PAIA Manual
Welcome to LGL Staffing
LGL147 Enterprises Pty Ltd t/a
LGL Staffing
PROMOTION OF ACCESS TO INFORMATION (PAIA) MANUAL
Incorporating:
LGL147 Enterprises (Pty) LTD t/a LGL Staffing – Co. Reg. No: 2020/814555/07
Prepared in terms of the requirements of Section 51 of The Promotion of Access to Information Act 2 Of 2000 (“PAIA”)
1. Introduction
This Manual grants access to records held by the LGL Staffing as a statutory requirement in compliance with the provisions of PAIA, which gives effect to the Constitutional right of access for any information held by the Government and any information held by private bodies that is required for the exercise and protection of any right.
We recognise that thePromotion of Access to Information Act seeksto promote a culture of transparency, accountability and democracy, by giving effect to a person’s constitutional right of access to information.
In furtherance of this objective we are required by the Act to compile a manual that will assist either private or juristic persons in obtaining information from this company. This document is hence a manifestation of this requirement
Where a request is made in terms of PAIA, the body to which the request is made is obliged to give access to the requested information except where the Act expressly provides that the information may not be released.
2. Overview of the LGL Staffing
The LGL Staffing is a generalist agency offering services in recruitment, labour broking, labour hire, labour outsourcing, temporary employment services and permanent recruitment.
3. Particulars in terms of the section 51(1)(a)]
Addresses (Physical & Postal):
14a Pickering Street, Newton Park, Gqeberha, 6045
Contact Persons:
Managing Member / General Manager and Information Officer:
Langa Ludidi
Tel: 041 012 5053 Cell: 073 143 3319
Email address : admin@lglstaffing.co.za
Website: www.lglstaffing.co.za
4. The section 10 Guide on how to use the Act [Section 51(1)(b)]
The Act grants a requester of information access to records of a private body, if the record is required for the exercise of protection of any rights. If a public body lodges a request the public body must be acting in the public interest.
Requests in terms of the Act shall be made in accordance with the prescribed procedures at the rates provided. The forms and tariff are dealt with in sections 53 and 54 of the Act.
The Guide is 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
5. Records available in terms of any other legislation [Section 51(1)(d)]
In terms of Section 52 of the Act the Minister of Justice is entitled to publish a list of records submitted by this company to which the public may have access without the necessity of formally applying for access to such records. The Minister may then publish such information by way of a notice in the Government Gazette. At the time of drafting this manual, this company has given no such information to the Minister and no such notice has, therefore, been published. However, no formal application need be submitted for the following information:
· General information pertaining to this company. · Services Information and Brochures.
6. Access to the records held by this company [Sections 51(1)(c) and 51(1)(e)]
Requesters may make requests for information that may be requested in accordance with applicable South African legislation, including:
· Basic Conditions of Employment Act 75 of 1997
· Broad-based Black Economic Empowerment Act 53 of 2003 · Companies Act 71 of 2008
· Businesses Act 71 of 1991
· Consumer Protection Act 68 of 2008
· Compensation for Occupational Injuries and Health Diseases Act 130 of 1993 · Competition Act 89 of 1998
· Electronic Communications Act 36 of 2005
· Electronic Communications and Transactions Act 25 of 2002 · King Code of Governance for South Africa, 2009 (King IV)
· Employment Equity Act 55 of 1998
· Financial Intelligence Centre Act 38 of 2001 · Income Tax Act 58 of 1962
· Labour Relations Act 6 of 1995
· National Minimum Wage Act 9 of 2018
· Occupational Health and Safety Act 85 of 1993 · Promotion of Access to Information Act 2 of 2000 · Protection of Personal Information Act 4 of 2013
· Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002
· Related Information Amendment Act 48 of 2008 · Pension Funds Act24 of 1956
· Skills Development Levies Act 9 of 1998 · Skills Development Act of 97 of 1998
· Tax Administration Act 28 of 2002
· International Financial Reporting Standards · Standards Act 29 of 1993
· Unemployment Contributions Act 4 of 2002 · Unemployment Insurance Act 63 of 2001
