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The Promotion of Access to Information Act No. 2 of 2000, (“the Act”) came into operation on November 23rd, 2001. Section 51 of this Act requires that all private bodies compile a manual to inform the public regarding the procedure to be followed in requesting information for the purpose of exercising or protecting their rights.

Table of contents:
1. Introduction to the Tygerberg Orchid Group
2. Particulars of the Group
2.1 Contact details
2.2 The guide on how to use the Act
2.3 Availability of this manual
2.4 The latest notice regarding the categories of records of the Group, which are available without a person having to request access in terms of this Act in terms of section 52(2)
2.5 The description of subjects of records held by the Group and the categories in which these subjects are classed
2.6 Information available in terms of other legislation
2.7 Prescribed forms
2.8 Prescribed fees for private bodies
2.9 Information or records not found
2.10 Information requested about a third party
2.11 Updating of manual

1. Introduction to the Tygerberg Orchid Group

The Tygerberg Orchid Group was founded in 1985 and registered as a Non-Profit Organisation in 2004 - Non-Profit Organisation No. 030-660-NPO.
It is a Voluntary Association defined in terms of the Income Tax Act 58 of 1962, as amended. It is a Private Body as defined by the Promotion of Access to Information Act, No. 2 of 2000
The Tygerberg Orchid Group aims to serve its members and to further the status and image of the orchid; to promote, advance, develop and foster the culture, propagation, hybridisation, growing, classification and conservation of orchids of all genera.

2. Particulars of the Group

2.1 Contact details (Information required under section 51(1) (a) of the Act)

Full name - Tygerberg Orchid Group
(Non-Profit Organisation No. 030-660-NPO)
Postal address - P O Box 195
BELLVILLE 7535

Website - http://tygerorchids.itgo.com

CONTACT DETAILS
The President of the Group is Mrs Sheila Smith.
Contact details for Mrs Sheila Smith:
Telephone - 021 558 5820

The request liaison officer is the Secretary; Mrs Carine Vermeulen.
Contact details for Mrs Carine Vermeulen:
Telephone - 021 982 5232
E-mail:

2.2 The guide on how to use the Act (Information required under section 51(1)(b) of the Act)

In terms of section 10 of the Act, the Human Rights Commission is required to compile, in each official language, a guide to the Act to assist people to exercise their rights under the Act. The Guide - in all 11 official languages is available from the South African Human Rights Commission.
This Guide can be downloaded from
http://www.element.co.za/sahrc_cms/publish/cat_index_40.shtml#11.
Alternatively, please direct any queries to:

The South African Human Rights Commission:
PAIA Unit
The Research and Documentation Department.

Postal address:

Private Bag 2700
Houghton
2041

Street Address: 29 Princess of Wales Terrace, Parktown, Johannesburg
Telephone: 011 484 8300
Telefax: 011 484 0582
Website: http://www.sahrc.org.za
E-mail:
There is also a Western Cape contact telephone number - 021 426 2277.

2.3 Availability of this manual [Section 51(3)]

This manual is available for inspection as follows:
* Human Rights Commission
* The South African Orchid Council; being a controlling body of which the TOG is a member
* TOG Web Page http://tygerorchids.itgo.com
* Copies are held by the President and Secretary of the TOG, as well as in the TOG Library and are available for inspection upon request.

2.4 The latest notice regarding the categories of records of the Group, which are available without a person having to request access in terms of this Act in terms of section 52(2) (Information required under section 51(1)(c) of the Act)

The following records are automatically available to members of the Group and need not be requested in accordance with the procedure outlined in Section 2.7
* Personal records are available to the member whose file it is;
* Records of disciplinary hearings and related matters are available to the member concerned;
* An up-to-date file of Minutes of Committee Meetings is available in the Library; in terms of By-law 5.1.4;
* The last revenue account and last balance sheet of the Group.

The following records are automatically available to the general public and all officers and members and need not be requested in accordance with the procedure outlined in Section 2.7
* The Constitution and By-laws (Available in both Afrikaans and English, copies of which can be downloaded from the Website);
* Other and Sundry documents published on, or available for download from the Website.

2.5 The description of subjects of records held by the Group and the categories in which these subjects are classed (Information required under section 51(1)(c) of the Act)

These records are not automatically available without a request in terms of the Act. A request in terms of this section is subject to section 63(1) of the Act, which provides that the President of the Group must refuse a request for access to a record of the Group if the disclosure of the record would involve the unreasonable disclosure of personal information about a third party including a deceased individual.

