Prepared and compiled on 2023-10-30 in accordance with Section 51 of the Promotion of Access to Information Act, No 2 of 2000 (as amended) in respect of Freight Care Logistics Pty Ltd.
Registration number: 2004/015963/07 Update: 2023-10-30
1. INTRODUCTION
Freight Care Logistics (Pty) Limited conducts business as a Logistics service provider. We are an industry expert, ready to assist any client in Imports, Exports, Warehousing, Order fulfilment, Pick pack Logistics as well as National and international Courier service.
2. THE ACT
The Promotion of Access to Information Act, No 2 of 2000 (“The Act” or “PAIA”) was enacted on 3 February 2000, giving effect to the right of access to any information held by Government, as well as any information held by another person who is required for the exercising or protection of any rights. This right is entrenched in the Bill of Rights in the Constitution of South Africa. Where a request is made in terms of The Act, the body to which the request is made is not obliged to release the information, except where The Act expressly provides that the information may or must be released. The Act sets out the requisite procedural issues attached to such request.
3. PURPOSE OF THE MANUAL
In order to promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in terms of The Act in order for them to exercise their rights in relation to public and private bodies.
Section 9 of The Act, however, recognizes that such right to access to information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:
And in a manner that balances that right with any other rights, including such rightscontained in the Bill of Rights in the Constitution.
This PAIA Manual assist you to:
3.1 Check the categories of records held by Freight Care Logistics Pty Ltd which are available without a person having to submit a formal PAIA request.
3.2 Have a sufficient understanding of how to make a request for access to a record of Freight Care Logistics Pty Ltd, by providing a description of the subjects on which Freight Care Logistics Pty Ltd holds records and the categories of records held on each subject.
3.3 Know the description of the records of Freight Care Logistics Pty Ltd which are available in accordance with any other legislation.
3.4 Access all the relevant contact details of the Information Officer and Deputy Information Officer(s) who will assist you with the records you intend to access.
3.5 Know the description of the guide on how to use PAIA, as updated by the Information Regulator, and how to obtain access to it.
3.6 Know if Freight Care Logistics Pty Ltd processes personal information and the purpose of processing of personal information.
3.7 Know the description of the categories of data subjects and the informationor categories of information relating thereto.
3.8 Know the recipients or categories of recipients to whom the personal information may be supplied.
3.9 Know if Freight Care Logistics Pty Ltd plans to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and
3.10 Know whether Freight Care Logistics Pty Ltd has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.
4. CONTACT DETAILS:
Information Officer:
Ted Sarkus Khoury
Postal Address:
PO Box 17621
Norkem Park
1631
Physical Address:
84 Maple Street
Pomona 1618
Telephone No:
+27 11 396 6660/1
E-mail:
info@freightcarelogistics.co.za
GENERAL INFORMATION:
Name of Private Body:
Freight Care Logistics Pty Ltd
Registration No:
2004/015963/07
Postal Address:
PO Box 17621
Norkem Park 1631
Physical Address (or principal place of business):
84 Maple Street
Pomona 1618
Telephone No:
+27 11 396 6660/1
E-mail:
info@freightcarelogistics.co.za
Website:
https://myfcl.co.za
5. SOUTH AFRICAN HUMAN RIGHTS COMMISSION GUIDE
5.1. The Regulator has, in terms of Section 10(1) of PAIA, as amended, updatedand made available the revised Guide on how to use PAIA (“Guide”), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA.
5.2. The Guide is available in each of the official languages and in braille.
5.3. The aforesaid Guide contains the description of-
5.3.1. the objects of PAIA and POPIA;
5.3.2. the postal and street address, phone and fax number and, if available, electronic mail address of-
5.3.2.1 the Information Officer of every public body, and
5.3.2.2 every Deputy Information Officer of every public and private body designated in terms of Section 17(1) of PAIA and Section 56 of POPIA;
5.3.3 the manner and form of a request for-
5.3.3.1 access to a record of a public body contemplated in Section 11 of PAIA; and
5.3.3.2 access to a record of a private body contemplated in Section 50 of PAIA;
5.3.4 the assistance available from the Information Officer of a public body in terms of PAIA and POPIA;
5.3.5 the assistance available from the Information Regulator in terms of PAIA and POPIA;
5.3.6 all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging-
5.3.6.1 an internal appeal;
5.3.6.2 a complaint to the Regulator; and
5.3.6.3 an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;
5.3.7 the provisions of Sections 14 and 51 of PAIA requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
5.3.8 the provisions of Sections 15 and 52 of PAIA providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
5.3.9 the notices issued in terms of Sections 22 and 54 of PAIA regarding fees to be paid in relation to requests for access; and
5.3.10 the regulations made in terms of Section 92 of PAIA.
