PAIA - Promotion of Access to Information Act

INFORMATION MANUAL IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2 OF 2000 IN RESPECT OF ACCENTURE SOUTH AFRICA (PROPRIETARY) LIMITED WITH (COMPANY REGISTRATION NUMBER 2001/007340/07) (“ACCENTURE”) AND ITS SUBSIDIARIES

  • Accenture Technology Solutions (Pty) Ltd
  • Accenture Technology Infrastructure Services (Pty) Ltd

OVERVIEW OF ACCENTURE

We are one of the world’s leading organisations providing management consulting, technology and outsourcing services.We have approximately 305,000 employees; offices and operations in more than 200 cities in 56 countries; and net revenues of $30 billion for fiscal 2014.

Our four growth platforms—Accenture Strategy, Accenture Digital, Accenture Technology, Accenture Operations—are the innovation engines through which we build world-class skills and capabilities; develop knowledge capital; and create, acquire and manage key assets central to the development of integrated services and solutions for our clients.

INTRODUCTION

Section 32(1) (a) & (b) of the Constitution of the Republic of South Africa, Act 108 of 1996, provides for the right of access to information held by public and private bodies when such information is requested for the exercise or protection of any rights. The Promotion of Access to Information Act, 2 of 2000 (hereinafter referred to as “the Act”) gives effect to this right.

The Act sets out the procedural requirements in relation to a request for information, the requirements to be met, and grounds for refusal of such request.

The Act recognises that the right to any information may be limited to the extent that such limitations (including, but not limited to, limitations aimed at the reasonable protection of privacy, commercial confidentiality and effective, efficient and good governance), are reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom as contemplated in Section 36 of the Constitution.

The purpose of this manual is to notify requesters of the requirements which a request for information must meet in compliance with the Act.

PART I: INFORMATION REQUIRED IN TERMS OF SECTION 51(1)(a) OF THE ACT

Name of Private Body: Accenture Pty Ltd
Physical Address: Building 19, Harrowdene Office Park, Kelvin Drive, Woodmead
Postal Address: P O Box 1587, Kelvin, 2054
Head of Private Body: William Mzimba
Telephone Number: +27 11 208 3000
Facsimile Number: +27 (11) 507 5400
Information Officer: Legal Services
Electronic Mail: infosa@accenture.com

PART II: THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION (SAHRC)

The South African Human Rights Commission (hereinafter referred to as “the SAHRC”) has compiled a guide. It sets out information which would be reasonably required of any person wishing to exercise any right set out in the Act. The guide is available in all of the official languages, and is available for inspection at:

29 Princess of Wales Terrace Private Bag 2700
Cnr York and St Andrews Streets Houghton
Parktown Johannesburg
Johannesburg 2041

PART III: NOTICE IN TERMS OF SECTION 51(1)(c)

At this stage no notices have been published on the categories of records automatically available without a person having to request access thereto in terms of the Act.

The following records are however automatically available to any person requesting this information and it is therefore not necessary to apply for access thereto in terms of the Act. All other information freely available on Accenture’s website at www.accenture.co.za

PART IV: RECORDS AVAILABLE IN ACCORDANCE WITH LEGISLATION IN TERMS OF SECTION 51(1)(d)

  • All records are available in terms of the following legislation:
  • Basic Conditions of Employment Act, 75 of 1997;
  • Companies’ Act, 71 of 2008;
  • Compensation for Occupational Injuries and Disease Act, 130 of 1993;
  • Competition Act, 89 of 1998;
  • Customs & Excise Act, 91 of 1964;
  • Employment Equity Act, 55 of 1998;
  • Labour Relations Act, 66 of 1995;
  • Occupational Health and Safety Act, 85 of 1993;
  • Skills Development Act, 97 of 1998;
  • Trademarks Act, 194 of 1993;
  • Unemployment Insurance Act, 63 of 2001;
  • Value Added Tax Act, 89 of 1991.

PART V: INFORMATION REQUIRED IN TERMS OF SECTION 51(1)(e) (subject to Part VI and Appendix 1 to this manual)

  • Accenture keeps, inter alia, the following documents on record in line with applicable regulatory requirements which have an impact on its operations. Financial Annual Financial statements, Fixed Asset Register, invoices, reconciliations, credit/debit notes, journals, ledgers, balance sheets, income statements, trial balances, supplier records
  • Taxation VAT, Income Tax, PAYE and other tax records
  • Statutory All company secretarial information
  • Human Resources Employment records, Employment equity plan, Skills development plan

Access to these documents may be protected by professional privilege, confidentiality, privacy or other reasonable grounds of refusal. The list of documents above is not exhaustive and Accenture will deal with requests for certain documentation not listed above on the basis of professional privilege, confidentiality, privacy or other reasonable grounds of refusal.