Human resources-
* Information on Group officers, including personal information and service history that the Group may hold from time to time;
* Development information;
* Information generally related to projects conducted by the Group from time to time.

Information technology -
* All computers utilised for work involving the Group are privately held and are not property of the Group.

Administration -
* SARS Certificate of Approval;
* Licences;
* Minutes and Agenda of committee meetings;
* Minutes and Agenda of Annual General Meetings and Special General Meetings;
* Proceedings of General Meetings;
* General Correspondence;
* Correspondence with the South African Orchid Council regarding Group and Council matters.

Finances -
* Members' contribution records;
* Cashbooks and Bank reconcilliations;
* General ledgers;
* Trial balances;
* Financial statements;
* Annual financial statements;
* Vouchers;
* Stock records;
* Assets inventory;
* A list of the Group's creditors and debtors;
* Remuneration information;
* Bank account information;
* Return for SARS.

Member Data
* Database of members;
* Correspondence with Members in respect of Group matters.

Operations:
*Records of Shows and Show Committees;
*Documents relating to public relations events;
*Media releases.

2.6 Information available in terms of other legislation (Information required under section 51(1)(d) of the Act)

The following records are not automatically available without a request in terms of the Act -
all statutory returns -
* Short Term Insurance Act No. 53 of 1998
* Value Added Tax Act No. 89 of 1991;
* Income Tax Act No. 95 of 1967;
* Insurance Act No 27 of 1943
* Documents concerning compliance by the Group, insofar as it may be necessary.

Process of requesting information not automatically available

2.7 Prescribed forms:

* The requester must use the prescribed form to make the request for access to a record. This must be made to the head of the private body. The prescribed form should be submitted to the request liaison officer at her address or e-mail address, who will hand it to the President of the Group. [s 53(1)]
The form is available from the website of the HRC: http://www.sahrc.org.za. Download http://www.sahrc.org.za/fees_forms_priv_bodies.PDF or alternatively
http://www.doj.gov.za/2004dojsite/forms/paia/formc_request%20private%20body.pdf.
* The requester must provide sufficient detail on the request form to enable the President of the Group 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 [s 53(2)(a) and (b) and (c)].
* 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 [s 53(2)(d)].
* If a request is made on behalf of a 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 the private body [s 53(2)(f)].

2.8 Prescribed fees for private bodies

* 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:
* The head of the private body 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 [s 54(1)].
* The fee that the requester must pay to a private body is R50. The requester may lodge an application to the court against the tender or payment of the request fee [s 54(3)(b)].
* After the head of the private body has made a decision on the request, the requester must be notified in the required form.
* 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 [s 54(6)].
* If the President of the Group or the request liaison officer fails to respond within thirty days after a request has been received, it is deemed, in terms of section 58 read together with section 56(1) of the Act, that the President of the Group or the request liaison officer has refused the request.

FEES PAYABLE
The fees for reproduction of a record as referred to in section 52(3), together with the relevant application forms, are laid out in the document available as http://www.sahrc.org.za/fees_forms_priv_bodies.pdf

2.9 Information or records not found

If a requested record cannot be found or if the records do not exist, the President of the Group or the request liaison officer must, by way of an affidavit or affirmation, notify the requester that it is not possible to give access to the requested record.
The affidavit or affirmation must provide a full account of all the steps taken to find the record or to determine the existence thereof, including details of all communications by the President of the Group or the request liaison officer with every person who conducted the search.
This notice will be regarded as a decision to refuse a request for access to the record concerned for the purposes of the Act.
If the record should later be found, the requester must be given access to the record in the manner stipulated by the requester in the prescribed form unless access is refused by the President of the Group or the request liaison officer.
The attention of the requester is drawn to the provisions of Chapter 4 of Part 3 of the Act in terms of which the company may refuse, on certain specified grounds, to provide information to a requester.

2.10 Information requested about a third party

Section 71 of the Act makes provision for a request for information or records about a third party.
In considering such a request, the Group will adhere to the provisions of sections 71 to 74 of the Act.
The attention of the requester is drawn to the provisions of Chapter 5 of Part 3 of the Act in terms of which the company is obliged, in certain circumstances, to advise third parties of requests lodged in respect of information applicable to or concerning such third parties. In addition, the provisions of Chapter 2 of Part 4 of the Act entitle third parties to dispute the decisions of the President of the Group or the request liaison officer by referring the matter to the High Court.

2.11 Updating of manual

The Group will update this manual annually or at such intervals as required.
This document was last updated on the 28th October 2006.