· Value Added Tax Act 89 of 1991 · Copyright Act 98 of 1978
· Trademarks Act 194 of 1993
· Currency and Exchange Act 9 of 1933 · Customs and Excise Act 91 of 1964
· Designs Act 195 of 1993
· Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 · Insolvency Act 24 of 1936
· Liquor Products Act 60 of 1989
· Merchandise Marks Act 17 of 1941 · Patents Act 57 of 1978
· Financial Advisory and Intermediary Services Act 37 of 2002
· General and Further Education and Training Quality Assurance Act 58 of 2001 · Protected Disclosure Act 26 of 2000
· Immigration Act 13 or 2002
· National Credit Act 34 of 2005
· Prevention and Combating of Corrupt Activities Act 12 of 2004 · Prevention of Organised Crime Act 121 of 1998 (POCA)
· Promotion of Equality and Prevention of unfair Discrimination Act 4 of 2000 · National Road Traffic Act 93 of 1996
7. Information available in terms of the act – Upon request to the information officer
Statutory Business Records:
· Certificate of Incorporation · Company Registration
· Certificate to Commence business · Directors Appointments
· B-BBEE Shareholding and Certificates
· Directors attendance registers of meetings · Memorandums of Incorporation
Accounting Records
· Annual Financial Statements and working papers
· General Ledger
· Bank Statements, cheque book and cheques
· Customer and supplier statements and invoices · Cash books and petty cash books
· Fixed asset register
· Tax returns and assessments · VAT returns
· Auditors reports
· Management reviews · Capital expenditure
· Internal pricing records and other internal records
Fixed Property
· Building plans
· Lease agreements
· Mortgage bonds and other encumbrances · Title deeds
Information Technology · Agreements
· Capacity and utilization of operating systems · Business Intelligence Programmes
· Client and candidate database
· Hardware
· Licenses
· Systems support, programming and development · Server records
· Software packages
· Telephone exchange equipment
· Data lines, domain
Insurance
· Claim records
· Insurance polices
Legal, Agreements and Contract
· Agreements with contractors, consultants and suppliers
· Agreements with customers (SLA)
· Agreements with shareholders, officers, BEE Partners and directors
· Distributor, dealer, agency or subsidiary agreements
· Material agreements relating to provisions of services
· Contracts including leave agreements and financial and banking agreements
Human Resources
· Policies on Recruitment and Selection · Other HR Polices
· Disciplinary, CCMA and Labour Court records
· Employee information records – personal, educational, banking, family, medical and pension/provident fund information
· Employment Contracts
· IRP5 and IT3 certificates of employees · Leave application forms and records · Payroll records and salary payslips
· Personnel Files
· Training and Development and SETA records and material · UIF, PAYE and SDL returns
· Workman’s Compensation payments and documents
· Records provided by a third party relating to employees such as credit and criminal record information
· Correspondence related to personnel
· Skills Development Plans including annual training reports and workplace skills plans
Sales and Marketing
· Brochures, newsletters and marketing material · Social media releases
· Public relations policies and procedures
· Service and product information
8. Requesting Records and prescribed fees
· A person who would like access to company records may do so by completing the necessary request forms that are available at the offices of the LGL Staffing and are annexed to this Manual. The completed request form may be sent to the address or e-mail provided in this manual and marked for the attention of the Information Officer.
· Access to information held by the company is not automatically available and can be refused by the Company on any of the grounds for refusal contemplated in Chapter 4 of Part 3 of the Act pertaining to: “Grounds for Refusal of Access to Records”.
· In order to request access to information held by the company, the person requesting such access must not only identify the right it is seeking to exercise or protect and explain why the record requested is required for the exercise of such exercise or protection of that right but must also comply with all the procedural requirements set out in the Act. Should the person requesting access to information be a public body then such person must identify that it is requesting such information in the public’s interest by stipulating adequate reason/s.
