Manual Prepared in Accordance with Section 51 of The Promotion
of Access to
Information Act (Act No. 2 of 2000) (The Act)
For
Bokamoso Advisory Services (Pty) Ltd (Reg. No. 2013/195077/07)
Compiled: 28/07/2021
Last Review: 01/03/2022
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1. Introduction
Bokamoso Advisory Services (Pty) Ltd (Bokamoso) is an accounting firm that provides
accounting services, back-office support and digital tools/solutions to small and medium
companies (SMEs). One of the digital tools/solutions provided is “BlackBooks” fixed asset
management platform. A digital tool for the management of fixed asset for business (fixed
assets includes both tangible and non-tangible assets.
This manual sets outs the procedure to be followed by a requester when requesting access to
information/documents including Personal Information from Bokamoso and Scryba as
contemplated in terms of the Act read together with POPIA (Protection of Personal
Information Act). This manual may be amended from time to time and the latest version will
be made public once all amendments have been finalized.
Any requester is advised to contact Charles Cele (info@bokamosoas.co.za) should the
requester require any assistance in respect of the utilization of this manual and or the
requesting of documents/information including Personal Information from Bokamoso and
BlackBooks.
In this manual, unless the context indicates otherwise:
“the Act” shall mean the Promotion of Access to Information Act No. 2 of 2000
as amended, together with all the relevant regulation published;
“Data Subject shall mean the person to whom Personal Information relates in terms
of section a of POPIA;
“Information shall mean the Information Regulator established in terms of section
Regulator 36 of POPIA;
“the/this manual shall mean this manual together with all the annexures thereto as
available from the office or website of Bokamoso and the information
regulator from time to time;
“personal information” shall mean that as defined under section 1 of POPIA namely;
information relating to an identifiable, living, natural person,
and where it is applicable, an identifiable, existing juristic
person, including, but not limited to
(a) information relating to the race, gender, sex, pregnancy, marital
status, national, ethnic or social origin, colour, sexual orientation,
Type text here
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age, physical or mental health, well-being, disability, religion,
conscience, belief, culture, language and birth of the person;
(b) information relating to the education or the medical, financial,
criminal or employment history of the person;
(c) any identifying number, symbol, e-mail address, physical address,
telephone number, location information, online identifier or other
particular assignment to the person;
(d) the biometric information of the person;
(e) the personal opinions, views or preferences of the person;
(f) correspondence sent by the person that is implicitly or explicitly of
a private or confidential nature or further correspondence that would
reveal the contents of the original correspondence;
(g) the views or opinions of another individual about the person; and
(h) the name of the person if it appears with other personal
information relating to the person or if the disclosure of the name
itself would reveal information about the person;
“POPIA shall mean the Protection of Personal Information Act No. 4 of 2013 as
amended, together with all relevant regulations published;
“the Republic” shall mean Republic of South Africa;
“requester” shall mean any person or entity requesting information/documents from
Bokamoso or BlackBooks as contemplated in terms of the Act and POPIA
and;
“SAHRC
shall mean the South African Human Rights Commission.
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2. Contact Details
(Section 51(1)(a) of the act as amended by POPIA)
Name of Body:
Bokamoso Advisory Services (Pty) Ltd
Director(s)
Charles Basheer Cele
Appointed Information
Officer:
Charles Basheer Cele
Physical Address:
184 Glover Avenue
Cyprus Valley
Centurion
Pretoria, 0157
Postal Adress:
Box 362
Postnet Sut X1015
Lyttleton Centurion
Pretoria, 0140
Telephone:
071 061 6681
Email:
info@bokamosoas.co.za
3. Description of the Guide in terms of Section 10 of the Act and POPIA
(Section 51(1)(b)(i) of the Act as amended by POPIA)
The Act and POPIA grants a requester access to records of a private body, if the records are
required for the exercise of protection of any rights. If the requester is a public body. It must
lodge a request to access the records of a private body acting in the public interest.
