INFORMATION REQUIRED UNDER SECTION 51(1) (a) OF THE ACT

DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10: SECTION 51(1)(b)

A Guide has been compiled in terms of Section 10 of PAIA by the Human Rights Commission. It contains information required by a person wishing to exercise any right, contemplated by PAIA. It is available in all of the official languages.

The Guide is available for inspection, inter alia, at the office of the offices of the Human Rights Commission at 29 Princess of Wales Terrace, cnr York and St. Andrews Street, Parktown and on its website at www. sahrc.org.za.

THE LATEST NOTICE IN TERMS OF SECTION 52(2) (IF ANY):

At this stage no notice(s) has/have been published on the categories of records that are automatically available without a person having to request access in terms of PAIA.

RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION: SECTION 51(1)(d)

Records available in terms of other legislation are as follows:

• Labour Relations Act 66 of 1995
• Employment Equity Act 55 of 1998
• Basic Conditions of Employment Act 75 of 1997
• Compensation for Occupational Injuries and Disease Act 130 of 1993
• Companies Act 61 of 1973
• Unemployment Insurance Act 63 of 2001
• Value Added Tax Act 89 of 1991
• Income Tax Act 58 of 1962
• Skills Development Act 9 of 1999

SECTION 51(1)(e)

1. COMPANIES ACT RECORDS

• Documents of incorporation
• Memorandum and Articles of Association
• Minutes of Board of Directors meetings
• Records relating to the appointment of directors/ auditor/ secretary/ public
• officer and other officers
• Share Register and other statutory registers

2. FINANCIAL RECORDS

• Annual Financial Statements
• Tax Returns
• Accounting Records
• Banking Records
• Bank Statements
• Paid Cheques
• Electronic banking records
• Asset Register
• Rental Agreements (not applicable)
• Invoices
• Partner and contractor agreements

3. INCOME TAX RECORDS

• PAYE Records
• Documents issued to employees for income tax purposes
• Records of payments made to SARS on behalf of employees
• All other statutory compliances:
  • VAT
  • Regional Services Levies (no longer applicable)
  • Skills Development Levies (no longer applicable)
  • UIF
  • Workmen’s Compensation

4. PERSONNEL DOCUMENTS AND RECORDS

• Employment contracts
• Employment Equity Plan (not applicable)
• Medical Aid records (not applicable)
• Pension Fund records (not applicable)
• Disciplinary records (not applicable)
• Salary records
• SETA records (not applicable)
• Disciplinary code
• Leave records
• Training records
• Training Manuals

DETAIL ON HOW TO MAKE A REQUEST FOR ACCESS – SECTION 51(e)

• The requester must send a request to the head of the private body.
• The request must be submitted to the head of the private body at his/ her
• address, fax number, or electronic mail address
• The request must: provide sufficient particulars to enable the head of the private body to identify the record/s requested and to identify the requester,
  • indicate which form of access is required,
  • specify a postal address or fax number of the requester in the Republic,
  • identify the right that the requester is seeking to exercise or protect,
  • and provide an explanation of why the requested record is required for the exercise or protection of that right,
  • if in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, to state that manner and the necessary particulars to be informed in the other manner,
  • if the request is made on behalf of another person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the head of the private body.