· Requesters of information are required to provide all required details on the Prescribed Access Form attached hereto as Annexure “A” to enable the company to identify:
o the record/s requested
o the requesters details (if an agency then proof of capacity or designation) with proof of identity to authenticate the request and the requester
o the form of access required
o the postal address or e-mail of the requester in South Africa
o If the requested wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof.
o the right which the requestor is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right.
· A request will not be processed until the request fee of fifty rand (ZAR50.00) has been paid by Electronic Funds Transfer (eft) together with the access fee deposit(if applicable)and proof of payment sent to the Information Officer. The request fee is an administration fee that must be paid before the request is considered and is not refundable. However, a requester requesting information containing personal information about the requester (i.e.: itself, himself or herself) is excluded from paying the request fee.
· The access fee as set out in Annexure “B” attached hereto, is intended to reimburse the company for the costs involved in searching and preparing the record requested for delivery and is payable once access to the record requested is granted. Should this request for information be about a person other than the requester himself/herself and the company is of the opinion that the preparation of the required record will take more than six hours, a deposit (which is 1/3 of the amount) is payable before the request will be processed by the company.
· A reproduction fee as set out in Annexure “C” attached hereto, is payable by the requester in case of the reproduction of a record is requested, notwithstanding the fact that it is automatically available.
· Requestors will be informed within 30 days of the company’s decision to approve or refuse access to the information requested based on any of the grounds for refusal as contemplated in Chapter 4 of Part 3 of the Act. The 30 day period may be extended for a further 30 days if more time is required to gather the requested information. The requester will, however, be notified in writing if the initial 30 day period is to be extended for a further 30 days.
· A requestor may lodge an application with a court against the tender/payment of the requested fee and or deposit. Records may be held until the fees have been paid
· The fee structure is available on the website of the South African Human Rights Commission at www.sahrc.org.za and is attached as a summarised appendix to this manual.
9. Availability of the Manual
This manual is available for perusal on our website www.lglstaffing.co.za or from our offices situated at 14a Pickering Street, Newton Park, Gqeberha, 604
LGL Staffing
PROMOTION OF ACCESS TO INFORMATION (PAIA) MANUAL
Incorporating:
LGL147 Enterprises (Pty) LTD t/a LGL Staffing – Co. Reg. No: 2020/814555/07
Prepared in terms of the requirements of Section 51 of The Promotion of Access to Information Act 2 Of 2000 (“PAIA”)
1. Introduction
This Manual grants access to records held by the LGL Staffing as a statutory requirement in compliance with the provisions of PAIA, which gives effect to the Constitutional right of access for any information held by the Government and any information held by private bodies that is required for the exercise and protection of any right.
We recognise that thePromotion of Access to Information Act seeksto promote a culture of transparency, accountability and democracy, by giving effect to a person’s constitutional right of access to information.
In furtherance of this objective we are required by the Act to compile a manual that will assist either private or juristic persons in obtaining information from this company. This document is hence a manifestation of this requirement
Where a request is made in terms of PAIA, the body to which the request is made is obliged to give access to the requested information except where the Act expressly provides that the information may not be released.
2. Overview of the LGL Staffing
The LGL Staffing is a generalist agency offering services in recruitment, labour broking, labour hire, labour outsourcing, temporary employment services and permanent recruitment.
3. Particulars in terms of the section 51(1)(a)]
Addresses (Physical & Postal):
14a Pickering Street, Newton Park, Gqeberha, 6045
Contact Persons:
Managing Member / General Manager and Information Officer:
Langa Ludidi
Tel: 041 012 5053 Cell: 073 143 3319
Email address : admin@lglstaffing.co.za
Website: www.lglstaffing.co.za
4. The section 10 Guide on how to use the Act [Section 51(1)(b)]
The Act grants a requester of information access to records of a private body, if the record is required for the exercise of protection of any rights. If a public body lodges a request the public body must be acting in the public interest.
Requests in terms of the Act shall be made in accordance with the prescribed procedures at the rates provided. The forms and tariff are dealt with in sections 53 and 54 of the Act.
