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Information Act

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ACCESS TO INFORMATION ACT SECTION 51 MANUAL FOR HENDOR TRANSPORT

A. CONTENTS

B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL 

  1. Private Body Profile & Contact Details [Section 51(1)(a)]

  2. Purpose of the manual and guidance to requestors [Section 51(1)(b)]

  3. Records available in terms of any other legislation [Section 51(1)(d)]

  4. Access to the records held by the private body in question [Sections 51(1)(c) and 51(1)(e)]

    1. The latest notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act in terms of section 52(2) [Section 51(1)(c)]

    2. Records that may be requested [Section 51(1)(e)]

    3. The request procedures

  5. Other information as may be prescribed [Section 51(1)(f)]

  6. Availability of the manual [Section 51(3)]

Private Body Profile of HENDOR

The private body deals with import and export.
 

PARTICULARS IN TERMS OF THE SECTION 51 MANUAL

  1. Contact details [Section 51(1)(a)]

1.   Information Officer

The Head of private body has delegated his powers in terms of the Act to the Information Officer, who will handle all requests in terms of this Act on his behalf. All requests can be referred to:
 

2. Purpose of the manual and guidance to requestors in terms of Section 10 of the Act [Section 51(1)(b)]

The promotion of Access to information Act 2 of 2000 seeks to advance the values of transparency and accountability.

The Act establishes the following statutory rights of the requestors to any record of a private body if:

2.1    that record is required for the exercise or protection of his or her legal rights; and

2.2    that requestor complies with all the procedural requirements; and

2.3    access is not refused in terms of any ground referred to in the Act.

The Human Rights Commission is required by law to compile a guide that will assist the requestor in excercising these rights.

The Guide will be available from the South African Human Rights Commission by not later than August 2003. Please direct any queries to:

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

 3. Records available in terms of any other legislation [Section 51(1)(d)

Certain legislation provides that private bodies shall allow certain persons access to specified records, upon request. Legislation that may be consulted to establish whether the requester has a right of access to a record other than in terms of the procedure set out in the act are:

Administration of Estates Act, No.66 of 1965

  1. Basic conditions of Employment No.75 of 1997

  2. Companies Act No.61 of 1973

  3. Compensation for Occupational Injuries and Health Diseases Act No.130 of 1993

  4. Copyright Act No.98 of 1978

  5. Credit Agreements Act No.75 of 1980

  6. Currency and Exchanges Act No.9 of 1933

  7. Debtor Collectors Act No.114 of 1998

  8. Employment Equity Act No.55 of 1998

  9. Finance Act No.35 of 2000

  10. Harmful Business Practises Act No.23 of 1999

  11. Income Tax Act No.95 of 1967

  12. Insolvency Act No.24 of 1936

  13. Labour Relations Act No.66 of 1995

  14. Regional Services Councils Act No.109 of 1985

  15. SA Reserve Bank Act No.90 of 1989

  16. Short Term Insurance Act No.53 of 1998

  17. Skills Development Levies Act No.9 of 1999

  18. Skills Development Act No.97 of 1998

  19. Stamp Duties Act No.77 of 1968

  20. Unemployment Contributions Act No.4 of 2002

  21. Unemployment Insurance Act No.63 of 2001

  22. Value Added Tax Act No.89 of 1991
     

4. Access to the records held by the private body in question [Sections 51(1)(c) and 51(1)(e)]
 

      1. The latest notice regarding the categories of records of the body, which are available without a person having to request access in terms of this Act in terms of section 52(2) [Section 51(1)(c)]

        Records that may be requested. A description of the subjects of the records held by the body and the categories in which these subjects are classed [Section 51(1)(e)]

      2. Subject

        Categories

        Human Resources

        Staff Records
        Employment Contracts
        Policies & Procedures
        Remuneration Records

        Financial

        Financial Statements
        Financial & Tax Records
        Assets Register
        Management Accounts
        Financial Source Documents
        General Ledgers
        Statutory Records and Registers

        The request procedures 

      3. The request procedure

Form of request:

  • 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. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].

  • The requester must provide sufficient detail on the request form to enable the head of the private body 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)]. 

 

Fees: 
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)]. 

5. Other information as may be prescribed [Section 51(1)(f)


The Minister of Justice and Constitutional Development has not made any regulations in this regard.

6. Availability of the manual [Section 51(3)]

The manual is also available for inspection at the offices of Logisticor (Pty) Ltd free of charge; and copies are available with the SAHRC, in the Gazette and on the private body’s website (if any).

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Hendor Transport | Driling & Blasting
Plot 230, 5th Road
Witpoort Estate, Brakpan, Minnebron
Tel: 011 743 2974
0861HENDOR