Section 51 Manual

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SECTION 51 MANUAL FOR

Colin Wesley (Tobacconist) cc 1985/006237/23
trading as Wesley's

Introduction:
Wesley's is a Closed Corporation in the business of importing, distributing and retailing specialist Tobacconist goods and selected gift items.

A. CONTENTS

1. Contact details
2. The section 10 Guide on how to use the Act
3. Records available in terms of any other legislation
4. Access to the records held by the private body in question

i. 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)
ii. Records that may be requested
iii. The request procedures

5. Other information as may be prescribed
6. Availability of the manual

B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL

1.	Contact details Physical Address: Postal Address: Telephone: Fax: Website: Email: Contact Persons:		Shop 170, The Mall of Rosebank, Cradock Avenue, Johannesburg P O Box 52466, Saxonwold 2132 011 7887413; 011 4402717 011 4401292 www.wesleys.co.za cg@wesleys.co.za Mr Colin Wesley; Mrs G E Wesley
2.	The 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: PAIA Unit The Research and Documentation Department
	Postal Address: Telephone: Fax: Website: Email:		Private Bag 2700, Houghton 2041 +27 11 484-8300 +27 11 484-0582 www.sahrc.org.za PAIA@sahrc.org.za
3.	Records available in terms of any other legislation [Section 51(1)(d)] Basic Conditions of Employment No. 75 of 1997 Companies Act No. 61 of 1973 Compensation for Occupational Injuries and Health Diseases Act No.130 of 1993 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
4.	Access to the records held by the private body in question
	i. ii. iii.	Not applicable 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
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
The Minister of Justice and Constitutional Development has not made any regulations in this regard.
6.	Availability of the manual
The 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.

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