The Guide is 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
5. Records available in terms of any other legislation [Section 51(1)(d)]
In terms of Section 52 of the Act the Minister of Justice is entitled to publish a list of records submitted by this company to which the public may have access without the necessity of formally applying for access to such records. The Minister may then publish such information by way of a notice in the Government Gazette. At the time of drafting this manual, this company has given no such information to the Minister and no such notice has, therefore, been published. However, no formal application need be submitted for the following information:
· General information pertaining to this company. · Services Information and Brochures.
6. Access to the records held by this company [Sections 51(1)(c) and 51(1)(e)]
Requesters may make requests for information that may be requested in accordance with applicable South African legislation, including:
· Basic Conditions of Employment Act 75 of 1997
· Broad-based Black Economic Empowerment Act 53 of 2003 · Companies Act 71 of 2008
· Businesses Act 71 of 1991
· Consumer Protection Act 68 of 2008
· Compensation for Occupational Injuries and Health Diseases Act 130 of 1993 · Competition Act 89 of 1998
· Electronic Communications Act 36 of 2005
· Electronic Communications and Transactions Act 25 of 2002 · King Code of Governance for South Africa, 2009 (King IV)
· Employment Equity Act 55 of 1998
· Financial Intelligence Centre Act 38 of 2001 · Income Tax Act 58 of 1962
· Labour Relations Act 6 of 1995
· National Minimum Wage Act 9 of 2018
· Occupational Health and Safety Act 85 of 1993 · Promotion of Access to Information Act 2 of 2000 · Protection of Personal Information Act 4 of 2013
· Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002
· Related Information Amendment Act 48 of 2008 · Pension Funds Act24 of 1956
· Skills Development Levies Act 9 of 1998 · Skills Development Act of 97 of 1998
· Tax Administration Act 28 of 2002
· International Financial Reporting Standards · Standards Act 29 of 1993
· Unemployment Contributions Act 4 of 2002 · Unemployment Insurance Act 63 of 2001
· Value Added Tax Act 89 of 1991 · Copyright Act 98 of 1978
· Trademarks Act 194 of 1993
· Currency and Exchange Act 9 of 1933 · Customs and Excise Act 91 of 1964
· Designs Act 195 of 1993
· Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 · Insolvency Act 24 of 1936
· Liquor Products Act 60 of 1989
· Merchandise Marks Act 17 of 1941 · Patents Act 57 of 1978
· Financial Advisory and Intermediary Services Act 37 of 2002
· General and Further Education and Training Quality Assurance Act 58 of 2001 · Protected Disclosure Act 26 of 2000
· Immigration Act 13 or 2002
· National Credit Act 34 of 2005
· Prevention and Combating of Corrupt Activities Act 12 of 2004 · Prevention of Organised Crime Act 121 of 1998 (POCA)
· Promotion of Equality and Prevention of unfair Discrimination Act 4 of 2000 · National Road Traffic Act 93 of 1996
7. Information available in terms of the act – Upon request to the information officer
Statutory Business Records:
· Certificate of Incorporation · Company Registration
· Certificate to Commence business · Directors Appointments
· B-BBEE Shareholding and Certificates
· Directors attendance registers of meetings · Memorandums of Incorporation
Accounting Records
· Annual Financial Statements and working papers
· General Ledger
· Bank Statements, cheque book and cheques
· Customer and supplier statements and invoices · Cash books and petty cash books
· Fixed asset register
· Tax returns and assessments · VAT returns
· Auditors reports
· Management reviews · Capital expenditure
· Internal pricing records and other internal records
Fixed Property
· Building plans
· Lease agreements
· Mortgage bonds and other encumbrances · Title deeds
Information Technology · Agreements
· Capacity and utilization of operating systems · Business Intelligence Programmes
· Client and candidate database
· Hardware
· Licenses
· Systems support, programming and development · Server records
· Software packages
· Telephone exchange equipment
· Data lines, domain
Insurance
· Claim records
· Insurance polices
Legal, Agreements and Contract
· Agreements with contractors, consultants and suppliers
· Agreements with customers (SLA)
· Agreements with shareholders, officers, BEE Partners and directors
· Distributor, dealer, agency or subsidiary agreements
· Material agreements relating to provisions of services
· Contracts including leave agreements and financial and banking agreements
Human Resources
· Policies on Recruitment and Selection · Other HR Polices
· Disciplinary, CCMA and Labour Court records
· Employee information records – personal, educational, banking, family, medical and pension/provident fund information
