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| Policy Protection Rules |
| Access to Information
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Access to Information
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INFORMATION MANUAL FOR AUTO & GENERAL INSURANCE COMPANY
LIMITED ("Auto & General")
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In terms of section 51 of the Promotion of Access to Information Act 2 of 2000
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1. INTRODUCTION |
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Section 32 of the Constitution of the Republic of South Africa, No. 108 of 1996
(“the Constitution”) provides:
- Everyone has the right of access to –
a) any information held by the state; and
b) any information that is held by another person and that is required for the exercise
or protection of any rights.
- National legislation must be enacted to give effect to this right, and
may provide for reasonable measures to alleviate the administrative and financial
burden on the state.
The Promotion of Access to Information Act, 2 of 2000 (“the Act”),
was enacted on 3 February 2002 to give effect to section 32 of the Constitution,
that is giving effect to the constitutional right of access to any information held
by the State and any information that is held by another person and that is required
for the exercise or protection of any rights. Where a request is made in terms of
this Act, the private or public body to whom the request is made is obliged to release
the information, except where the Act expressly provides that the information must
not be released. The Act sets out the requisite procedural issues attached to such
request.
The act came into effect on 9 March 2001 with the exception of sections 10, 14,
16 and 51 which sections were brought into operation on 15 February 2002.
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2. WHO MAY REQUEST INFORMATION IN TERM OF THE ACT?
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Any person who requires information for the exercise or protection of any rights,
may request information from a private body. Section 50 of the Act states that:
- A requester must be given access to any record of a private body if–
- that record is required for the
exercise or protection of any rights;
- that person complies with the
procedural requirements in this Act relating to a request for access to that record;
and
- access to that record is not
refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.
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3. PROCEDURES FOR OBTAINING ACCESS |
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3.1 Contact Details
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Any person who wishes to request any information from Auto & General with the
object of protecting or exercising a right may contact the information officer whose
contact details are as follows:
Postal Address
The Information Officer
Auto & General Insurance Company Limited
P O Box 11250
Johannesburg, 2000
Physical address
10 th Floor
Cnr Barry Hertzog Avenue and Napier Road
Richmond, Johannesburg, 2092
Tel: 011 489 4000
Fax 011 489 4125
e-mail address: agbrokerweb@autogen.co.za
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3.2 Prescribed Access Form
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In terms of section 53, a request for access to a record of Auto & General must
be made in the prescribed form to Auto & General at the address, fax number
or electronic mail address given above. The form requires the requestor to provide
the following information:
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Sufficient information to enable the information officer to identify the requestor;
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Sufficient information to enable the information officer to identify the record(s)
requested;
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The form of access required;
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The requestor’s postal address or fax number;
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Identification of the right sought to be exercised or protected;
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An explanation on why the record is required to exercise or protect that right;
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The manner in which the requestor wishes to be informed of the decision on the request,
if in a manner in addition to written notification; and
- If the request is made on behalf of a person,
the submission of proof of the capacity in which the requestor makes the request,
to the satisfaction of the information officer.
For a specimen of the request form see ANNEXURE A to the manual.
Requestors please note that all of the information as listed above should be provided,
failing which the process will be delayed while the private body requests such additional
information. The prescribed time periods will not commence until all pertinent information
has been furnished on the private body by the requestor.
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3.3 Prescribed Fees
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Payment of fees is regulated in terms of section 54 of the Act. The Regulations
to the Act provide for two types of fees:
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Request fee: This is a non- refundable administration fee paid by all requestors
with the exclusion of personal requestors. It is paid before the request is considered;
- Access fee: This is paid by all requestors only
when access is granted. This fee is intended to re-imburse the private body for
the costs involved in searching for a record and preparing it for delivery to the
requestor.
Auto & General may withhold a record until the request fee and the deposit (if
applicable) have been paid. A schedule of the prescribed fees is attached as
ANNEXURE B to the manual.
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3.4 Requestor other than Personal Requestor |
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The information officer must give written notice to a requestor other than a personal
requestor of the request fee and amount to be paid before the request may be further
processed.
If in the information officer’s opinion the search for a record, or preparation
of the record for disclosure will require more than the prescribed hours, the information
officer may require the requestor to pay a deposit, not being more than one third
of the access fee that would be payable if the request is granted. If the request
is declined, the deposit must be repaid to the requestor.
The notice given by the information officer must advise the requestor that s/he
has a right to apply to court against the payment of the request fee or deposit,
and also advise of the procedure of the application.
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3.5 Personal Requestor |
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A personal requestor is described in terms of the Act as a requestor seeking access
to a record containing information about the requestor.
A personal requestor is not liable to pay a request fee, is liable for payment of
access fees in the event of a request being granted, but may not be required to
pay a deposit before the granting of the record.
