OCEAN BASKET HOLDINGS (PROPRIETARY) LIMITED AND IT’S SUBSIDARIES (“OCEAN BAKSET”)
PROMOTION OF ACCESS TO INFORMATION ACT MANUAL
INTRODUCTION:
9 March 2001, new legislation was enacted called the Promotion of Access to Information Act of 2000 (herein after referred to as “PAIA”). The purpose of this legislation is to address Section 32 of the Constitution, which provides that any person has a right to gain access to any information held by a public or private body. If the record is requested from a private body the requester needs to prove that the record is required for the exercise or protection of a right.
One of the main requirements specified in the PAIA is the compilation of a manual by 23 August 2003 that provides information on both the types and categories of records held by the public or private body. In terms of the PAIA, a private body includes any former or existing juristic person. Therefore, Ocean Basket is regarded as a “private body” and both the manual and the requirements regarding access must be in compliance with the provisions of PAIA relevant to private bodies.
In addition, the Protection of Personal Information Act of 2013 (“POPIA”) amends certain provisions of PAIA, balancing the need for access to information against the need to ensure the protection of personal information by providing for the establishment of an Information Regulator to exercise certain powers and perform certain duties and functions in terms of POPIA and PAIA, providing for the issuing of codes of conduct and providing for the rights of persons regarding unsolicited electronic communications and automated decision making in order to regulate the flow of personal information and to provide for matters concerned therewith. POPIA promotes the protection of personal information processed by public and private bodies, including certain conditions so as to establish minimum requirements for the processing of personal information.
This document serves as Ocean Basket’s manual in terms of PAIA and POPIA, to provide a reference as to the records held and the process that needs to be followed to request access to such records. This PAIA manual also includes information on the submission of objections to the processing of personal information and requests to delete or destroy personal information or records thereof in terms of POPIA.
COMPANY OVERVIEW
Ocean Basket Holdings (Proprietary) Limited and its Subsidiaries (listed in Annexure A herein) (hereinafter referred to as “Ocean Basket” or “the Group”) was incorporated in South Africa in 1995.
Ocean Basket and Its Subsidiaries participate in the business of operating and licensing others to operate a chain of Home of Seafood franchised restaurants and corporate owned restaurants using the name “Ocean Basket”.
SCOPE OF MANUAL
This manual will exclude Ocean Basket’s operations outside of South Africa and will serve to provide as a reference regarding the records held by Ocean Basket at the offices, corporate restaurants, and other divisions within the Group.
ADMINSTRATION OF THE ACT Section 51(1) (a)
The Chief Executive Officer (CEO) of Ocean Basket has duly authorised the contact person below to follow all the requirements of PAIA and POPIA are administered in a fair, objective, and unbiased manner:
Appointed Information Officer (“IO”)
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Contact Person : |
Alicia Singh-Pillay |
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Postal Address : |
Private Bag X184, Halfway House, Midrand, 1685 |
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Physical Address: |
1st Floor Building 13, Thornhill Office Park, 94 Bekker Road, Vorna Valley Ext 60, Midrand, 1685 |
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Phone Number : |
+ 27 11 655 1300 |
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Email Address : |
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REQUESTS for the GUIDE ON HOW TO USE THE ACT Section 51(1) (b)
A Guide will be, or has been, compiled and is readily made available by the Information Regulator (established in terms of POPIA) and contains information to assist a person wishing to use their right of access to information in terms of PAIA and POPIA. Copies of the updated Guide are available from Information Regulator and the Information Officer free of charge. Any request for public inspection of the Guide at the office of the Information Officer or a request for a copy of the Guide from the Information Officer must substantially correspond with the form set out in .