Requests in terms of the Act and POPIA shall be made in accordance with the prescribed
procedures. The request form and prescribed fees are set out in paragraphs 8 and 9.
A guide has been compiles by the SAHRC which must be updated by the Information Regulator
in terms of section 10 of the Act read together with POPIA. The updated guide is
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made available by the Information Regulator in terms of POPIA. The guide inter alia contains
information as may reasonably be required by a person who wishes to exercise any right
contemplated in the Act and POPIA. The guide is available in all official languages on the
Republic, from the Information Regulator and the SAHRC.
The contact details of the Information Regulator:
Physical Address:
33
Hoofd Street,
Forum
3,
3rd Floor Braampark,
Braamfontein, 2017
Telephone: [n/a]
Fax: [n/a]
Website: https//www.justice.gov.za/inforeg/index.html
Email:
inforeg@justice.gove.za
The contact details of the SHRC:
Physical Address:
33
Hoofd Street,
Forum
3,
3rd Floor Braampark,
Braamfontein, 2017, Private Bag X2700, Houghton, 2041
Telephone: 011 877 3600
Fax: 011 403 0668
Website: https//www.sahrc.org.za/
Email:
mnyuswa@sahrc.or.za
4. Description of Records Available in Accordance with other Legislation
(Section 51(1)(b)(iii) of the Act as amended by POPIA)
Bokamoso and Scrybakeep such information/documents including Personal information
as required in accordance with the following legislation (Please note the list is not exhaustive)
Basic Conditions of Employment Act, No 75 of 1997
Broad Based Black Economic Empowerment Act 53 of 2003
Companies Act 71 of 2008
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Competition Act 89 of 1998
Consumer Protection Act No. 68 of 2008
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Customs and Excise Act No. 91 of 1964
Electronic Communications and Transactions Act No 25 of 2002
Employment Equity Act No. 55 of 1998
Income Tax Act No. 58 of 1962
Labour Relation Act No. 66 of 1995
National Credit Act No. 34 of 2005
Occupational Health and Safety Act No. 85 of 1993
Pension Funds Act No. 24 of 1956
Promotion of Access to Information Act No. 2 of 2000
Skills Development Act No. 97 of 1999
Skills Development Levies Act No. 9 of 1999
Trade Marks Act No. 194 of 1993
Unemployment Insurance Act No. 63 of 2001
Unemployment Insurance Contributions Act No. 4 of 2002
Value-Added Tax Act No. 89 of 1991
5. Requesting Access to Information
(Section 51(1)(b)(iv) of the Act as amended by POPIA)
A request for access to information must be made by the categories of subjects below:
A customer of either Bokamoso or BlackBooks can request access to information
through, and in accordance with, the respective Customer Privacy Policies available
on the respective webpages.
A marketplace seller or supplier of Bokamoso or BlackBooks can request access to
information through the requisite seller or supplier portals.
An employee of Bokamoso or BlackBooks can request access to information through
Human Resources.
All other third parties (general public requests) can request access to information
through form C set out in Annexure A below, to the appointed information officer
indicated in paragraph 2 above by emailing admin@scrybatech.com. All required text
fields in Form C must be completed in full and in a legible form. The Form (as well
as any additional pages attached thereto) must be signed by the requester. Once Form
C has been properly submitted, the appointed information officer will notify the
requester of the prescribed fee (if any) payable before further processing the request.
All requesters must provide sufficient detail to enable Bokamoso or BlackBooks to identify:
The record(s) requested;
The requester;
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If the request is made on behalf of a person, to submit proof of the capacity in which
the requester is making the request, to the reasonable satisfaction of the head;
The form of access required;
The address, telephone and/or fax number or the requester in the Republic;
The right the requester is seeking to exercise or protect and an explanation of why
the requested record is required for the exercise or protection of that right; and
If the requester wishes to be informed of the decision in any manner, (in addition to
written) the manner and particulars thereof.
