Furnmart PAIA Policy

SECTION 51

PAIA Manual of XTREME DISCOUNTERS (PTY) LTD & FURNMART (PTY) LTD

Prepared and compiled on 2021-07-18 in accordance with Section 51 of the Promotion of Access to Information Act No. 2 of 2000 (PAIA), and

The Protection of Personal Information Act No. 4 of 2013 (POPI) in respect of Xtreme Discounters (Pty) Ltd and its associated company, Furnmart (Pty) Ltd.

Xtreme Discounters (Pty) Ltd  Registration No:   2004/018401/07              

Furnmart (Pty) Ltd  Registration No:   2009/015983/07

1. INTRODUCTION & SCOPE

 Xtreme Discounters (Pty) Limited and Furnmart (Pty) Limited comprise a Head Office, a Distribution Centre (warehouse) and stores, trading as Furnmart.  The head office is based at 13 Herman Road, Meadowdale, Johannesburg, South Africa.

Wherever reference is made to “Furnmart” in this manual, it will refer to Xtreme Discounters (Pty) Ltd and Furnmart (Pty) Ltd and all its entities for whom this manual is drafted.

This PAIA manual has been prepared in respect of the following South African entities:

1. Xtreme Discounters (Pty) Ltd (trading as Furnmart)
2. Furnmart (Pty) Ltd

2. THE ACT

The Promotion of Access to Information Act, No. 2 of 2000 (“The Act”) was enacted on 3 February 2000, giving effect to the right of access to any information held by Government, as well as any information held by another person who is required for the exercising or protection of any rights. This right is entrenched in the Bill of Rights in the Constitution of South Africa. Where a request is made in terms of The Act, the body to which the request is made is not obliged to release the information, except where The Act expressly provides that the information may or must be released. The Act sets out the requisite procedural issues attached to such request.            

3. PURPOSE OF THE MANUAL

To promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in terms of The Act, allowing them to exercise their rights in relation to public and private bodies.

Section 9 of The Act, however, recognizes that the rights to access to information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to: 

• Limitations aimed at the reasonable protection of privacy,
• Commercial confidentiality; and
• Effective, efficient and good governance

The Act further states that such rights are provided in a manner that balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.

4. GENERAL CONTACT DETAILS:

Information Officer:         David Bronn

Postal Address:                P.O. Box 5144, Meadowdale, 1614

Physical Address:           13 Herman Road, Meadowdale, Jhb, 1614

Telephone No:                 (011) 657 4300

E-mail:                              informationofficer@furnmartgroup.com

Website:                             www.furnmartco.za

5. SOUTH AFRICAN HUMAN RIGHTS COMMISSION GUIDE

The South African Human Rights Commission had compiled the guide contemplated in Section 10 of The Act.  It contains such information as may reasonably be required by a person who wishes to exercise any right contemplated in The Act. The Guide is available for inspection, inter alia at 29 Princess of Wales Terrace, cnr. York and St Andrews Street.  Any enquiries regarding this guide should be directed to:

RESEARCH AND DOCUMENTATION DEPARTMENT

Private Bag X2700, HOUGHTON, 2041
Telephone Number:  (011) 484-8300
Facsimile Number:  (011) 484-1360
Website:  www.sahrc.org.za;
PAIA@sahrc.org.za

6. RECORDS AUTOMATICALLY AVAILABLE TO THE PUBLIC

A section 52(2) notice regarding the categories of records, which are available without a person having to request access in terms of The Act, has to date not been published.

7. RECORDS OF FURNMART

This clause serves as a reference to the records that Furnmart holds in order to facilitate a request in terms of The Act.

The information is classified and grouped according to records relating to the following subject and categories:  It is recorded that the accessibility of the documents listed herein below, may be subject to the grounds of refusal set out hereinafter.

8. RECORDS REQUIRED IN TERMS OF LEGISLATION

Records are kept in accordance with legislation applicable to Furnmart, which includes but is not limited to, the following – 

• Companies Act 61 of 1973
• Basic Conditions of Employment Act 61 of 1973
• Employment Equity Act 55 of 1998
• Financial Intelligence Centre Act 38 of 2001
• Income Tax Act 58 of 1962
• Value Added Tax Act 89 of 1991
• National Credit Act 34 of 2005
• Short Term Insurance Act 53 of 1998
• Labour Relations Act 66 of 1996

Reference to the above-mentioned legislation shall include subsequent amendments and secondary legislation to such legislation.

9. REQUEST PROCEDURE FOR OBTAINING INFORMATION

 Access to records held by Furnmart.

Records held by Furnmart may be accessed by request only once the prerequisites for access have been met.

The requester must fulfil the prerequisites for access in terms of The Act, including the payment of a request and access fee.

The requester must comply with all the procedural requirements contained in The Act relating to the request for access to a record.

The requester must complete the prescribed form, (Form 2) and submit the form as well as payment of the request fee and a deposit, if applicable, to the Information Officer at the postal or physical address, fax number or electronic mail address as stated herein.

Form 2 must be filled in with enough particulars to at least enable the Information Officer to identify – 

• The record or records requested,
• The identity of the requester,
• Which form of access is required, if the request is granted,
• The postal address or fax number or email address of the requester.

The requester must state that he/she requires the information in order to exercise or protect a right, and clearly state what the nature of the right to be exercised or protected is.  In addition, the requester must clearly specify why the record is necessary to exercise or protect such a right.

Furnmart will process the request within 30 days, unless the requester has stated a special reason that would satisfy the Information Officer that circumstances dictate that the above time periods are not complied with.

