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Sorbet Holdings (Proprietary) Limited

Registration number:  2005/019913/07

(and all its subsidiaries and related entities)

Promotion of Access to Information Manual

 (Prepared in terms of Section 51 of the Promotion of Access to Information Act, 2 of 2000 (“the Act”)

1              Introduction

1.1            The 1996 South African Constitution provides a statutory right of access on request to any record held by the state as well as access to records held by the State or any other person that is required for the exercise or protection of any right.

1.2            The Promotion of Access to Information Act, Act No. 2 of 2000 (“PAIA”), which came into effect on 9 March 2001, seeks to advance the values of transparency and accountability in South Africa and provides the mechanism for requesters to exercise their constitutional right to request access to a record.

1.3            PAIA establishes the following statutory rights of requesters to any record of a private body if:

1.3.1                  That record is required for the exercise or protection of any of his or her legal rights.

1.3.2                  That requester complies with all the procedural requirements.

1.3.3                  Access is not refused in terms of any ground referred to in PAIA.

1.4            The information in this manual: –

1.4.1                  is published on Sorbet Holdings (Proprietary) Limited (“the Company” or Sorbet’s”) website, www.sorbet.co.za, in accordance with the requirements of Section 51 of PAIA to facilitate access to records held by the Company; and

1.4.2                  applies to the Company and all its subsidiaries and related entities forming part of the Sorbet group, including, but not limited to: –

1.4.2.1                 The Sorbet Experience (Proprietary) Limited (2004/020621/07)

1.4.2.2                 Candi and Co – Professional Salons (Proprietary) Limited (2014/091561/07)

1.4.2.3                 Sorbet Man (Proprietary) Limited (2015/076024/07)

1.4.2.4                 Sorbet Brands (Proprietary) Limited (2005/001096/07)

1.5            The Company, and each of its subsidiaries, is a private body as defined in the Act, and this manual contains the information specified in section 51(1) of the Act, which is applicable to such a private body. This information is as follows:

1.5.1                  the contact details of the head of the private body;

1.5.2                  a description of the guide referred to in section 10 of the Act;

1.5.3                  a description of the records of the private body which are available in terms of any legislation other than the Act;

1.5.4                  a description of the subjects on which the private body holds records and the categories of records held on each subject in sufficient detail to facilitate a request for access to a record; and

1.5.5                  other information as prescribed by regulation.

2               Overview of the company

2.1            Establishment of the Company

The Company was incorporated as a private company in 2005 as a holding company in the Sorbet group.

2.2            Objectives of the Company

2.2.1       With a view to creating a national chain of beauty salons and nail bars in South Africa, the Company created and launched the Sorbet brand in August 2005, the Candi&Co brand in 2014, and the Sorbet Man brand in 2015, which operate under separate wholly owned subsidiary companies.

2.2.2       The Sorbet brand has established a strong foothold in all metropolitan areas and has created a growing demand for the launch of a franchise model.

2.2.3       In April 2017, Long4Life, a listed investment holding company, acquired the Company.

2.2.4       The Company operates as a holdings company through which it operates the Sorbet brand as a distinctive business and franchise system in terms whereof group subsidiaries (acting as franchisor) enters into written franchise agreements with third party operators (as franchisees) in terms whereof the third party operators are licenced to operate a beauty salon, nail bar and/or professional skin care retail outlet under the name and style “SORBET”, “CANDI&CO”, or “SORBET MAN”.

3               Key contract details

Any queries in relation to this manual may be sent by email to:

The Chief Information Officer:            Email: info@sorbet.co.za

Street address:           Sorbet Place

6 Mellis Road

Rivonia

Sandton

Gauteng

Postal Address:           Private Bag X16

Rivonia

Sandton, 2128

Tel:                              011 202 7940

e-mail:                         info@sorbet.co.za

website:                       www.sorbet.co.za

4               Guide on how to use the Promotion of Access to Information Act

The Human Rights Commission has compiled a guide, as referred to in Section 10 of the Promotion of Access to Information Act 2 of 2000.  The guide contains information to assist a person wishing to exercise a right in terms of the Act.