Any enquiries regarding the Guide should be directed to:
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Contact Person : |
The Information Regulator (South Africa) |
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Physical Address : |
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001 |
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Postal Address : |
P.O. Box 31533, Braamfontein, Johannesburg, 2017 |
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Phone Number : |
010 023 5200 |
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Email Address : |
enquiries@inforegulator.org.za PAIACompliants@inforegulator.org.za |
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Website : |
AUTOMATIC AVAILABILITY OF CERTAIN RECORDS Section 51(1) (c)
The following categories of records are automatically available for inspection, purchase, or photocopying:
RECORDS AVALIABLE IN ACCORDANCE WITH OTHER LEGISLATION Section 51(1) (d)
The below records are available in accordance with the following legislation, however, the records may not be a true representation of the records of the laws and legislation which Ocean Basket complies with:
RECORD SUBJECTS AND CATEGORIES Section 51 (1) (e)
General
Finance
Audit
Marketing
Company Secretary
People Practice (Human Resources)
Legal
Information Technology
Development – Store Builds
OB Academy / Learning and Development
ACCESS REQUESTS PROCEDURE Section 51(1) (e)
It is important to note that an application for access to information can be refused if the application does not comply with the procedural requirements of PAIA.
In addition, the successful completion and submission of an access request form does not automatically allow the requestor access to the requested record, especially if records cannot be found, or any other permissible grounds for refusal as provided for in PAIA.
If it is suspected that a requestor has obtained access to Ocean Basket records through the submission of materially false or misleading information, legal proceedings may by instituted against such requestor.
Completion Of Access Request Form
The Access Request Form set out in should be completed in order for Ocean Basket to respond to requests in a timely manner:
Please complete the form per the below instructions:
Complete the form in
Type or print in BLOCK LETTERS
Please provide sufficient details on the form to ensure the record can be identified, indicate the form access required, and identify the right which the requestor is seeking to exercise or protect and explain as to why the requested record is required for the exercise or protection of that right.
If the request is made on behalf of a person, the requestor must submit proof of capacity or identity in which the requester is making the request to the satisfaction of the contact person indicated in section 51(1)(a) of PAIA.
If a question does not apply, please state “N/A”.
If there is nothing to disclose to a particular question, please state “N/A” in response to that question.
If there is sufficient space on a printed form in which to answer a question, additional information may be provided on an additional page.
When the use of an additional page is required, precede each answer thereon with the title applicable to that question.
Submission Of Access Request Form
The completed Access Request Form set out in must be submitted either via post or email and must be addressed to the contact person indicated in section 51(1)(a) of PAIA.
An initial non-refundable R140.00 (one hundred and forty Rand) request fee is payable on submission of the request and before processing of such request and information must be provided for Ocean Basket to process the request. This fee is not applicable to individuals seeking access to records which contain their personal information.
Payment Of Fees
Payment details can be obtained from the IO as indicated in Section 51(1)(a) of PAIA and are set out in . Payment can be made via EFT and proof of payment must be supplied.
If the request for access to a record is granted, reproduction and / or preparation of the record(s)fees will be and will be calculated based on the Prescribed Fees as set out in . The access fee must be paid prior to access being given to the requested record.
NOTIFICATION
Requests will be evaluated, and the requestor notified within 30 (thirty) days of receipt of the completed Access Request Form.
Notification of Extension Period (if required)
The requestors may be notified whether an extension period is required for the processing of the requests including:
The required extension period which will not exceed an additional 30 (thirty) days;
Reasons for the extension as permitted by PAIA; and
Notice that the requestor may lodge an application with a court against the extension and the procedure, including the period, for lodging the application.
Payment of Deposit (if applicable)
The requestor may be notified whether a deposit is required. A deposit will be required on certain factors such as volume and / or format of the information requested and the time required for search and preparation of the record(s).
The notice will state:
The amount of the deposit payable; and
The requestor may lodge an application with a court against the payment of the deposit and the procedure, including the period, for lodging the application.
A deposit is required if it will take longer than six hours to search and/or prepare a record. The deposit shall amount to one third of the access fees requestor.
In the event the access is refused for the requested record(s), the full deposit will be refunded to the requester and a request for personal information such as the bank account details will be required (if applicable).
Decision On Request
If no extension period or deposit is required, the requestors will be notified within 30 (thirty) days of the decision on their requests.
If the request for access to a record is successful, the requestor will be notified of the followings:
The amount of the access fee payable upon gaining access to the record (if any);
An indication of the form in which the access will be granted;
Notice that the requestor may lodge an application with a court against the payment of the access fee and the procedure including the period for lodging the application.
If the request for access to a record is not successful, the requestor will be notified of the following:
Reason(s) for the refusal.
