SECTION 51 MANUAL FOR PRIVATE BODIES THIS MANUAL HAS BEEN PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 / 2000

1)  CONTACT DETAIL [SECTION 51(1)(A)] Name of Business Wavephase Consultants cc

Contact Person Ryan Mackway-Wilson

Physical Address 17 Toscana, Lonehill

Postal Address P.O. BOX 181, Modderfontein, 1645

Telephone 0861 928 348

Fax 0866 571 822

Website www.wavephase.co.za

E-mail ryan@wavephase.co.za

2)  THE SECTION 10 GUIDE ON HOW TO USE THE ACT [SECTION 51(1)(B)] The Guide is 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

3)  RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION [SECTION 51(1)(D)] Information is available in terms of the following legislation, if and where applicable:

• Basic Conditions of Employment Act No. 75 of 1997
• Closed Corporation Act No. 69 of 1984

• Companies Act No. 61 of 1973
• Trust Properties Control Act No 57 of 1988
• Compensation of Occupational Injuries and Diseases Act No. 130 of 193
• Copyright Act No. 98 of 1978
• Customs and Excise Act No. 91 of 1964
• Electronic Communications and Transactions Act No. 25 of 2002
• Employment Equity Act No. 55 of 1998
• Income Tax Act No. 58 of 1962
• Intellectual Property Laws Amendments Act No. 38 of 1997
• Insolvency Act No. 24 of 1936
• Labour Relations Act No. 66 of 1995
• Occupational Health and Safety Act No. 85 of 1993
• Patents Act No. 57 of 1978
• Promotion of Access to Information Act No. 2 of 2000
• Skills development Levies Act No. 9 of 1999
• Stamp Duties Act No. 77 of 1968
• Trademarks Act No. 194.of 1993
• Unemployment Insurance Act No. 30 of 1966
• Usury Act No 73 of 1968
• Value – Added Tax Act No. 89 of 1991

4)  ACCESS TO THE RECORDS HELD [SECTIONS 51(1)(C) AND 51(1)(E)] Records 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)]

This information can be defined as operational information needed in the day to day running of the company and is generally of little to no use to persons outside the company.

(Examples of such information are: Requisitions, internal phone lists, company policies, contracts, employee records and general accounting records).

The Request Procedures

(Prescribed form and fee structure in respect of private bodies)

The forms and fee structure prescribed under the Act are available at the website of the Department of Justice and Constitutional Development (www.doj.gov.za) under the “regulations” section.

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

6)  AVAILABILITY OF THE MATERIAL [SECTION 51(3)] The manual is available at our offices free of charge; and copies are available with the SAHRC and on our website as listed above.