PART I

Ribbon Speakers: South Africa was established in 2004. It has three distinct businesses functions namely the building and distribution of Newform Research Loudspeakers, the development and promotion of digital amplification and the distibution of Sonicraft capacitors .

2.1 This manual is for general information purposes.

2.2 The Promotion of Access to Information Act, No.2 of 2000 ("the Act") is an Act that was passed to give effect to the constitutional right held by South African citizens, of access to any information held by the State or by another person, which is required for the exercise or protection of any right. Where a request is made in terms of the Act, the body to which the request is made is obliged to give access to the requested information, except where the Act expressly provides that the information may or must not be released. Therefore, the right of access to information and this Manual is only applicable to South African citizens, as defined in the Constitution of the Republic of South Africa Act 108 of 1996.

2.3 It is important to note that the Act recognises certain limitations to the right of access to information, including, but not limited to, limitations aimed at the reasonable protection of privacy, commercial confidentiality, and effective, efficient and good governance, and in a manner which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.

2.4 This manual is available for inspection, free of charge, at the physical address of Ribbon Speakers: South Africa as indicated in part 2 on this website.

This manual is compiled in accordance with Section 51 of the Act. It is intended to give a description of the records held by and on behalf of Ribbon Speakers: South Africa; to stipulate grounds for refusal of access to any such records; to outline the procedure to be followed and the fees payable when requesting access to any of these records in the exercise of the right of access to information; with a view of enabling requestors to obtain records which they are entitled to in a quick, easy and accessible manner.

PART II

PART III

The South African Human Rights Commission is required in terms of the Act to compile a guide in every official language, containing information as may reasonably be required by a person who wishes to exercise any right contemplated in the Act, in a manner that is easily comprehensible to any such person. As at the date of publishing this manual, the guide had not yet been compiled or submitted to the South African Human Rights Commision. Any enquiries regarding the guide should be directed to:

PART IV

The accessibility of the documents listed below may be subject to the grounds of refusal set out in Part V of this manual.

The information is classified and grouped according to records relating to the following subjects and categories:

6.1 PERSONNEL RECORDS

"Personnel" refers to any person who works for or provides services to or on behalf of Ribbon Speakers: South Africa and receives or is entitled to receive remuneration and any other person who assists in carrying out or conducting the business of Ribbon Speakers: South Africa and includes, without limitation, directors (executive and non-executive), all permanent, temporary and part-time staff, as well as contract workers.

6.1.1 Personal records provided by personnel;
6.1.2 Records provided by a third party relating to personnel;
6.1.3 Conditions of employment and other personnel-related contractual and quasi-legal records;
6.1.4 Internal evaluation records and other internal records;
6.1.5 Correspondence relating to personnel; and
6.1.6 Training schedules and material.

6.2 CUSTOMER RELATED RECORDS

A "customer" refers to any natural or juristic entity that receives services from Ribbon Speakers South Africa. 

6.2.1 Records pertaining to sales;
6.2.2 Records pertaining to correspondence
6.2.3 Records provided by a third party;
6.2.4 Records generated by or within Ribbon Speakers: South Africa

6.3 PRIVATE BODY RECORDS

These records include, but are not limited to, the records which pertain to Ribbon Speakers: South Africa’s own affairs.

6.3.1 Financial records;
6.3.2 Operational records;
6.3.3 Databases;
6.3.4 Information Technology;
6.3.5 Marketing records;
6.3.6 Internal correspondence;
6.3.7 Product records;
6.3.8 Statutory records;
6.3.9 Internal Policies and Procedures; and
6.3.10 Records held by officials of Ribbon Speakers: South Africa.

  6.4 OTHER PARTY RECORDS

6.4.1 Personnel, customer or private body records which are held by another party, as opposed to the records held by Ribbon Speakers itself.
6.4.2 Records held by Ribbon Speakers: South Africa pertaining to other parties, including without limitation, financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about Ribbon Speakers: South Africa’s contractors / suppliers.
6.4.3 Ribbon Speakers: South Africa may possess records pertaining to other parties including, but not limited to, contractors, suppliers, sister and subsidiary companies, joint venture companies and service providers and such other parties may possess records that can be said to belong to Ribbon Speakers: South Africa.

