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)].
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.