PAIA Manual

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This manual provides the necessary information for the Promotion of Access to Information Act No. 2 of 2002 (“Act”) to enable persons entitled to information (“you”) to gain access to information from

Sango Capital Advisers (Africa) (Pty) Ltd (“Sango” or "we” or “us”).

 

June 30, 2021

Preamble

The Promotion of Access to Information Act No 2 of 2000 (“the Act”) came into operation 9 March 2001. Section 51 of the Act requires that we, as a private body, compile a manual giving information to the public regarding the procedure to be followed in requesting information from us for the purpose of exercising or protecting rights.

 

Introduction to this private body

The Sango is an investment advisory firm. Our primary business is to identify, create, evaluate and report on new opportunities for possible investments or the possible disposal of an investment and advise its client on such particular factors relating thereto, as well as to conduct due diligence on possible investments, monitor and evaluate the progress of investments on behalf of its client.

 

Section 51 (1)(A) - Company and contact details

Name of Business:             Sango Capital Advisers (Africa) (Pty) Ltd

Company Type:                    Private Company

Registration Number:        2012/092640/07

VAT Number:                        4710265002

Information Officer:            Charles Joseph Mwebeiha

Physical Address:                3rd Floor, Block A, The Pivot

                                                1 MonteCasino Boulevard

                                                Fourways

                                                2012

Postal address:                   P.O. Box 778

                                               Magaliesview

                                               Gauteng

                                               2067

Telephone:                           (+27) 11 011 9288

Website:                               https://www.sangocapital.com/

E-Mail:                                  info@sangocapital.com

 

Section 51 (1)(B) - The section 10 guide on how to use the Act

The Guide is produced and available from the South African Human Rights Commission. Please direct queries to:

The South African Human Rights Commission:

PAIA Unit, The Research and Documentation Department

Postal Address:                Private Bag 2700

                                             Houghton

                                             2041

Telephone:                         (+27) 11 484 8300

Fax:                                      (+27) 11 484 0582

Website:                              www.sahrc.org.za

E-Mail:                                PAIA@sahrc.org.za

 

Section 51 (1)(D) - Information available

Information is available in terms of the following legislation, if applicable:

Basic Conditions of Employment Act No. 75 of 1997

Companies Act No. 71 of 2008

Compensation of Occupational Injuries and Diseases Act No. 130 of 193

Electronic Communications and Transactions Act No. 25 of 2002

Income Tax Act No. 58 of 1962

Insolvency Act No. 24 of 1936

Labour Relations Act No. 66 of 995

Occupational Health and Safety Act No. 85 of 1993

Promotion of Access to Information Act No. 2 of 2000

 Skill development Levies Act No. 9 of 1999

Unemployment Insurance Act No. 30 of 1966

Value-Added Tax Act No. 89 of 1991 Pension Fund Act No. 24 of 1956

 

SPECIFIC RECORDS HELD BY SANGO:

COMPANIES ACT RECORDS

  • Documents of incorporation

  • Memorandum and Articles of Association

  • Minutes of management meetings

  • Register of directors

  • Declaration of director’s minutes

 

FINANCIAL RECORDS

  • Annual financial statements

  • Tax returns

  • Accounting records

  • Banking records

  • Bank statements

  • Electronic banking records

  • Rental agreements

  • Invoices

  • General ledger

 

INCOME TAX RECORDS

  • PAYE records

  • Documents issued to employees for income tax purposes

  • Records of payment made to SARS on behalf of employees

  • All other statutory compliances:

    • VAT

    • Skills development levies

    • UIF

 

PERSONNEL DOCUMENTS AND RECORDS

  • Employment contracts

  • Training manuals

  • General HR policies and procedures

  • Payroll records

 

CONTRACTS

  • Contract with auditors

  • Contracts with service providers

 

Section 50 - Are you entitled to access information?

You may only be granted access to information to which you are entitled. In deciding this we will consider whether:

  1. you require the information in order to exercise or protect a right;

  2. you have complied with the procedural requirements of the Act; and

  3. the record you have requested contains any information that falls within the grounds for refusal of access to information.

 

Requests for records

Any request for access to other records must be made on the prescribed form (Form C).

Your request for information will be evaluated and you will be notified within 30 (thirty) days of receipt of your request of our decision.

Notification of extension period (if required)

In terms of the Act the 30 (thirty) day period mentioned above may be extended for a further period of not more than 30 (thirty) days under certain circumstances. Should we need to extend this period, we will provide you with notification of such extension.

The request fee; access fee and/or deposit

You will be informed of the request and/or access fee (if any) that is payable for making a request or having access to the records. A deposit may be requested whilst your request is being considered for the access fee, which is fully refundable should your request be refused. You must pay the request and access fee prior to the information being provided to you.

Decision on request

Your request for information may be granted or refused. You will be informed accordingly.

 

Should your request be refused, you will be given adequate reasons for the refusal and you may lodge an application to court against the refusal of the request. We will also provide you with details of the procedure for such application to court.

Grounds for refusal

We may legitimately refuse to grant you access to a requested record (if the information does not hide a substantial breach of the law, or a public safety or environmental risk) that falls within any of the following grounds for refusal:

  • we are protecting personal information that we hold about a third person (who is a natural person), including a deceased person, from unreasonable disclosure;

  • we are protecting commercial information that we hold about a third party (for example trade secrets, financial, commercial, scientific or technical information where disclosure may harm the commercial or financial interests of that third party);

  • the disclosure of the record would result in a breach of a duty of confidence owed to a third party in terms of an agreement;

  • the disclosure of the record would endanger the life or physical safety of an individual;

  • the disclosure of the record would prejudice or impair the security of property or means of transport;

  • the disclosure of the record would prejudice or impair the protection of a person in accordance with a witness protection scheme;

  • the disclosure of the record would prejudice or impair the protection of the safety of the public;

  • the record is privileged from production in legal proceedings, and the person entitled to legal privilege has not waived the privilege;

  • the disclosure of the record (where the record contains trade secrets, financial, commercial, scientific, or technical information) would harm our commercial or financial interests;

  • the disclosure of the record would put us at a disadvantage in contractual or other negotiations or prejudice us in commercial competition;

  • the record is a computer program; and

  • the disclosure of the record (where the record contains information about research being carried out or to be carried out by or on behalf of us or a third party) would expose us, the third party, the person carrying out the research or the subject matter of the research itself to serious disadvantage.

Records that cannot be found or do not exist

If we have searched for a record and it is believed that the record either does not exist or cannot be found, you will be notified by way of an affidavit or affirmation of this fact. We will include information regarding the steps that were taken to try to locate the record.

Third party information

If access is requested to a record that contains information about a third party, you must provide specific written consent of the third party or show that you require the information in order to exercise or protect a right. We are obliged to attempt to contact the third party to inform them of your request. This enables the third party the opportunity to respond by either consenting to the access or by providing reasons why access should be denied. In the event of the third party furnishing reasons for the denial of access, we will consider these reasons in determining whether access should be granted or not, and advise you accordingly.

 

Section 51 (1)(F) - Other information as may be prescribed

The Minister of Justice and Constitutional Development has not made any regulations as to prescribed information in terms of this section of the Act.

 

Section 51 (3) - Availability of the material

This manual is available at our offices free of charge or on our website (https://www.sangocapital.com/); and copies are available from the Human Rights Commission (see details above).