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Section 51 Manual

ICAR TECHNOLOGIES ICAR TECHNOLOGIES MANUAL IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000.

1. INTRODUCTION

This information manual (“Manual”) is published in terms of Section 14 of the Promotion of Access to Information Act 2 of 2000 (“PAIA”). The PAIA gives effect to the provisions of Section 32 of the Constitution which provides for the right of access to information held by the State or Private Body and to information held by another person that is required for the exercise and/or protection of any right.

The purpose of the PAIA is to foster a culture of transparency and accountability in both the public and private sectors by affording any person the right of access to information to enable them to exercise and protect all of their rights to the full extent required.

This Manual has been prepared in respect of iCar Technologies (Pty) Ltd, which include the following entities: -

(i) Digi Cars - iCar Technologies (Pty) Ltd. (Registration Number 2017/055868/07); and

(ii) Olgars Auto - iCar Technologies (Pty) Ltd. (Registration Number 2017/055868/07), (hereinafter collectively referred to as “Company”).

The Company conducts business as a diversified (non-manufacturing) business in the automotive sector with unrivalled scale and scope in South Africa. The purpose of this Manual is to set out the procedures to be followed and criteria that have to be met for anyone (“requester”) to request access to records and personal information in the possession or under the control of the Company. In addition, this Manual explains how to access, request a correction or deletion of, or to object to personal information held by the Company, in terms of sections 23 and 24 of the Protection of Personal Information Act, 4 of 2013 (“POPI”).

Any requests made under this Manual shall be made in accordance with the prescribed procedures and at the rates provided.

 

2. INFORMATION OFFICERS AND CONTACT DETAILS

2.1 In terms of the PAIA, the Chief Executive Officer or equivalent officer of a private body is automatically designated as Chief Information Officer. The Company’s Chief Executive's details are as follows

Company: iCar Technologies (Pty) Ltd.

Office Manager: Mr Mohammed Omar

Postal Address: PostNet Suite #146, Private Bag X9951, Sandton, 2146

Street Address: 168 Grayston Drive, Sandton, 2146

Telephone number: +27 10 595 1180

Email Address: omar@digicars.co.za

2.2 Requesters are required to address all requests to the relevant Information Officer, at the contact details listed below.

Requests may be directed to:

Company: iCar Technologies (Pty) Ltd.

Information Officer: Mr Riaan Brits

Postal Address: PostNet Suite #146, Private Bag X9951, Sandton, 2146

Street Address: 168 Grayston Drive, Sandton, 2146

Telephone number: +27 10 595 1180

Electronic mail address: riaan@digicars.co.za

 

3. THE ACT

3.1 PAIA grants a requester access to records of the Company, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.

3.2 Requests in terms of PAIA shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 8 and 9.

 

4. SOUTH AFRICAN HUMAN RIGHTS COMMISSION (“SAHRC”) GUIDE ON PAIA AND POPI

A guide to the PAIA and the rights of requesters is available from the SAHRC or from their website: www.sahrc.org.za.  Should you have any queries in this regard, please contact the SAHRC directly at:

The South African Human Rights Commission:  PAIA Unit

The Research and Documentation Department

Private Bag 2700

Houghton

2041

Telephone: +27 11 484-8300

Fax: +27 11 484-05820

Website: www.sahrc.org.za 

E-mail: paia@sahrc.org.za

A guide to POPI can be obtained from and queries can be direct to the Information Regulator, who can be contacted directly at:

33 Hoofd Street Forum III, 3rd Floor Braampark

P.O Box 31533

Braamfontein, Johannesburg, 2017

Website: www.justice.gov.za/inforeg

E-mail: inforeg@justice.gov.za/complaints.IR@justice.gov.za

 

5. APPLICABLE LEGISLATION

Records are kept in accordance with such other legislation as applicable to the ICAR TECHNOLOGIES (PTY) LTD, which includes, but is not limited to:

Pension Fund Act 24 of 1956

Broad Bases Black Economic Empowerment Act No. 53 of 2003

Closed Corporations Act No 69 of 1984

Companies Act 71 of 2008

Income Tax Act 58 of 1962

Unemployment Insurance Act 63 of 2001

Value-Added Tax Act 89 of 1991

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Occupational Health and Safety Act 85 of 1993