5.4 Members of the public can inspect or make copies of the Guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours.
5.5 The Guide can also be obtained-
5.5.1 upon request to the Information Officer;
5.5.2 from the website of the Information Regulator (https://inforegulator.org.za/).
5.6 A copy of the Guide is also available in two official languages, for public inspection during normal office hours.
This clause serves as a reference to the records that Freight Care Logistics Pty Ltd holds in order to facilitate a request in terms of The Act. It is recorded that the accessibility of the documents listed herein below, may be subject to the grounds of refusal set out hereinafter.
8. RECORDS REQUIRED IN TERMS OF LEGISLATION
Records are kept in accordance with legislation applicable to Freight Care Logistics Pty Ltd, which includes but is not limited to, the following:
1. Basic Conditions of Employment Act No. 75 of 1997;
2. Broad-Based Black Economic Empowerment Act, 2003;
3. Business Act No. 71 of 1991;
4. Companies Act No. 71 of 2008;
5. Compensation of Occupational Injuries and Diseases Act No. 130 of 1993;
6. Competition Act. No. 71 of 2008;
7. Constitution of the Republic of South Africa 2008;
8. Copyright Act No. 98 of 1978;
9. Customs and Exercise Act No. 91 of 1964;
10. Cybercrimes Act No. 19 of 2020;
11. Debt Collectors’ Act No. 114 of 1998;
12. Designs Act No. 195 of 1993;
13. Electronic Communications Act No. 36 of 2005;
14. Electronic Communications and Transaction Act No. 25 of 2002;
15. Employment Equity Act No. 55 of 1998;
16. Financial Advisory and Intermediary Services Act of 2002;
17. Financial Intelligence Centre Act No 38 of 2001;
18. Identification Act No.68 of 1997;
19. Income Tax Act No. 58 of 1962;
20. Insider Trading Act No. 135 of 1998;
21. Insolvency Act No. 24 of 1936;
22. Inspection of Financials Institutions Act No. 18 of 1998;
23. Intellectual Property Laws Amendment Act 38 of 1997;
24. Labour Relations Act No. 66 of 1995;
25. Leases of Land Act No. 18 of 1969
26. Long Term Insurance Act 52 of 1998;
27. Machinery and Occupational Safety Act No. 6 of 1983;
28. National Credit Act No. 34 of 2005;
29. National Road Traffic Act 93 of 1996;
30. National Environmental Management Act No 107 of 1998;
31. Occupational Health and Safety Act No. 85 of 1993;
32. Patents Act No. 57 of 1978;
33. Pension Funds Act No. 24 of 1956;
34. Prescription Act No. 68 of 1969;
35. Prevention of Organised Crime Act No. 121 of 1998;
36. Promotion of Access to Information Act No. 2 of 2000;
37. Protection of Personal Information Act No. 4 of 2013;
38. Revenue laws Second Amendment Act. No 61 of 2008;
39. Road Transportation Act. No. 74 of 1977;
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40. Skills Development Levies Act No. 9 of 1999;
41. Short-term Insurance Act No. 53 of 1998;
42. Stock Exchanges Control Act No. 1 of 1985;
43. Taxation Laws Amendment Act No. 7 of 2010;
44. Trademarks Act No. 194 of 1993;
45. Transfer Duty Act No 40 of 1949;
46. Uncertificated Securities Tax Act No. 31 of 1998;
47. Unemployment Contributions Act 63 of 2001;
48. Unemployment Insurance Act No. 30 of 1966;
49. Medical Schemes Act 131 of 1998;
50. Medicines and Related Substances Act 101 of 1965;
51. National Health Act 61 of 2003;
52. Value Added Tax Act 89 of 1991.
Reference to the above-mentioned legislation shall include subsequent amendments and secondary legislation to such legislation.