The categories of records are as described below;
Webpage(s)
The webpage of Bokamoso (www.bokamosoas.co.za), BlackBooks (www.blackbooks.co.za)
are accessible to anyone with access to the internet, including but not limited to the following
categories of records;
Company profile
Online solution/tool (including but not limited to services, prices & information
description)
Secured personal user accounts (including but not limited to, login page, personal
details, address book, credit cards and invoices).
Other
The documents/information listed herein below pertain to the day-to-day management of the
business of Bokamoso.
Standard employment contracts
Human resource policies and procedures
List of trademarks and pending application
Insurance policies
Other commercial contracts
Marketing Material
Company policies and procedures
Statutory records
Financial records
It is recorded that all documents/information requested pertaining to the aforesaid shall
always only be made available to a requester subject to the provision of the Act and POPIA.
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6. Purpose of Processing Your Information
(Section 51(1)(c)(i) of the Act as amended by POPIA)
When processing Personal Information Bokamoso and BlackBooks will ensure that;
the data subject consents to the processing;
the processing is necessary to carry out actions for the conclusion or performance of
a contract to which the data subject is a party;
the processing complies with an obligation imposed by law; or
the processing protects a legitimate interest of the data subject or the responsible
party.
7. Categories of Data Subjects, Information and Recipients
(Section 51(1)(11) to (iii) of the Act as amended by POPIA)
Customers of either Bokamoso and Scryba in terms of which the information
processed and categories of recipients are set in the Consumer Privacy Policies,
available on the respective website.
Suppliers of Bokamoso and BlackBooks in terms of which the categories of
information included, but are not limited to, transactional documentation pursuant to
the performance of contractual undertakings and correspondence
An employee of Bokamoso in terms of which the information processed and
categories of recipients are set out in the internal Human Resource Privacy Policy.
8. Transborder Flows of Personal Information
(Section 51(iv) of the Act as amended by POPIA)
Bokamoso and BlackBooks may transfer certain Personal Information outside the geographic
borders of South Africa to service provides for purposes of inter alia, providing goods and
services as well as for data storage and back-up purposes to ensure the integrity of our
system. When we transfer your Personal Information outside the geographic borders of South
Africa Bokamoso and Scryba will ensure that all information/documents including
Personal Information is subject of law, binding corporate rules or binding agreements
comparable to those under the Act and POPIA.
9. Information Security Measures
(Section 51(v) of the Act as amended by POPIA)
The compliance Framework has been adopted by Bokamoso as contemplated is regulation
4(a) of GNR.1383 of 2018. All staff member within the company are subjected to inter alia,
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Private Policy, Information Security Policy, Data Breach Policy and Retention Policy. The
implementation of these policies is monitored by the Information Officer.
10. Availability of the Manual
(Section 51, 53 and 54 of the Act)
This Manual is available for inspection at the offices of Bokamoso free of charge. The manual
can also be accessed on the websites of Bokamoso (www.bokamosoas.co.za) and Black
Books (www.blackbooks.co.za). Copies of the manual can be obtained, subject to a
prescribed fee (if any) at the offices of Bokamoso.
The request forms are accessible on the website of the Department of Justice and
Constitutional Development (www.justice.gov.za). The prescribed fee can be obtained on the
Department of Justice and Constitutional Development and SAHRC website
(www.justice.gov.za) and (www.sahrc.org.za). The prescribed fee payable by a requester
referred to in section 54(1) of the Act, is R50.
The prescribed request fee payable by a requester made in terms of POPIA is subject to the
prescribed fee published by the Minister of the Department of Justice and Constitutional
Development in terms of section 111 of POPIA.
The prescribed fee for reproduction referred to in section 52(3) of the Act and access fees
payable by a requester referred to in Section 54(7) of the Act, unless exempted under section
54(8) of the Act, are as follows:
Rand Amount
a)
For every photocopy of an A4-size page or part thereof
1-10
b)
For every printed copy of an A4-size or part thereof held
0-75
on a computer or in electronic or machine-readable form
c)
For a copy in a computer-readable form
I.