That the requestor may lodge an application with a court against the payment of the access fee and the procedure including the period for lodging the application.
Third Party Information
If access is requested to a record that contains information about a third party, Ocean Basket is obliged to attempt to contact this third party to inform them of the request. This allows the third party the opportunity to respond by either consenting to the access or by providing reasons why the access should be denied.
In the event, the third party provides reasons for the support or denies access, our designated IO will consider these reasons in determining whether access should be granted or not.
Grounds For Refusal
Ocean Basket may legitimately refuse to grant access to a requested record that falls within a certain category, which include:
Protecting personal information which Ocean Basket holds about a third person (a natural person), including a deceased person, from unreasonable disclosure.
Protecting commercial information which Ocean Basket holds about a third party or on Ocean Basket (for example, trade secrets, financial, commercial, scientific, or technical information that may harm the commercial or financial interests of Ocean Basket and/ or the third party).
If the disclosure of the record would result in a breach of duty or confidence owed to a third party in terms of an agreement.
If the disclosure of the record would prejudice or impair the security of property or means of transport.
If the disclosure of the record would endanger the life or physical safety of an individual.
If the disclosure of the record would prejudice or impair the protection of the safety of the public.
If the disclosure of the record would prejudice or impair the protection of a person in accordance with a witness protection scheme.
If the disclosure of the record (containing trade secrets, financial, commercial, scientific, or technical information) would harm the commercial or financial interest of Ocean Basket.
If the disclosure of the record is privileged from production in legal proceedings unless the legal privilege has been waived.
If the disclosure of the record is a computer programme.
If the disclosure of the record would place Ocean Basket at a disadvantage in contractual or other negotiations or prejudice it in commercial competition.
If the disclosure of the record contains information about research being carried out or about to be carried out on the behalf of a third party or Ocean Basket.
Records which cannot be found or do not exist
Ocean Basket will endeavour to do their best to search for the requested records, however, if Ocean Basket has searched for a record and it is believed the record does not exist or cannot be located, the requester will be notified by way of an affidavit or affirmation which will include the steps taken to locate the record.
REQUEST FOR ACCESS TO THE RECORD FORM
ACCESS REQUEST FORM
Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)
(Regulation 7)
Office Use Only
Received by:
Reference Number:
PARTICULARS OF BODY
Requests can be submitted by post or email and should be addressed to the relevant contact persons as indicated below:
Ocean Basket Holdings (Pty) Ltd
– Information Officer : Alicia Singh-Pillay
Postal Address: Private Bag X184, Halfway House, Midrand, 1685
Physical Address: 1st Floor Building 13, Thornhill Office Park, 94 Bekker Road,
Vorna Valley Ext 60, Midrand 1685
Phone Number: +27 11 655 1300
Email Address: alicia@oceanbasket.com
2A. PARTICULARS OF REQUESTOR (IF NATURAL PERSON)
Particulars of the person who requests access to the record must be recorded below and proof of identity must be attached by the requester.
Furnish a postal address and / or email address in the Republic of South Africa which information must be sent to.
Proof of the capacity in which the request is made, if applicable, must be attached.
Full name and surname: _________________________________________________________
_________________________________________________________
Identity number: _________________________________________________________
Postal address: _________________________________________________________
_________________________________________________________
Postal code: _________________________________
Street address: _________________________________________________________
_________________________________________________________
Postal code: _________________________________
Contact number: _________________________________________________________
Email address: _________________________________________________________
Capacity in which the request is made, when made on behalf of another person:
_____________________________________________________________________________
_____________________________________________________________________________
2B. PARTICULARS OF REQUESTOR (IF A LEGAL ENTITY)
Particulars of the entity which requests for access to the record must be recorded below.
Furnish a postal address and / or email address in the Republic of South Africa to which information must be sent to.
Proof of the capacity in which the request is made, if applicable, must be attached.
Name of Entity: _________________________________________________________
_________________________________________________________
Registration number: _________________________________________________________
Postal address: _________________________________________________________
_________________________________________________________
Postal code: ___________________________________
Contact number: _________________________________________________________
Email Address: _________________________________________________________
3. PARTICULARS OF PERSON ON WHOSE BEHALF REQUEST IS MADE
This section must only be completed if a request for information is made on behalf of another person.
