SECTION 51 MANUAL FOR LABCHEM (Pty) Ltd
Compiled with the assistance of guidelines suggested by The South African
Human Rights Commission to comply with the
PROMOTION OF ACCESS TO INFORMATION ACT No. 2, 2000
A. CONTENTS
B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL
1. Contact details [Section 51(1)(a)]
2. The section 10 Guide on how to use the Act [Section 51(1)(b)](not yet available)
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)]
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) [Section 51(1)(c)]
ii. The request procedure.
iii. A description of the subjects of records that are kept and the categories
they are kept under. [Section 51(1)(e)]
5. Other information as may be prescribed [Section 51(1)(f)]
6. Availability of the manual [Section 51(3)]
7. Prescribed fees for private bodies
8. Prescribed forms
Introduction to the private body Labchem (Pty) Ltd
Labchem (Pty) Ltd is a laboratory supply company.
B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL
1. Contact details [Section 51(1)(a)]
Physical address Unit 2, 16 Plantation Road
Eastleigh
Edenvale 1609
Gauteng, South Africa
Postal address PO Box 2371
Edenvale
1610
South Africa
Telephone ++27-11-4521116
Facsimile ++27-11-4521122
Email accounts@labchem.co.za
Web address www.labchem.co.za
Information Officer Mrs C. Stott
2. The section 10 Guide on how to use the Act [Section 51(1)(b)]
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: 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)]
Records are held on the following Acts:
Basic Conditions of Employment Act No. 75 of 1997
Companies Act No. 61 of 1973
Compensation for Occupational Injuries and Health Diseases Act No. 130 of
1993
Currency and Exchanges Act No. 9 of 1993
Employment Equity Act No. 55 of 1998
Hazardous Substances Act 15 of 1973
Income Tax Act No. 95 of 1967
Labour Relations Act No. 66 of 1995
Occupational Health and Safety Act No. 85 of 1993
Short Term Insurance Act No. 53 of 1998
Skills Development Levies Act No. 97 of 1998
Trade Marks Act No. 194 of 1993
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 [Sections 51(1)(c) and 51(1)(e)]
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) [Section 51(1)(c)]
Not applicable
ii. 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 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)].
· The head of the private body will have the final decision regarding what information is made available.
iii. 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)]
The body has the following records
Company
Company statutes
Financial statements
Minutes of meetings
Registers
Statutory returns
Income tax files
Moveable and Immovable Property
Title deeds
Lease agreements
Hire-purchase agreements
Intellectual Property
Trade marks
Licencing agreements
Insurance
Policies
Insurance claim files
Human resources
Policies and procedures
Employee information
Personnel files
Forms
Standard letters and notices
Accounts
Banking details and bank account records
Debtors/creditors statements, invoices, delivery notes
Customer and supplier agreements and information
Foreign currency payments and receipts
Administration
Permits, licences, authorisations, applications and registrations
Policies and procedures
Reports and supporting documentation
Returns
Communications systems and operations systems
Security
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 has been made available to the South African Human Rights Commission and can be viewed on the company’s web site (www.labchem.co.za).
7. Fees in respect of private bodies
1. The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof.
2. The fees for reproduction referred to in regulation 11(1) are as follows:
R
(a) For every photocopy of an A4-size page or
part thereof 1,10
(b) For every printed copy of an A4-size page or part
thereof held on a computer or in electronic or machine-
readable form 0,75
(c) For a copy in a computer-readable form on -
(i) stiffy disc 7,50
(ii) compact disc 70,00
(d) (i) For a transcription of visual images,
for an A4-size page or part thereof 40,00
(ii) For a copy of visual images 60,00
(e) (i) For a transcription of an audio record,
for an A4-size page or part thereof 20,00
(ii) For a copy of an audio record 30,00
3. The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R50,00.
4. The access fees payable by a requester referred to in regulation 11(3)
are as follows:
R
(1)(a) For every photocopy of an A4-size page or
part thereof 1,10
(b) For every printed copy of an A4-size page or part
thereof held on a computer or in electronic or machine-
readable form 0,75
(c) For a copy in a computer-readable form on -
(i) stiffy disc 7,50
(ii) compact disc 70,00
(d) (i) For a transcription of visual images,
for an A4-size page or part thereof 40,00
(ii) For a copy of visual images 60,00
(e) (i) For a transcription of an audio record,
for an A4-size page or part thereof 20,00
(ii) For a copy of an audio record 30,00
(f) To search for and prepare the record for disclosure, R30,00 for each hour
or part of an hour reasonably required for such search and preparation.
(2) For purposes of section 54(2) of the Act, the following applies:
(a) Six hours as the hours to be exceeded before a deposit is payable; and
(b) one third of the access fee is payable as a deposit by the requester.
(3) The actual postage is payable when a copy of a record must be posted to a requester.
8. Prescribed forms
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act, 2000
(Act No. 2 of 2000))
[Regulation 10]
A. Particulars of private body
The Head:
B. Particulars of person requesting access to the record
(a) The particulars of the person who requests access to the record must be given below.(b) The address and/or fax number in the Republic to which the information is to be sent must be given.(c) Proof of the capacity in which the request is made, if applicable, must be attached.
Full names and surname: Identity number:
Postal address: Fax number: Telephone number:
E-mail address:
Capacity in which request is made, when made on behalf of another person:
C. Particulars of person on whose behalf request is made
This section must be completed ONLY if a request for information is made on behalf of another person.
Full names and surname: Identity number:
D. Particulars of record
(a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.(b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Description of record or relevant part of the record:
2. Reference number, if available:
3. Any further particulars of record
E. Fees
(a) A request for access to a record, other than a record containing personal
information about yourself, will be processed only after a request fee has
been paid.(b) You will be notified of the amount required to be paid as the
request fee.(c) The fee payable for access to a record depends on the form
in which access is required and the reasonable time required to search for
and prepare a record.(d) If you qualify for exemption of the payment of any
fee, please state the reason for exemption.
Reason for exemption from payment of fees:
F. Form of access to record
If you are prevented by a disability to read, view or listen to the record
in the form of access provided for in 1 to 4 hereunder, state your disability
and indicate in which form the record is required.
Disability: Form in which record is required:
Mark the appropriate box with an X.NOTES:(a) Compliance with your request
in the specified form may depend on the form in which the record is available.(b)
Access in the form requested may be refused in certain circumstances. In such
a case you will be informed if access will be granted in another form.(c)
The fee payable for access to the record, if any, will be determined partly
by the form in which access is requested.
1. If the record is in written or printed form:
copy of record* inspection of record
2. If record consists of visual images(this includes photographs, slides,
video recordings, computer-generated images, sketches, etc.):
view the images copy of the images* transcription of the images*
3. If record consists of recorded words or information which can be reproduced
in sound:
listen to the soundtrack (audio cassette) transcription of soundtrack*(written
or printed document)
4. If record is held on computer or in an electronic or machine-readable form:
printed copy of record* printed copy of information derived from the record*
copy in computer readable form*(stiffy or compact disc)
*If you requested a copy or transcription of a record (above), do you wish
the copy or transcription to be posted to you? Postage is payable. YES NO
G. Particulars of right to be exercised or protected
If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Indicate which right is to be exercised or protected:
2. Explain why the record requested is required for the exercise or protection
of the aforementioned right:
H. Notice of decision regarding request for access
You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.
How would you prefer to be informed of the decision regarding your request for access to the record?
Signed at this day of 20
SIGNATURE OF REQUESTER / PERSON
ON WHOSE BEHALF REQUEST IS MADE