PART VI: PROCEDURE FOR REQUEST FOR ACCESS (SECTIONS 53 TO 57 AND 60 OF THE ACT):

  1. The requester must comply with all the procedural requirements as set out in the Act, relating to the request for access to a record.
  2. The requester must complete the prescribed form enclosed herewith as Appendix 1 (Form C), and submit same together with payment of the request fee (if applicable) and a deposit (if applicable) to the Information Officer at the postal or physical address, facsimile number or electronic mail address under PART I above.
  3. The prescribed form must be completed with sufficient detail so as to enable the Information Officer to identify: The records requested;
    The identity of the requester;
    Which form of access to the records is required, should the request be granted;
    The postal address or facsimile number of the requester.
  4. The requester must explain what other right is being protected or exercised.
  5. The requester must indicate if the requester, in addition to being informed in writing whether access to the record has been granted, wishes to be informed of the decision of the request in any other manner.
  6. If the request is made on behalf of another person, then the requester must submit proof of the capacity in terms of which the requester is making the request, to the reasonable satisfaction of the Information Officer.
  7. Should an individual be unable to complete the prescribed form because of illiteracy, disability or any other reason, such individual may submit such request orally to the Information Officer.
  8. The requester must pay the prescribed fee (if applicable) before any further processing can take place.

APPLICABLE TIME-PERIODS:

  1. Accenture will inform the requester within 30 days after receipt of the request of its decision whether or not to grant the request.
  2. The 30 day period may be extended by a further period of not more than 30 days if the request is for a large number of records or requires a search through a large number of records and compliance with the original period would unreasonably interfere with the activities of Accenture or the records are not located at Accenture, or consultations amongst divisions and/or subsidiaries of Accenture or another private body are required.

THE OUTCOME OF A REQUEST (GRANTING OR REFUSING):

  1. Should the request be granted, the notice will state the access fee (if any) to be paid upon access, the form in which access will be given and further that the requester may lodge an application with a Court against the access fee to be paid or the form of access granted, and the procedure for lodging such application.
  2. Should the request be refused, the notice will state adequate reasons for the refusal, including the provisions of the Act relied upon; and that the requester may lodge an application with a Court against the refusal of the request, and the procedure (including the time period) for lodging the application.

GROUNDS FOR REFUSAL OF ACCESS TO RECORDS (CHAPTER 4 OF THE ACT):

Apart from Section 7 of the Act, and subject to Section 70 of the Act, the main grounds for Accenture to refuse a request for information as contemplated by the Act relates to:

  1. Protection of the privacy of a third party, if that third party is a natural person, which would involve the unreasonable disclosure of personal information of that natural person (Section 63(1));
  2. Protection of commercial information of a third party as defined by the Act, if the record contains:
    trade secrets of that third party;
    financial, commercial, scientific or technical information other than trade secrets of a third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party;
    information disclosed in confidence to Accenture by a third party, the disclosure of which could put that third party at a disadvantage in contractual or other negotiations or would prejudice that third party in commercial competition (Section 64).
  3. Protection of confidential information if the disclosure would constitute a breach of a duty or confidence to a third party in terms of an agreement (Section 65);
  4. Protection of safety of individuals and protection of property (Section 66);
  5. Protection of records which would be regarded as privileged in any legal proceedings, unless the person so entitled to privilege waives the privilege (Section 67);
  6. Protection of commercial activities of Accenture, which includes:
    trade secrets of Accenture;
    financial, commercial, scientific or technical information, disclosure of which could cause harm to the financial or commercial interests of Accenture;
    information which, if disclosed, could put Accenture at a disadvantage in negotiations or commercial competition;
    a computer programme owned by Accenture, and which is protected by copyright. (Section 68)
  7. The research information of Accenture or a third party on behalf of Accenture if the disclosure would expose the third party, Accenture, the researcher or the subject matter of the research to serious disadvantage (Section 69).

REMEDIES AVAILABLE IN REFUSAL OF A REQUEST FOR INFORMATION (PART 4 OF THE ACT):

  1. Accenture does not have internal appeal procedures and as such, the decision made by the Information Officer is final.
  2. Should the requester be dissatisfied with the Information Officer’s decision to refuse access, that person may within 30 days after notification of the refusal apply to a Court for the appropriate relief.
  3. Should a third party be dissatisfied with the Information Officer’s decision to grant a request for information relating to that third party, it (the third party) may within 30 days of notification of such decision, apply to a Court for the appropriate relief.

FEES:

The prescribed fee for requests to private bodies is available on the website of the SAHRC under the link “access to information/PAIA”.

APPENDIX 1: REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY

PAIA Form C Template