Stiff disc
N/A
II.
Compact Disc
70
d)
i) For a transcription of visual images, for an A4-sized page or
part thereof
40
ii) For a copy of visual image
60
e)
i) For a transcription of an audio, for an A4-sized page or
part thereof
20
ii) For a copy of an audio record
30
f)
To search for the record for disclosure for each hour or part of
An hour reasonably required for such search
30
For purposes of section 54(2) of the Act, the following applies;
a) Six hours as the hours to be exceeded before a deposit is payable; and
b) One third of the access fee I payable as a deposit by the requester.
The actual postage is payable when a copy of a record must be posted to a requester.
J752
REPUBLIC OF SOUTH AFRICA
FORM C
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000))
[Regulation 10]
A. Particulars of private body
The Head:
B. Particulars of person requesting access to the record
Full names and surname: ………………………………………………………………………………………………
Identity number:
Postal address: ………………………………………………………………………………………………
Telephone number: (………) ……………………….….. Fax number: (………) ……………………….…..
E-mail address: ……………………………………………………………………………………………
Capacity in which request is made, when made on behalf of another person:
C. Particulars of person on whose behalf request is made
Full names and surname: ………………………………………………………………………………………………
Identity number:
(a) The particulars of the person who requests access to the record must be given below.
(b) The address and/or fax number in the Republic to which the information is to be sent must be given.
(c) Proof of the capacity in which the request is made, if applicable, must be attached.
This section must be completed ONLY if a request for information is made on behalf of another person.
FORM C: REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
D. Particulars of record
1. Description of record or relevant part of the record:
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
2. Reference number, if available:
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
3. Any further particulars of record:
……………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
E. Fees
Reason for exemption from payment of fees:
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
(a) Provide full particulars of the record to which access is requested, including the reference number if that is known to
you, to enable the record to be located.
(b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester
must sign all the additional folios.
(a)
(b)
(c)
(d)
A request for access to a record, other than a record containing personal information about yourself, will be
processed only after a request fee has been paid.
You will be notified of the amount required to be paid as the request fee.
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 a record.
If you qualify for exemption of the payment of any fee, please state the reason for exemption.
FORM C: REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
F. Form of access to record
If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 below,
state your disability and indicate in which form the record is required.
1. If the record is in written or printed form:
copy of record*
inspection of record
2. 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*
3. If record consists of recorded words or information which can be reproduced in sound:
listen to the soundtrack
(audio cassette)
transcription of soundtrack*
(written or printed document)
4. If 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*
(stiffy or compact disc)
*If you requested a copy or transcription of a record (above), do you wish the copy or
transcription to be posted to you?
Postage is payable.
YES
NO
G. Particulars of right to be exercised or protected
1. Indicate which right is to be exercised or protected:
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
2. Explain why the record requested is required for the exercise or protection of the aforementioned right:
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………………..
Disability:
Form in which record is required:
Mark the appropriate box with an X.
NOTES:
(a)
Compliance with your request for access in the specified form may depend on the form in which the record is
available.
(b)
Access in the form requested may be refused in certain circumstances. In such a case you will be informed if
access will be granted in another form.
(c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.
If the provided space is inadequate, please continue on a separate folio and attach it to this form.
The requester must sign all the additional folios.
FORM C: REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
H. Notice of decision regarding request for access
How would you prefer to be informed of the decision regarding your request for access to the record?
………………………………………………………………………………………………………………………………..
Signed at ………………………………………. this day………… of ……………………………year ……….
………………………………………………………
SIGNATURE OF REQUESTER /
PERSON ON WHOSE BEHALF REQUEST IS MADE
You will be notified in writing whether your request has been approved / denied. If you wish to be informed in another
manner, please specify the manner and provide the necessary particulars to enable compliance with your request.