· Employment Contracts
· IRP5 and IT3 certificates of employees · Leave application forms and records · Payroll records and salary payslips
· Personnel Files
· Training and Development and SETA records and material · UIF, PAYE and SDL returns
· Workman’s Compensation payments and documents
· Records provided by a third party relating to employees such as credit and criminal record information
· Correspondence related to personnel
· Skills Development Plans including annual training reports and workplace skills plans
Sales and Marketing
· Brochures, newsletters and marketing material · Social media releases
· Public relations policies and procedures
· Service and product information
8. Requesting Records and prescribed fees
· A person who would like access to company records may do so by completing the necessary request forms that are available at the offices of the LGL Staffing and are annexed to this Manual. The completed request form may be sent to the address or e-mail provided in this manual and marked for the attention of the Information Officer.
· Access to information held by the company is not automatically available and can be refused by the Company on any of the grounds for refusal contemplated in Chapter 4 of Part 3 of the Act pertaining to: “Grounds for Refusal of Access to Records”.
· In order to request access to information held by the company, the person requesting such access must not only identify the right it is seeking to exercise or protect and explain why the record requested is required for the exercise of such exercise or protection of that right but must also comply with all the procedural requirements set out in the Act. Should the person requesting access to information be a public body then such person must identify that it is requesting such information in the public’s interest by stipulating adequate reason/s.
· Requesters of information are required to provide all required details on the Prescribed Access Form attached hereto as Annexure “A” to enable the company to identify:
o the record/s requested
o the requesters details (if an agency then proof of capacity or designation) with proof of identity to authenticate the request and the requester
o the form of access required
o the postal address or e-mail of the requester in South Africa
o If the requested wishes to be informed of the decision in any manner (in addition to written) the manner and particulars thereof.
o the right which the requestor is seeking to exercise or protect with an explanation of the reason the record is required to exercise or protect the right.
· A request will not be processed until the request fee of fifty rand (ZAR50.00) has been paid by Electronic Funds Transfer (eft) together with the access fee deposit(if applicable)and proof of payment sent to the Information Officer. The request fee is an administration fee that must be paid before the request is considered and is not refundable. However, a requester requesting information containing personal information about the requester (i.e.: itself, himself or herself) is excluded from paying the request fee.
· The access fee as set out in Annexure “B” attached hereto, is intended to reimburse the company for the costs involved in searching and preparing the record requested for delivery and is payable once access to the record requested is granted. Should this request for information be about a person other than the requester himself/herself and the company is of the opinion that the preparation of the required record will take more than six hours, a deposit (which is 1/3 of the amount) is payable before the request will be processed by the company.
· A reproduction fee as set out in Annexure “C” attached hereto, is payable by the requester in case of the reproduction of a record is requested, notwithstanding the fact that it is automatically available.
· Requestors will be informed within 30 days of the company’s decision to approve or refuse access to the information requested based on any of the grounds for refusal as contemplated in Chapter 4 of Part 3 of the Act. The 30 day period may be extended for a further 30 days if more time is required to gather the requested information. The requester will, however, be notified in writing if the initial 30 day period is to be extended for a further 30 days.
· A requestor may lodge an application with a court against the tender/payment of the requested fee and or deposit. Records may be held until the fees have been paid
· The fee structure is available on the website of the South African Human Rights Commission at www.sahrc.org.za and is attached as a summarised appendix to this manual.
9. Availability of the Manual
This manual is available for perusal on our website www.lglstaffing.co.za or from our offices situated at 14a Pickering Street, Newton Park, Gqeberha, 604