Full name and surname: _________________________________________________________
_________________________________________________________
Identity number: _________________________________________________________
Postal address: _________________________________________________________
_________________________________________________________
Postal code: _________________________________
Street address: _________________________________________________________
_________________________________________________________
Postal code: _________________________________
Contact number: _________________________________________________________
Email address: _________________________________________________________
4. PARTICULARS OF RECORDS
Provide full particulars of the record to which access is requested, including the reference number if it is known to you, to enable the record to be located.
If the provided space is not enough, please continue on a separate page and attach to this form. Please ensure you sign the additional pages.
Description of record or relevant part of the record: __________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
Reference number if known: _____________________________________________________
Further particulars of record: _____________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
5. FEES
A request for access to a record, other than a record containing personal information about yourself, will be processed only after a non-refundable request fee of R140.00 has been paid.
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 the record.
The requester will be notified of the amount require to be paid as the access fee.
If you qualify for an exemption pf the payment of any fee, please state the reason.
Reason for exemption of payment of fees: __________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
6A. FORMS OF ACCESS TO RECORD
Form in which required is required – Mark the appropriate box with an X.
Compliance with your request in the specified form may depend on the form in which the record is available.
Access in the form requested may be refused under certain circumstances. In such a case, you will be informed whether access will be granted in another form.
The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.
If the record is in written or printed form:
Copy of record* Inspection of record
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*
If the record consists of recorded information that can be reproduced in sound:
Listen to the soundtrack (audio cassette)
Transcription of soundtrack* (written or printed document)
If the 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* (USB)
*If you requested a copy or transcription of a record (above), do you wish the record be posted to you? Postage is payable: Yes No
6B. IN THE EVENT OF DISABILITY
If you are prevented by a disability from reading, viewing or listening to the record in the form of access provided for in points 1 to 4 above, state your disability and indicate in the form in which the record is required:
Disability: ____________________________________________________________________
Form in which record is required: _________________________________________________
7. PARTICULARS OF RIGHT TO BE EXERCISED OR PROTECTED
If the space provided is not enough, please continue a separate page and attached to this form. Please ensure you sign the additional pages.
Indicate the right to be exercised or protected: _____________________________________
____________________________________________________________________________
____________________________________________________________________________
Explain why the record requested is required for the exercise or protection of the aforementioned right: _________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
8. NOTICE OF DECISION REGARDING REQUEST FOR ACCESS
You will be notified in writing whether your request has been approved or denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to meet with your request.
How would you prefer to be informed of the decision regarding your request for access to the record? ______________________________________________________________________
9. SIGNATURE
Signed ______________________ this __________ day of ________________________20____
___________________________________________________________
Signature of Requestor / Person on Whose Behalf the Request is Made
Requestor must:
Complete all necessary spaces.
Sign the Access Request Form.
Sign all additional pages and attach to the form.
Requestor to forward the below:
To the contact person indicated under Section 1 of this form.
R140.00 non-refundable request fee.
Any additional pages completed.
PRESCRIBED FEES IN RESPECT OF PRIVATE BODIES
PRESCRIBED FEES
(Section 54 (7) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)
Regulation 11 (3)
ALL PRICES LISTED BELOW ARE INCLUSIVE OF VALUE-ADDED TAX (VAT)
The capped total cost to search for and prepare the record for disclosure. |
R140.00 R2.00 R2.00 R60.00 R68.40 R24.00 R145.00 R435.00
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Additional Prescribed Information Section 51(1)(f)
The Minister of Justice has prescribed no additional information.