The Guide is available for inspection from:

The South African Human Rights Commission

PAIA Unit

Forum 3, Braampark Office Park, 33 Hoofd Street, Braamfontein

Website:  http://www.sahrc.org.za

Postal address:  Private Bag 2700, Houghton, 2041

Telephone:  +27 11 877 3600

Email:  PAIA@sahrc.org.za

info@sahrc.org.za

5               Records available and held in accordance with other legislation

5.1            Section 51(1)(d) of the PAIA stipulates that the Company is required to maintain records pertaining to all other legislative requirements which pertain to the Company’s business and which the Company adheres to.

5.2            As such, the Company holds and maintains records in accordance with the following legislation:

  • Basic Conditions of Employment Act, No 75 of 1997
  • The Constitution of the Republic of South Africa, 1996
  • Companies Act No 71 of 2008
  • Compensation for Occupational Injuries and Diseases Act 130 of 1993
  • Competition Act No 89 of 1998
  • Consumer Protection Act 68 of 2008
  • Employment Equity Act 55 of 1998
  • Electronic Communications and Transactions Act No 2 of 2000
  • Income Tax Act No 58 of 1962
  • Labour Relations Act No 66 of 1995
  • Promotion of Access to Information Act No 2 of 2000
  • Protection of Personal Information Act 2013
  • Skills Development Act 97 of 1998
  • Skills Development Levies Act 9 of 1999
  • Unemployment Insurance Act No 63 of 2001
  • Unemployment Insurance Contributions Act 4 of 2002
  • Value-added Tax Act No 89 of 1991

6               Records held / generated by the company

6.1            Categories of Records

The categories of records generated by the Company are classified in the manner listed below.

6.2            Categories of records automatically available

No notices relating to the Company have been published by the Minister in terms of section 52(2) of the Act.

Certain records are available without needing to be requested in terms of the request procedures set out in the Act and provided for in this manual. This information may be inspected, collected, purchased or copied (at the prescribed fee for reproduction) at the Companies offices. Certain information is also available on the Company’s website. These records include: Marketing brochures & Disclosure Document

6.3            Categories of records not automatically available

The following is a list of the subjects on which the Company holds records and the categories into which these fall. The procedures in terms of which such records may be requested from the Company is set out in Section 7 of the Manual. The provision of these records are subject to the conditions as set out in 6.2.1 and 6.2.2 below.

 

AdministrationPolicies and procedures
Statutory records/legal

Incorporation documents

Memorandum of Incorporation

Share register and statutory returns to relevant authorities

Information management and technology

Contract agreements with service providers

Policies, procedures and guidelines

Financial 

Accounting records

Tax registration and records

Asset register

Interim and annual financial statements

Bank statements

Human Resources

List of employees

Employment contracts

Conditions of employment

Personnel records including personal details, disciplinary records, performance and internal evaluation records

Payroll records

Internal policies and procedures

Suppliers

Supplier lists and details of suppliers

Agreements with suppliers

Support and maintenance agreements

Property

Lease agreements

Insurance records for movable and immovable property

 

6.3.1       Whilst the records listed in the categories above may be formally requested, access to all or parts of these records may be refused or restricted to satisfy the objectives as set out in Section 9 of the PAIA, which include the observation of limitations aimed at the reasonable protection of privacy, commercial confidentiality (such as a confidence owed to a third party in terms of an agreement) and effective, efficient and good governance, and in a manner which balances the right to access of information with any other rights, including those set out in the Bill of Rights in Chapter 2 of the Constitution.

6.3.2       The Company further reserves the right to refuse access to records where the processing of the record will result in a substantial and unreasonable diversion of its resources or which are sensitive in nature.  Access will also be refused where requests are clearly frivolous and/or vexatious.

7               Request procedure

7.1            Telephonic requests

Requests made to the Company telephonically are not valid and will not be entertained.

