Mohair South Africa Promotional Access to Information
SECTION 51 MANUAL FOR MOHAIR SOUTH AFRICA LIMITED
B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL
- Contact details [Section 51(1)(a)]
- The section 10 Guide on how to use the Act [Section 51(1)(b)]
- Records available in terms of any other legislation [Section 51(1)(d)]
- Access to the records held by the private body in question [Sections 51(1)(c) and 51(1)(e)]
- 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)]
- Records that may be requested [Section 51(1)(e)]
- The request procedures
- Other information as may be prescribed [Section 51(1)(f)]
- Availability of the manual [Section 51(3)]
Introduction to Mohair South Africa Ltd
The main purpose of Mohair South Africa Limited ("Mohair SA") is to advance mohair
as an agricultural , industrial and fashion fibre inside and outside the Republic of South Africa.
PARTICULARS IN TERMS OF THE SECTION 51 MANUAL
1. Contact details [Section 51(1)(a)]
Name of Body: Mohair South Africa Ltd
Contact Person: Mr D. Saayman
Address: 4-8 Johcla Road
Postal Address: P.O. Box 2243
Telephone number: (041) 4871 386
Facsimile number: (041) 4871 336
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:
The Research and Documentation Department
Postal address: Private Bag 2700
Telephone: +27 11 484-8300
Fax: +27 11 484-0582
3. Records available in terms of any other legislation [Section 51(1)(d)]
Basic Conditions of Employment Act 75 of 1997
Companies Act 61 of 1973
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Employment Equity Act 55 of 1998
Income Tax Act 58 of 1962
Labour Relations Act 66 of 1995
Marketing of Agricultural Products Act,1996
Skills Development Levies Act 55 of 1998
Unemployment Insurance Act 30 of 1966
Value Added Tax Act 58 of 1962
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. Records that may be requested. 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)]
• Company Statutes
• Minutes of meetings
• Statutory returns
Movable and Immovable Property
• Lease agreements
• Service Agreements
• Insurance claim files
• Income tax files
• Policies and Procedures
• Employee information
• Personnel files
• Benefit arrangement rules and records
• Annual Financial Statements
• Reports and Returns
• Banking Details and bank account records
• Debtors / creditors statements and invoices
iii. 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)].
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)]
Copies of this manual is available at the registered office of Mohair South Africa Ltd, free of charge; copies are also available from the South African Human Rights Commission; from the Government Printer and on the Mohair South Africa Website (www.mohair.co.za) Requests for information must be submitted in accordance with the prescribed format and must be accompanied by the prescribed fee.