SECTION
51 MANUAL FOR
SECHABA
TRUST (PTY) LTD
Compiled
with the guidelines suggested by the South African Human Rights Commission to
comply with the
A. CONTENTS
1. Contact
Details [Section 51(1)(a)]
2. The section 10 Guide on how to use the Act [Section
51(1)(b)]
3. Records available in terms of any other legislation: [Section 51(1)(d)]
4. Access to the records held by the private body [Section 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 section 52(2) [Section
51(1)(c)]
ii.
A description of
the subjects of records that are kept and the categories they are kept under
[Section 51(1)(e)]
iii.
The request
procedure
5. Other
information as may be prescribed [Section 51(1)(f)]
6. Availability of this Manual [Section 51(3)]
INTRODUCTION TO THE
PRIVATE BODY SECHABA TRUST (PTY) LTD
Sechaba Trust (Pty) Ltd is
a trust company which deals with the administration of insolvent estates,
liquidation of companies and other judicial bodies as well as deceased estates.
PARTICULARS IN TERMS
OF THE SECTION 51 MANUAL
1. Contact
Details [Section 51(1)(a)]
Physical: Postal:
14th Floor P
O Box 11889
South African Agricultural
Union Building Tramshed
Corner of Schoeman and
Andries Streets 0126
Pretoria 0001
Information
Officer: R Murray
Telephone: +27 12 320-7040 Email: info@sechaba.co.za
Facsimile: +27 12 320-1919 Website: www.sechaba.co.za
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 Telephone: +27
11 484-8300
Postal Address: Facsimile: +27 11 484-0582
Private Bag 2700 Website: www.sahrc.org.za
HOUGHTON Email: PAIA@sahrc.org.za
2041
3. Records available in terms of any other legislation: [Section 51(1)(d)
Records are held in terms of the following Acts:
Administration
of Estates Act No 66 of 1965; Basic
Conditions of Employment Act No 75 of 1997;
Closed Corporations Act No 69 of 1984;
Companies Act No 61 of 1973;
Credit Agreements Act No 75 of 1980;
Employment Equity Act No 55 of 1998;
Income Tax Act No 95 of 1976;
Insolvency Act No 24 of 1936;
Labour Relations Act No 66 of 1995;
Regional Service Council Act No 109 of 1985; Skills Development Levies Act No 98 of 1998; Unemployment Contributions Act No 4 of
2002; Unemployment Insurance Act No 63
of 2001; and Value Added Tax Act No 89
of 1991.
4. Access
to the records held by the private body [Section 51(1)(c) and 51(1)(e)]
i. The categories of records of the body
which are available without a person having to request access in terms of this
Act , are the records which are available on our website: www.sechaba.co.za.
ii. The body has the following records:
Administration: Company
statutes, Minutes of management meetings, Company Profile.
Human
Resources: Employment contracts, Employee information, Remuneration records,
Company Policy, Disciplinary Code.
Operations:
Correspondence, Statutory reports, Other reports, Liquidation and
Distribution Accounts.
Finances: Annual Financial Statements, Debtors
information, Invoices, VAT and Income Tax records, Installment Sale Agreements,
banking details and bank account records, Assets Register.
iii. The Request Procedure
a. Fees
·
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 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 [Section 43(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 [Section 53(2)(a) and (b) and (c).
·
The requester must
identify the right that is sought to be excercised or to be protected and
provide and explanation of why the requested record is required for the
exercise or protection of that right [Section 53(2)(d)].
·
If the 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 [Section 53(2)(f)].
b. Forms
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 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 rhe request [Section 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 [Section 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 [Section 54(6)].
5. Other
information as may be prescribed [Section 51(1)(f)]
The
Minister of Justice and Constitutional Development has not made any regulation
in this regard.
6. Availability of this Manual [Section 51(3)]
This manual is available for inspection at the
following address free of charge:
14th Floor, SAAU Building, Corner of
Schoeman and Andries Streets, Pretoria, 0002.
Copies
are available at the South African Human Rights Commission and in the
Government Gazette as well as on www.sechaba.co.za.