Labour Relations Act 66 of 1995

Basic Conditions of Employment Act 75 of 1997

Employment Equity Act 55 of 1998

Skills Development Levies Act 9 of 1999

Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002

Long Term Insurance Act 52 of 1998

Tax on Retirement Fund Act 38 of 1996

Financial Services Board Act 97 of 1990

The Friendly Societies Act 25 of 1956

The Financial Institutions (Protection of Funds) Act 28 of 2001

Consumer Protection Act 68 of 2008

Secondhand goods Act No 6 of 2009

Copyright Act 98 of 1978

Electronic Communications and Transmission Act 25 of 2002

Financial Advisory and Intermediary Services Act 37 of 2002

Financial Intelligence Centre Act 38 of 2001

Insolvency Act 24 of 1936

National Credit Act 34 of 2005

Promotion of Access to Information Act 2 of 2000

Short Term Insurance Act 53 of 1998

Skills Development Act 97 of 1998

Trade Marks Act 194 of 1993

Unemployement Insurance Contributions Act 4 of 2002

 

6. SUBJECTS AND CATEGORIES OF RECORDS

In order to facilitate a request for access to iCar Technologies (Pty) Ltd. Pre-Owned records, the subjects and categories of records held by iCar Technologies (Pty) Ltd Pre-Owned are listed below:

6.1 Companies Act Records

Memorandum of incorporation

Minutes of Board of Directors Meetings

Records related to the appointment of directors / auditors / secretary / public officer and other officers

Share Register and other statutory registers

6.2 Financial Records

Annual Financial Statements

Tax Returns

Accounting Records

Bank Statements

Asset Register

Rental Agreements

Invoices

6.3 Income Tax and other Tax Records

PAYE records

Documents issued to employees for income tax purposes

Records of payments made to SARS on behalf of employees

VAT records

Regional Services Levies records

Skills Development Levies records

UIF records

6.4 Information Technology Records

Hardware and software licences

Telephone lines, leased lines and data lines

6.5 Personal Records

Workmen’s Compensation records

Employment contracts

Employment Equity Plan and reports

Medical Aid records

Pension Fund records

Disciplinary records

Salary records

SETA records

Company policies and procedures

Leave records

Training records

6.6 Client Related Records

Records which contain information of iCar Technologies (Pty) Ltd clients, whether natural or justistic, that receive a service from iCar Technologies (Pty) Ltd that have either been provided to iCar Technologies (Pty) Ltd by the client or generated by iCar Technologies (Pty) Ltd in respect of the client.

6.7 Legal Records

Various Legal Agreements including supplier agreements, lease agreements, service level agreements, and brand agreements.

 

7. SECTION 51 (1) (f) – ADDITIONAL PRESCRIBED INFORMATION

7.1 The following applies to requests (other than personal requests):

7.1.1 A requestor is required to pay the prescribed fees (R35.00) before a request will be processed;

7.1.2 If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);

7.1.3 A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;

7.1.4 Records may be withheld until the fees have been paid.

7.1.5 The fee structure is available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za.

8. REQUEST PROCEDURE

8.1 Form of request

8.1.1 The Requester must use the prescribed form to make the Request for access to a record. This must be made to the head of iCar Technologies (Pty) Ltd. This Request must be made to the address, fax number or electronic mail address as stated above.

8.1.2 The Requester must provide sufficient detail on the Request form to enable the head of the iCar Technologies (Pty) Ltd to identify the record and the Requester. The Requester should also indicate which form of access is required. The Requester should also indicate if any other manner is to be used to inform the Requester and state the necessary particulars to be so informed.

8.1.3 The Requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right.

8.1.4 If a Request is made on behalf of another 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 iCar Technologies (Pty) Ltd.

8.2 Fees

8.2.1 A Requester who seeks access to a record containing personal information about that Requester is not required to pay the Request fee. Every other Requester, who is not a personal Requester, must pay the required Request fee:

8.2.1.1 The head of iCar Technologies (Pty) Ltd 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.

8.2.1.2 The Requester may lodge an application to the court against the tender or payment of the Request fee.

8.2.1.3 After the head of iCar Technologies (Pty) Ltd has made a decision on the Request, the Requester must be notified in the required form.

8.2.1.4 If the Request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.

9. AVAILABILITY OF THIS MANUAL

This Manual is available for inspection upon request, during Office Hours and free of charge at iCar Technologies (Pty) Ltd offices. Copies of the Manual are also available from the SAHRC and on the website of Digi Cars.

10. FORMS

REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY Download

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Disclaimer: These calculations serve as a guideline only. The actual amount you pay will depend on variables incorporated into calculations, as well as any or all of the following variables: Warranty, Service & Delivery Fees, Licence & Registration Fees, Number Plates, Fuel and Insurance. Olgar’s Auto cannot accept responsibility for any loss suffered as a result of information derived from this calculator.

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