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4. HUMAN RIGHTS COMMISSION GUIDELINE
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In terms of section 10 of the Act, the Human Rights Commission must compile a guide
by 14 August 2003. This guide is intended to assist users in the interpretation
of the Act. The guide will contain a description of the objects of the Act, the
contact details of the information officers of all the public bodies, particulars
of the public bodies, the manner of access to the records of those public bodies
and the remedies available in law regarding a breach of any of the provisions of
the Act.
The South African Human Rights Commission’s contact details are as follows:
Private Bag 2700
Houghton
2041
Tel: 011 484 8300
Fax 011 4841360
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5. TYPES OF RECORDS
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The requestor may request access to the following types of document |
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5.1 Personnel Records |
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These include:
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Any personal records provided to the private body by their personnel;
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Any records a third party has provided to the private body about any of their personnel;
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Conditions of employment and other personnel-related contractual and quasi-legal
records;
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Internal evaluation records; and
- Other internal records and correspondence.
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5.2 Customer-related records |
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A customer includes any natural or juristic entity who receives services from the
private body. Customer-related information includes the following:
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Any records a customer has provided to a third party acting for or on behalf of
the private body;
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Any records a third party has provided to the private body; and
- Records generated by or within the private body
pertaining to the customer, including transactional records.
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5.3 Private body records |
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This includes but is not limited to the following:
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Financial records;
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Operational records;
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Databases;
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Information technology;
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Marketing records;
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Internal correspondence;
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Product records;
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Statutory records;
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Internal policies and procedures;
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Treasury-related records;
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Securities and equities; and
- Records held by officials of the private body.
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5.4 Other Parties |
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The private body may possess records pertaining to other parties, including without
limitation, contractors, suppliers, subsidiary/holding/sister companies, joint venture
companies, service providers. Alternatively, such other parties may possess records
which can be said to belong to the private body.
The following records fall under this category:
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Personnel, customer or private body records which are held by another party as opposed
to being held by the private body; and
- Records held by the private body pertaining to
other parties, including without limitation financial records, correspondence, contractual
records, records provided by the other party, and records third parties have provided
about the contractors / suppliers.
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5.5 Records Available in terms of other legislation |
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The requestor may also request information which is available in terms of legislation,
such as the following:
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Alienation of land act (68 of 1981);
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Basic conditions of employment act (75 of 1997);
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Companies act (61 of 1973);
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Compensation for occupational injuries & diseases act (130 of 1993);
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Employment equity act;
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Financial services board act (97 of 1990);
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Income tax act (58 of 1962);
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Labour relations act (66 of 1995);
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Occupational health and safety act (85 of 1993);
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Promotion of equality and prevention of unfair discrimination act;
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Regional services councils act (109 of 1985);
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Short term insurance act (53 of 1998);
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Skills development act (97 of 1998);
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Skills Development Levies act (9 of 1999);
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South African Qualifications Authority act (58 of 1995);
- VAT act (89 of 1991).
The Information officer will take into considerations section 8 of the manual to
decide on whether or not access to any of the information stated above should be
given to the requester.
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6 DECISION-MAKING PROCESS |
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6.1 |
In terms of Section 55, the information officer will take all reasonable steps to
find a record that has been requested. If the record cannot be found or does not
exist, the information officer must notify the requestor by way of affidavit or
affirmation that it is not possible to give access to the record. This is deemed
to be a refusal of the request. If, however, the record is later found, the requestor
must be given access if the request would otherwise have been granted.
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6.2 |
Section 56 provides that the information officer must within 30 days of receipt
of a correctly completed request notify the requestor of the decision as to whether
or not to grant the request. If the request is:
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granted: the notification must state the applicable access fee required to be paid,
together with the procedure to be followed should the requestor wish to apply to
court against such fee, and the form in which access will be given;
- declined: the notification must include adequate
reasons for the decision, together with the relevant provisions of the Act relied
upon, and provide the procedure to be followed should the requestor wish to apply
to court against the decision.
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6.3 |
The information officer may extend the period of 30 days by a further period not
exceeding 30 days if:
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the request is for a large number of records or requires a search through a large
number of records;
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the request requires a search for records located in a different office of the private
body not situated in the same city;
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consultation between divisions of the private body, or with another private body
is required; or
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the requestor consents to the extension;
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the requestor must be notified within the initial 30 day period in writing of the
extension, together with reasons therefor, and the procedure involved should the
requestor wish to apply to court against the extension;
- the information officer’s failure to respond to
the requestor within the 30 day period constitutes a deemed refusal of the request.
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6.4 |
Section 59 provides that the information officer may sever a record and grant access
only to that portion which the law does not prohibit access to.