7.2            Formal requests and fees payable

7.2.1       A request for access to records held by the Company in terms of section 50 of the Act must be made on the form contained in the Regulations regarding the PAIA (Form C). A copy of the form is attached as Annexure A to this manual.

7.2.2       The request must be made to the Company at the address, telefax number or email address, specified in Section 3 above. Requesters will be assisted in completing the form if required.

7.2.3       If a person is making a request on behalf of another, then written evidence that they have been requested to do so must be submitted to the Company.

7.2.4       A requester must provide sufficient detail on the prescribed form to allow the Company identify the record or records which have been requested and the identity of the requester.

7.2.5       The requester is also required to indicate the form of access to the relevant records that is required, and to provide his, her or its contact details in the Republic of South Africa.

7.2.6       The requester is required to identify the right that he, she or it is seeking to exercise by accessing records held by the Company and to explain why the particular record or records requested is or are required for the exercise or protection of that right.

7.2.7       The Company will endeavour to provide information in the form requested where possible.

7.2.8       A timeframe of up to 30 (thirty) business days is permitted for the Company to respond to the request. These 30 (thirty) days may be further extended to another 30 (thirty) business days if necessary, on notification to the requester.

7.2.9       Where a request is refused, a requester may apply to court within 30 days of being informed of the refusal of the request, for an order compelling the record or records requested to be made available to the requester or for another appropriate order. The court will determine whether the records should be made available or not.

8               Request fees and payment method

8.1            PAIA prescribes fees that must be paid by a requester when applying to access information. The fee schedule is attached hereto.

8.2            Fees are payable at the inception of a request and thereafter, fees are incurred for search processes and reproduction costs.

8.3            All payments are to be made directly into the bank account of the Company.

8.4            Requests for voluminous non-personal records will not be accepted without prior payment.

8.4.1       If a request is granted, then a further access or search fee is required. This fee is calculated in terms of the rates set out in the attached regulation. Fees are charged for time spent searching for the record and preparing and / or reproducing the record/s.

9               Availability of this manual

The manual is available in English and will be available at the Company itself and on the Company’s website www.sorbet.co.za

10           Updating of this manual

This manual will be updated whenever amendments to current legislation pertaining to access to information need to be reflected, or as required by the Company.

11           Exemption from the minister

The Minister may exempt any public body or category of public bodies from any provision of Section 14 of the Promotion of Access to Information Act for such period as the Minister thinks fit. The Company is not exempt from any provision of Section 14 of the PAIA.

12           Missing records

Requesters have the right to receive a response in regard to records which cannot reasonably be located, but to which a requester would have had access had the record been available.

13           Disposal of records

Requesters will be advised whether a particular record has been disposed of where this is relevant to the records requested.

14           General note

The Company reserves the right to transfer requests for records to relevant bodies where these bodies were the primary holders or generators of the information requested, or where the Company no longer has possession of such record, and to create new categories of records where this is necessary. This manual will be updated to reflect changes in categories of records accordingly.

 

   Schedule of fees

Description

Fee

The fee for a copy of the manual as contemplated in regulation 5(c) is R0,60 for every photocopy of an A4-size page or part thereof.

R0.60

Reproduction fees: Regulation 11(1):

For every photocopy of an A4-size page or part thereof

R1.10

For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form

R0.75

For a copy in a computer-readable form on:

(i)        Compact disc

 

R70.00

For a transcription of visual images:

(i)        for A4-size page or part thereof

(ii)      copy of visual images

(iii)     transcription of an audio record, A4 size page or part thereof

(iv)     copy of an audio record

 

R40.00

R60.00

R20.00

 

R30.00

Request fee payable by a requester, other than a personal requester

R50.00

Search fees – to search and prepare a record for disclosure. The fee is charged per hour (or part of the hour).

R30.00

 

For purposes of Section 22(2) of the Act, the following applies:

a)        in the event that the preparation of the record requested exceeds preparation time of six hours, a deposit will be payable by the requester; and

b)        one third of the access fee is payable as a deposit by the requester.

 

The actual postage is payable when a copy of a record must be posted to a requester.

 


Formal Request Form for Documents not automatically available

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