PART HFEES IN RESPECT OF PRIVATE BODIES

PART A
CONTACT DETAILS SECTION 51(1) (a)

PART B
HUMAN RIGHTS COMMISSION USER’S GUIDE SECTION 51 (1) (b)

PART C
SECTION 51 (1) (D) – RECORDS KEPT UNDER THE FOLLOWING LEGISLATION

PART G
AVAILABILITY OF THE MANUAL

PART H
FEES IN RESPECT OF PRIVATE BODIES