The requester shall be informed whether access has been granted or denied.  If, in addition, the requester requires the reason for the decision in any other manner, he / she must state the manner and the particulars so required.

If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requesters making the request, to the reasonable satisfaction of the Information Officer.

If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.

The requester must pay the prescribed access fee before any further processing can take place.

10. FEES

 The Act provides for two types of fees, namely:

• A request fee, which will be a standard fee; and
• An access fee, which must be calculated by considering reproduction costs, search and preparation time and cost, as well as postal costs.

When the Information Officer receives the request, such Officer shall by notice require the requester, other than a personal requester, to pay the prescribed request fee, if any, before any further processing of the request.

If the search for the record requires more than the hours prescribed in the regulation for this purpose, the Information Officer shall notify the requester to pay as a deposit, the prescribed portion of the access fee which would be payable if the request is granted.

The Information Officer shall withhold a record until the requester has paid the Fees as indicated on Form 3.

A requester, whose request for access to a record has been granted, must pay an access fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure, including arrangements to make it available in the requested form.

If a deposit has been paid in respect of a request for access, which is refused, then the Information Officer concerned will repay the deposit to the requester.

Request Fee

 Where a requester submits a request for access to information held by Furnmart or a person other than the requester him - / herself, a request fee in the amount of

R50-00 is payable up-front before Furnmart will further process the request received.

Access Fees

An access fee is payable in all instances where a request for access to information is granted, except in those instances where payment of the access fee is specifically excluded in terms of an exclusion as determined by the Minister in terms of Section 54 (8) of The Act.

The access fees that will be payable are:

• For every photocopy of an A4-size page or part thereof R 1.10
• For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form R 0.75
• For a copy in computer-readable form on Compact disc R 70.00
• A transcription of visual images, for an A4-size page or

part thereof   R 40-00

• For a copy of visual images R 60-00
• A transcription of an audio record, for an A4-size page

or part thereof   R 20-00

• For a copy of an audio record R 20-00
• To search for a record that must be disclosed (per hour or part of an hour reasonably required for such search)  R 30-00

Where a copy of a record has to be posted the actual postal fee is payable.

Deposits:

Where Furnmart receives a request for access to information on a person other than the requester him / herself and the Information Officer upon receipt of the request is of the opinion that the preparation of the required record of disclosure will take more than 6 (six) hours, a deposit is payable by the requester.

The amount of the deposit is equal to one third of the amount of the applicable access fee.

Note: In terms of Regulation 8, Value Added Tax (VAT) must be added to all fees prescribed in terms of the Regulations.

11. GROUNDS FOR REFUSAL OF ACCESS TO INFORMATION

The main grounds for Furnmart to refuse a request for information relates to the:

• Mandatory protection of the privacy of a third party that is a natural person that would involve the unreasonable disclosure of personal information of that natural person,
• Mandatory protection of the commercial information of a third party, if the record contains:
  • Trade secrets of that third party,
  • Financial, commercial, scientific, or technical information, disclosure of which could likely cause harm to the financial or commercial interests of that third party,
  • Information disclosed in confidence by a third party to Furnmart if the disclosure could put that third party at a disadvantage in negotiations or commercial competition.
• Mandatory protection of confidential information of third parties if it is protected in terms of any agreement,
• Mandatory protection of confidential information of the protection of property,
• Mandatory protection of records that would be regarded as privileged in legal proceedings.                 

The commercial activities of Furnmart, which may include:

• Trade secrets of Furnmart,
• Financial, commercial, scientific, or technical information, disclosure which could likely cause harm to the financial or commercial interest of Furnmart,
• Information which, if disclosed, could put Furnmart at a disadvantage in negotiations or commercial competition,
• A computer program, owned by Furnmart and protected by copyright.
• The research information of Furnmart or a third party, if its disclosure would reveal the identity of Furnmart, the researcher or the subject matter of the research and would place the research at a serious disadvantage,
• Requests for information that are clearly frivolous or vexatious, or which would involve an unreasonable diversion of resources shall be refused.

12. REMEDIES AVAILABLE IN THE EVENT OF REFUSAL OF REQUEST FOR INFORMATION

Internal remedies

Furnmart does not have an internal appeal procedure.  As such, the decision made by the Information Officer is final, and requesters will have to exercise such external remedies at their disposal if the request for information is refused, and the requester is not satisfied with the answer supplied by the Information Officer.

External remedies

A requester who is dissatisfied with the Information Officer’s refusal to disclose information, may, within 30 days of notification of the decision, apply to a Court for relief.

Likewise, a third party dissatisfied with an Information Officer’s decision to grant a request for information, may within 30 days of notification of the decision, apply to a Court for relief.  A Court for relief, is a Court of Law as referred to in The Act or any other Court of similar status.

13. DECISION

Furnmart will within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.

The 30-day period within which Furnmart has to decide whether to grant or refuse the request, may be extended for a further period of not more than thirty days if the request is for a large amount of information, or the request requires a search for information held at another office of Furnmart and the information cannot reasonably be obtained within the original 30-day period. Furnmart will notify the requester in writing should an extension be sought.

14. AVAILABILITY OF THE MANUAL

This PAIA manual of Furnmart is available at the premises of Furnmart as well as on the website of Furnmart.

The following forms, used when applying for access to information, Form 2 – Request for Access to Record and Form 3 – Outcome of Request and of Fees payable are also available on the website

DOWNLOADABLE FORMS

FORM 02: Request for Access to Record

FORM 03: Outcome of request and of fees payable

Updated: 17^th October 2023