  6.5 RECORDS AVAILABLE IN ACCORDANCE WITH OTHER LEGISLATION .

a.       As prescribed by SARS.
b. Ribbon Speakers South Africa is a CC  formed in accordance with the South African   

b.       Laws.

c.    Ribbon Speakers: South Africa, as an employer, is subject to the provisions of:

·    The Labour Relations Act 66 of 1995, as may be amended from time to time. Section 189(3) of this Act requires an employer to disclose in writing all relevant information related to dismissals based on operational requirements including, but not limited to:

(a) The reasons for the proposed dismissals;
(b) The alternatives that the employer considered before proposing the dismissals, and the reasons for rejecting each of those      alternatives;
(c) The number of employees likely to be affected and the job categories of which they are employed;
(d) The proposed method for selecting which employees to dismiss;
(e) The time when, or the period during which the dismissals are likely to take effect;
(f) The severance pay proposed;
(g) Any assistance that the employer proposes to offer to the employees likely to be dismissed;
(h) The possibility of the future employment of the employees who are dismissed;
(i) The number of employees employed with the employer; and
(j) The number of employees that the employer has dismissed for reasons based on its operational requirements in the preceding 12 months.

·    The Employment Equity Act 55 of 1998, as may be amended from time to time. Section 25(1), (2) and (3) provide that an employer must display at the workplace where it can be ready by employees a notice in the prescribed form informing them about the provisions of the Employment Equity Act. In terms of sub-section 25(2) a designated employer must in each of its workplaces, place in prominent places that are accessible to all employees:

(a) The most recent reports submitted by that employer to the Director General;
(b) Any compliance order, arbitration award or order of the Labour Court concerning the provisions of this Act in relation to that employer; and
(c) Any other document concerning this Act as may be prescribed. In terms of section 25(3) an employer who has an employment equity plan must make a copy of the plan available to its employees for copying and consultation; and

·    The Basic Conditions of Employment Act 75 of 1997, as may be amended from time to time. It provides that an employer must supply an employee when the employee commences employment with particulars of work. In terms of sub-section 2 when any matter changes the written particulars must be revised to reflect the change and the employee must be supplied with a copy of the document reflecting the change. In terms of section 29(4) the written particulars must be kept by the employer for a period of 3 years after termination of employment.

PART IV

      Ribbon Speakers: South Africa may refuse a request for information on the following 

      basis:

7.1 Mandatory protection of the privacy of a third party who is a natural person, which would  

      involve the unreasonable disclosure of personal information of that natural person;

7.2 Mandatory protection of the commercial information of a third party, if the record 

      contains:

7.2.1 Trade secrets of that third party;
7.2.2 Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party; and
7.2.3 Information disclosed in confidence by a third party to Ribbon Speakers: South Africa, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition.

7.3 Mandatory protection of confidential information of third parties if it is protected in terms

     of any agreement or legislation;

7.4 Mandatory protection of the safety of individuals and the protection of property;

7.5 Mandatory protection of records which would be regarded as privileged in legal 

     proceedings;

7.6 The commercial activities of Ribbon Speakers: South Africa, which may include:

7.6.1 Trade secrets of Ribbon Speakers: South Africa;
7.6.2 Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of Ribbon Speakers: South Africa;
7.6.3 Information which, if disclosed, could put Ribbon Speakers: South Africa at a disadvantage in negotiations or commercial competition;
7.6.4 A computer program which is owned by Ribbon Speakers: South Africa and which is protected by copyright.

7.7 The research information of Ribbon Speakers: South Africa or a third party, if its disclosure would disclose the identity of the institution, the researcher or the subject matter of the research and would place the research at a serious disadvantage;

7.8 Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused.

8.1 Records held by Ribbon Speakers: South Africa may be accessed by requests only once the prerequisite requirements for access have been met.

8.2 A requester is any person making a request for access to a record of or held by Ribbon Speakers: South Africa. There are two types of requesters:

8.2.1 PERSONAL REQUESTER

a. A personal requester is a requester who is seeking access to a record containing personal information about the requester.

b. Ribbon Speakers: South Africa will voluntarily provide the requested information, or give access to any record with regard to the requester's personal information. The prescribed fee for reproduction of the information requested will be charged.

8.2.2 OTHER REQUESTER

a. This requester (other than a personal requester) is entitled to request access to information on third parties. However, Ribbon Speakers: South Africa is not obliged to voluntarily grant access. The requester must fulfil the prerequisite requirements for access in terms of the Act, including the payment of a request and access fee.

9.1 A requester requiring access to information held by Ribbon Speakers: South Africa must complete the prescribed form, enclosed herewith as ANNEXURE 1, submit it to the Information Officer at the postal or physical address, fax number or electronic mail address recorded in Part II and pay a request fee and a deposit, if applicable.

