PARTICULARS IN TERMS OF SECTION 51 OF THE ACT

1. Contact Details [Section 51(1)(a)
Name of Company: ARQ Consulting Engineers
Designated Information Officer: Albert Duffy
Email address of Information Officer: albert@arq.co.za
Postal address: PO Box 76379, Lynnwood Ridge, 0040, Pretoria, South Africa
Street address: 6 Daventry Street, Lynnwood Manor, 0081, Pretoria, South Africa
Phone number: +27 (12) 348 6668
Fax number: +27 (12) 348 6669


2. The guide as described in section 10 of the Act [Section 51(1)(b)]
This guide on how to exercise your rights in terms of the Act can be obtained from the SAHRC.
Please direct any queries to:
The South African Human Rights Commission:
PAIA Unit: Research and Documentation Department
Postal address: Private Bag 2700 Houghton 2041
Telephone: +27 11 877-3600
Fax: +27 11 484-0582
Website: www.sahrc.org.za
E-mail: paia@sahrc.org.za


3. Categories of records of ARQ which are available without a person having to request access in terms of the act in terms of section 52(2) [Section 51(1)(c)]


4. Records available in terms of other legislation [Section 51(1)(d)]
Information is available in terms of the following legislation to the persons or entities specified in such legislation:

• Basic Conditions of Employment Act 75 of 1997
• Broad-Based Black Economic Empowerment Act 53 of 2003
• Companies Act 71 of 2008
• Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
• Consumer Protection Act 68 of 2008
• Currency and Exchanges Act No. 9 of 1933
• Electronic Communications and Transactions Act 25 of 2002
• Employment Equity Act 55 of 1998
• Financial Intelligence Centre Act 38 of 2001
• Income Tax Act 58 of 1962
• Labour Relations Act 66 of 1995
• National Credit Act 34 of 2005
• Occupational Health and Safety Act 85 of 1993
• Promotion of Access to Information Act 2 of 2000
• Skills Development Act 97 of 1998
• Unemployment Insurance Act 63 of 2001
• Unemployment Insurance Contributions Act 4 of 2002
• Value Added Tax Act 89 of 1991


5. How to request a record. A description of the subjects of the records held by ARQ Consulting Engineers (Proprietary) Limited and the categories in which these subjects are classed [Section 51(1)(e)]

5.1 How to request a record
• Section 53 prescribes that the requester must use the prescribed form to make the request for access to a record. This must be made to the head of the private body, or his duly authorized deputy. This request must be made to the address, fax number or electronic mail address of the body concerned.

• The requester must provide sufficient detail on the request form to enable the head of the private body to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also 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 the head of the private body.

• 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.

• The fee for private bodies is R50. The requester may lodge an internal appeal or an
application to the court against the tender or payment of the request fee.

• If the request is granted then a further access fee must be paid for the reproduction and the search and preparation, and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure. The head of the private body will then make a decision on the request and notify the requester in the required form.


5.2 Subjects and categories of records held by ARQ Consulting Engineers (Proprietary) Limited
ARQ Consulting Engineers maintains records on the following categories and subject matters.

5.2.1: Personnel Records
• Personal records provided by personnel;
• Records provided by a third party relating to personnel;
• Conditions of employment and other personnel-related contractual and quasi-legal records;
• Internal evaluation records and other internal records;
• Correspondence relating to personnel;
• Training schedules and material

5.2.2: Customer related Records
• Records provided by a customer to a third party acting for or on behalf of the Private Body;
• Records provided by a third party;
• Records generated by or within the Private Body relating or pertaining to its customers, including transactional records;

5.2.3: Private Body specific Records
• Financial records;
• Operational records;
• Databases;
• Marketing records;
• Internal correspondence;
• Product and service records;
• Statutory records;
• Internal Policies and Procedures;

5.2.4: Other party Records
• Personnel, customer or Private Body records which are held by another party, as opposed to the records held by the Private Body itself;
• 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.

The Private Body may possess records pertaining to other parties, including without limitation contractors, suppliers, subsidiary/ holding/ sister companies, joint venture companies, and service providers. Alternatively, such other parties may possess records that can be said to belong to the Private Body.

6. Other information as may be prescribed [Section 51(1)(f)]
Not applicable.

7. Availability of the manual. [Section 51(3)]
The manual is available from South African Human Rights Commission (see details above). The manual is also available for inspection at the offices of the relevant private body free of charge, and ont he private body's website.

8. Fees in respect of Private Bodies
The fee structure is available on the website of the South African Human Rights Commission at www.sahrc.org.za, or the website of The Department of Justice and Constitutional Development at www.doj.gov.za

[Regulation 187 published in the Government Gazette on 15 February 2002]

9. Prescribed request form
Access to records held by must be made on the prescribed request form. The prescribed request form is available on the website of the South African Human Rights Commission at www.sahrc.org.za, or the website of The Department of Justice and Constitutional Development at www.doj.gov.za

[Regulation 187 published in the Government Gazette on 15 February 2002]

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