REQUEST FOR COPY OF THE GUIDE
REQUEST FOR A COPY OF THE GUIDE
(Section 51(1)(b)(i) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)
Regulations 2 and 3
Requests can be submitted by post or email and should be addressed to the relevant contact persons as indicated below:
Information Regulator of South Africa
Postal Address: P.O. Box 31533, Braamfontein, 2017
Physical Address: JD House, 27 Stiemens Street,
Braamfontein, Johannesburg, 2001
Phone Number: +27 10 023 5200
Email Address: enquiries@inforegulator.org.za
Ocean Basket Holdings (Pty) Ltd
– Information Officer : Alicia Singh-Pillay
Postal Address: Private Bag X184, Halfway House, Midrand, 1685
Physical Address: 1st Floor Building 13, Thornhill Office Park, 94 Bekker Road,
Vorna Valley Ext 60, Midrand 1685
Phone Number: +27 11 655 1300
Email Address: alicia@oceanbasket.com
REQUESTOR DETAILS
Full name and surname: ____________________________________________________
____________________________________________________
Identity number: ____________________________________________________
Postal address: ____________________________________________________
____________________________________________________
Postal code: _________________________________
Street address: ____________________________________________________
____________________________________________________
Postal code: _________________________________
Contact number: ____________________________________________________
Email address: _________________________________________________________
Capacity in which the request is made:
Information Officer Other
LANGUAGE AND COPIES OF THE GUIDE
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Language (make with “X”) |
No. of copies |
Language (make with “X”) |
No. of copies |
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Sepedi |
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Sesotho |
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Setswana |
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siSwati |
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Tshivenda |
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Xitsonga |
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Afrikaans |
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English |
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isiNdebele |
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IsiXhosa |
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isiZulu |
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MANNER OF COLLECTION
Street address: ____________________________________________________
____________________________________________________
Postal code: _________________________________
Contact number: ____________________________________________________
Email address: ____________________________________________________
SIGNATURE
Signed ______________________ this __________ day of ________________________20____
___________________________________________________________
Signature of Requestor / Person on Whose Behalf the Request is Made
OUTCOME OF REQUEST AND OF FEES PAYABLE
OUTCOME OF REQUEST AND OF FEES PAYABLE
(Section 56 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)
[Regulation 8]
Note:
If your request is granted the-
amount of the deposit, (if any), is payable before your request is processed; and
requested record/portion of the record will only be released once proof of full payment is received.
Please use the reference number hereunder in all future correspondence.
Reference number:
TO: _____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
Your request dated , refers.
You requested:
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Personal inspection of information at the registered address of Ocean Basket (including listening to recorded words, information which can be reproduced in sound, or information held on computer or in an electronic or machine-readable form) is free of charge. You are required to make an appointment for the inspection of the information and to bring this Form with you. If you then require any form of reproduction of the information, you are liable for the fess prescribed in . |
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OR
You requested:
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Printed copies of the information (including copies of an virtual images, transcriptions and information held on computer or in an electronic or machine readable form) |
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Written or printed transcription of virtual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.) |
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Transcription of soundtrack (written or printed document) |
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Copy of information on flash drive (including virtual images and soundtracks) |
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Copy of information on compact disc drive (including virtual images and soundtracks) |
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Copy of record saved on cloud storage server |
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To be submitted:
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Postal services to postal address |
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Postal services to street address |
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Courier service to street address |
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Facsimile of information in written or printed format (including transcriptions) |
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E-mail of information (including soundtracks if possible) |
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Cloud share/file transfer |
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Preferred language: (Note that if the record is not available in the language you prefer, access may be granted in the language in which the record is available) |
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Kindly note that your request has been:
Approved
Denied for the following reasons:
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Fees payable with regards to your request:
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Item |
Cost per A4-size page or part thereof/item |
Number of pages/items |
Total |
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Photocopy |
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Printed copy |
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For a transcription of visual images per A4-size page (A) |
Service to be outsourced. Will depend on quotation from Service Provider. Estimated Costs: (A) R60.00 (B) R68.40 |
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Copy of visual images (B) |
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Transcription of an audio record, per A4-size page |
R24.00 |
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Postage, e-mail or any other electronic transfer: |
Actual costs |
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TOTAL |
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Deposit payable (if search exceeds six hours):
Yes No
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Hours of search |
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Amount of deposit (calculated on one third of total amount per request) |
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The amount must be paid into the following Bank account:
Name of bank: _____________________________________________
Name of account holder: _____________________________________________
Type of account: _____________________________________________
Account number: _____________________________________________
Branch code: _____________________________________________
Reference number: _____________________________________________
Submit proof of payment to: _____________________________________________
Signed at ____________________ on this _________________ day of ________________20___
________________________________________
Signature of Information Officer