If access is granted, access must be given in the form that is reasonably required
by the requestor, or if the requestor has not identified a preference, in a form
reasonably determined by the information officer.
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7. THIRD PARTIES |
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If the request is for a record pertaining to a third party, the information officer
must take all reasonable steps to inform that third party of the request. This must
be done within 21 days of receipt of the request. The manner in which this is done
must be in the fastest means reasonably possible, but if orally, the information
officer must thereafter give the third party a written confirmation of the notification.
The third party may within 21 days thereafter either make representation to the
private body as to why the request should be refused, alternatively grant written
consent to the disclosure of the record. The third party must be advised of the
decision taken by the information officer on whether to grant or decline the request,
and must also be advised of his/her/its right to appeal against the decision by
way of application to court within 30 days after the notice.
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8. GROUNDS FOR REFUSAL OF A REQUEST |
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Notwithstanding compliance with section 50, the request may be declined in
accordance with one of the prescribed grounds in terms of the Act, namely: |
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8.1 |
Section 63 of the Act prohibits the unreasonable disclosure of the personal information
of natural-person third parties to requestors. This includes the personal
information of deceased persons. However Section 63(2) does provide exceptions to
this.
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8.2 |
Section 64 states that a request must be refused if it relates to records containing
third party information pertaining to:
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trade secrets;
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financial, commercial, scientific or technical information where disclosure would
be likely to cause harm to the commercial or financial interests of that third party;
or
- information supplied in confidence by the third
party, the disclosure of which could reasonably be expected to put the third party
at a disadvantage in contractual or other negotiations, or prejudice the third party
in commercial competition.
The information must, however, be released if it pertains to the results of product
or environmental testing, the disclosure of which would reveal a serious public
safety or environmental risk.
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8.3 |
Section 65 prohibits disclosure of information if such disclosure would constitute
a breach of any duty of confidentiality owed to a third party in terms of an agreement.
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8.4 |
In terms of section 66, a private body must refuse a request for access to a record
of the body if disclosure could reasonably be expected to:
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endanger the life or physical safety of an individual;
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prejudice or impair the security of a building, structure or system, including but
not limited to a computer or communication system, means of transport or any other
property;
- the private body may also refuse a request for access to information which would
prejudice methods, systems, plans or procedures for the protection of an individual
in accordance with a witness protection scheme or safety of the public.
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8.5 |
Section 67 mandates the refusal of a request if the record is privileged from production
in legal proceedings, unless the person entitled to the privilege has waived the
privilege. |
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8.6 |
Section 68 pertains to records containing information about the private body itself
and unlike the other provisions pertaining to decline of a request, is not mandatory,
but rather discretionary. Auto & General may refuse access to a record
if the record:
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contains trade secrets of Auto & General;
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contains financial, commercial, scientific or technical information, the disclosure
of which would be likely to cause harm to the commercial or financial interests
of Auto & General;
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contains information which, if disclosed, could reasonably be expected to put the
private body at a disadvantage in contractual or other negotiations, or prejudice
Auto & General in commercial competition; or
- consists of a computer program owned by Auto & General.
Notwithstanding the above, the information must be released if it pertains to the
results of product or environmental testing, the disclosure of which would reveal
a serious public safety or environmental risk.
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8.7 |
Section 69 prohibits the disclosure of information about research where disclosure
is likely to expose the third party, the person conducting the research on behalf
of the third party, or the subject matter of the research to serious disadvantage.
Disclosure is discretionary if such research pertains to Auto & General itself.
Notwithstanding any of the above-mentioned provisions, section 70 provides that
a record must be disclosed if its disclosure would:
- reveal evidence of a substantial contravention of or failure to comply with the
law, imminent and serious public safety or environmental risk; and
- if the public interest in the disclosure clearly outweighs the harm.
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9. RIGHTS OF APPEAL |
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A requestor that is dissatisfied with the information officer’s refusal to grant
access to any information may, within 30 days of notification of the decision, apply
to court for relief. Likewise, a third party dissatisifed with the information officer’s
decision to grant a request may, within 30 days of notification of the decision,
apply to court for relief.
It should be noted that notwithstanding any provision in this Act, the court may
examine the record(s) in question. No record may be withheld from the court on any
grounds. The court may not, however, disclose the contents of the record(s).
The court is empowered to grant any order that is just and equitable, including:
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Confirming, amending or setting aside the information officer’s decision;
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Requiring the information officer to take any action, or refrain from taking any
action as identified by the court within a specified period;
- Granting an interdict, interim or special relief,
declaratory order or compensation; or costs.
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ANNEXURE A |
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Please click on the links below to view.
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ANNEXURE B
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