9. PROCESSING OF PERSONAL INFORMATION
9.1 Purpose of Processing Personal Information
We only process personal information for:
53. To gather contact information;
54. To confirm and verify your identity or to verify that you are an authorised
user for security purposes;
55. For the detection and prevention of fraud, crime, money laundering or other
malpractice;
56. To conduct market or customer satisfaction research or for statistical
analysis;
57. For audit and record keeping purposes;
58. General business functions;
59. In connection with legal proceedings.
9.2 Description of the categories of Data Subjects and of the information or categories of information relating thereto
9.3 The recipients or categories of recipients to whom the personal information may be supplied
10. REQUEST PROCEDURE FOR OBTAINING INFORMATION
Access to records held by Freight Care Logistics Pty Ltd
Records held by Freight Care Logistics Pty Ltd may be accessed by request only once the prerequisites for access have been met.
The requester must fulfil the prerequisites for access in terms of The Act, including the payment of a requested access fee.
The requester must comply with all the procedural requirements contained in The Act relating to the request for access to a record.
The requester must complete the prescribed Form 2 (Annexure B) and submit same as well as payment of a request fee and a deposit, if applicable, to the Information Officer at the postal or physical address, fax number or electronic mail address as stated herein.
The prescribed form must be filled in with enough particulars to at least enable the
Information Officer to identify –
The requester must state that they require the information in order to exercise or protect a right, and clearly state what the nature of the right to be exercised or protected is. In addition, the requester must clearly specify why the record is necessary to exercise or protect such a right.
Freight Care Logistics Pty Ltd will process the request within 30 days, unless the requester has stated a special reason that would satisfy the Information Officer that circumstances dictate that the above time periods are not complied with.
The requester shall be informed whether access has been granted or denied in the form of Form 3 (Annexure C). If, in addition, the requester requires the reason for the decision in any other manner, they must state the manner and the particulars so required.
If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the Information Officer.
If an individual is unable to complete the prescribed Form because of illiteracy or disability, such a person may make the request orally.
11. FEES
When the Information Officer receives the request, such Officer shall, by notice, require the requester to pay the prescribed request fee (if any), before any further processing of the request.
If the search for the record has been made in the preparation of the record for disclosure, including arrangements to make it available in the requested form, and it requires more than the hours prescribed in the regulation for this purpose, the Information Officer shall notify the requester to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted.
The Information Officer shall withhold a record until the requester has paid the Fees as indicated.
A requester, whose request for access to a record has been granted, must pay an access fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure, including making arrangements to make it available in the requested form.
If a deposit has been paid in respect of a request for access, which is refused, then the Information Officer concerned must repay the deposit to the requester.
The fees applicable to a request for information are set out in Annexure A hereto.
The requester must pay the prescribed fee before any further processing can take place.
12. GROUNDS FOR REFUSAL OF ACCESS TO INFORMATION
The main grounds for Freight Care Logistics Pty Ltd to refuse a request for information relates to the:
– Mandatory protection of the privacy of a third party that is a natural person that would involve the unreasonable disclosure of personal information of that natural person;
– Mandatory protection of the commercial information of a third party, if the record contains:
– Mandatory protection of confidential information of third parties if it is protected in
terms of any agreement;
– Mandatory protection of confidential information of the protection of property;
– Mandatory protection of records that would be regarded as privileged in legal proceedings;
– The commercial activities of Freight Care Logistics Pty Ltd which may include:
– The research information of Freight Care Logistics Pty Ltd or a third party, if its disclosure would reveal the identity of Freight Care Logistics Pty Ltd, the researcher or the subject matter of the research and would place the research at a serious disadvantage;
Requests for information that are clearly frivolous or vexatious, or which would involve
an unreasonable diversion of resources shall be refused.
13. DECISION
The Private Body will within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.
The 30 day period within which the Private Body has to decide whether to grant or refuse the request, may be extended for further period of not more than thirty days if the request is for a large amount of information, or the request requires a search for information held at another office of the Private Body and the information cannot reasonably be obtained within the original 30 day period. The Private Body will notify the requester in writing should an extension be sought.
AVAILABILITY OF THE MANUAL
The manual of Freight Care Logistics Pty Ltd is available at the premises of Freight Care Logistics Pty Ltd as well as on the website of Freight Care Logistics Pty Ltd.
