Shop 170, The Mall of Rosebank, Cradock Avenue, Johannesburg
P O Box 52466, Saxonwold 2132
011 7887413; 011 4402717
Mr Colin Wesley; Mrs G E Wesley
section 10 Guide on how to use the Act
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:
The Research and Documentation Department
Bag 2700, Houghton 2041
+27 11 484-8300
+27 11 484-0582
in terms of any other legislation [Section 51(1)(d)]
of Employment No. 75 of 1997
Companies Act No. 61 of 1973
Compensation for Occupational Injuries and Health Diseases Act No.130
Consumer Affairs (Unfair Business Practices) Act No. 71 of 1988
Employment Equity Act No. 55 of 1998
Harmful Business Practices Act No. 23 of 1999
Income Tax Act No. 95 of 1967
Labour Relations Act No. 66 of 1995
Occupational Health & Safety Act No. 85 of 1993
Regional Services Councils Act No. 109 of 1985
Skills Development Levies Act No. 9 of 1999
Skills Development Act No. 97 of 1998
Unemployment Contributions Act No. 4 of 2002
Unemployment Insurance Act No. 63 of 2001
Value Added Tax Act No. 89 of 1991
Access to the
records held by the private body in question
Records that may be requested.
Employment contracts; Remuneration records; Sales records;
Annual financial statements; Stock records; Assets inventory;
Employee and Member details
The request procedures
- 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
- 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)].
Minister of Justice and Constitutional Development has not made any regulations
in this regard.
of the manual
manual is available for inspection at the offices of Colin Wesley (Tobacconist)
cc free of charge; and copies are available with the SAHRC, in the Gazette
and on Wesley's website.