9.2.0  The prescribed form must be completed with enough particularity to at least enable the Information Officer to identify:

9.2.1 The record or records requested;
9.2.2 The identity number of the requester;
9.2.3 The form of access required, if the request is granted;
9.2.4 The postal address or fax number of the requester.

9.3 The requester must state that he requires the information in order to exercise or protect a right, and clearly state what the nature of the right to be exercised or protected. In addition, the requester must clearly specify why the record is necessary to exercise or protect such a right.

9.4 Ribbon Speakers: South Africa will process the request within 30 days, unless the requester has stated special reasons which would satisfy the Information Officer that circumstances dictate that the above time periods not be complied with.

9.5 The requester will be informed in writing whether access has been granted or denied. If, in addition, the requester requires the reasons for the decision in any other manner, he must state the manner and the particulars so required.

9.6 If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requester is making the request to the reasonable satisfaction of the Information Officer.

9.7 If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.

9.8 The requester must pay the prescribed fee, before any further processing can take place.

10.1 The Act provides for two types of fees, namely:

10.1.1 A request fee, which will be a standard fee; and
10.1.2 An access fee, which must be calculated by taking into account reproduction costs, search and preparation time and cost, as well as postal costs.

10.2 When the request is received by the Information Officer, the officer will by notice require the requester, other than a personal requester, to pay the prescribed request fee (if any), before further processing of the request.

10.3 If the search for the record has been made and the preparation of the record for disclosure, including arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, the Information Officer will notify the requester to pay as a deposit the prescribed portion of the Access fee which would be
payable if the request is granted.

10.4 The Information Officer will withhold a record until the requester has paid the fees as indicated in ANNEXURE 2.

10.5 A requester whose request for access to a record has been granted, must pay an access fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure including making arrangements to make it available in the requested form.

10.6 If a deposit has been paid in respect of a request for access, which is refused, then the Information Officer will repay the deposit to the requester. 

11.1 Ribbon Speakers: South Africa will, within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect.

11.2 The 30 day period with which Ribbon Speakers: South Africa has to decide whether to grant or refuse the request, may be extended for a further period of not more than thirty days if the request is for a large number of information, or the request requires a search for information held at another office of Ribbon Speakers: South Africa and the information cannot reasonably be obtained within the original 30 day period. The Information Officer will notify the requester in writing should an extension be sought.

12.1 INTERNAL REMEDIES
Ribbon Speakers: South Africa does not have internal appeal procedures. Therefore, the decision made by the Information Officer if final. Requesters who are dissatisfied with a decision of the Information Officer will have to exercise external remedies at their disposal.

12.2 EXTERNAL REMEDIES
A requester or a third party, who is dissatisfied with an Information Officer's refusal to disclose information or the disclosed information may within 30 days of notification of the decision, apply to the Constitutional Court, the High Court or another court of similar status for relief.

13. Reproduction fees  

Where Ribbon Speakers: South Africa has voluntarily provided the Minister with a list of categories of records that will automatically be made available to any person requesting access thereto, the only charge that may be levied for obtaining such records, will be a fee for reproduction of the record in question.

13.1 THE APPLICABLE FEES FOR REPRODUCTION AS REFERRED TO ABOVE ARE: (VAT inclusive)

13.2  Request fees:

Where a requester submits a request for access to information held by Ribbon Speakers: South Africa on a person other that the requester himself/herself, a request fee in the amount of R57, 00 is payable up-front before Ribbon Speakers: South Africa will further process the request received.

13.3  Access fees:

An access fee is payable in all instances where a request for access to information is granted, except in those instances where payment of an access fee is specially excluded in terms of the Act or an exclusion is determined by the Minister in terms of Section 54 (8).

13.4  THE APPLICABLE ACCESS FEES WHICH WILL BE PAYABLE ARE:

13.5  Deposits:

Where Ribbon Speakers: South Africa receives a request for access to information held on a person other than the requester himself/ herself and the Information Officer upon receipt of the request is of the opinion that the preparation of the required record of disclosure will take more than 6 (six) hours, a deposit is payable by the requester.

The amount of the deposit is equal to 1 /3 (one third) of the amount of the applicable access fee.

Please Note: In terms of Regulation 8, Value Added Tax (VAT) must be added to all fees prescribed in terms of the Regulations. Therefore, the fees reflected above are VAT inclusive.