Section 51 Manual

1.

PARTICULARS IN TERMS OF THE SECTION 51 MANUAL

CONTACT DETAILS:

• Managing Director: Dr Richard Tuft
• Chief Financial Officer: Barbara Sher
• Postal Address:
  P O Box 461
  Plumstead
  7801
• Street Address: Head Office:
  6a – 6c Richmond Centre
  174 – 206 Main Road
  Plumstead
• Branch: X-ray Department
  G01 Mediclinic Constantiaberg
  Burnham Road
  Plumstead
• Branch: X-ray Department
  Kingsbury Hospital
  Wilderness Road
  Claremont
• Branch: Fish Hoek Radiology
  67 Upper Recreation Road
  Fish Hoek
• Phone No: +27 21 761-0036 (head office)
• Fax No: +27 21 799-9950 (all branches)
• Electronic Mail: info@tuft.co.za
• Website: www.tuft.co.za

2.

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

In terms of section 10 of the Act, the SAHRC is required to compile, in each official language, a guide to the Act to assist people in exercising their rights under the Act.

It contains information required by a person wishing to exercise any right, contemplated by PAIA. 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.

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

• 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
• Employment Equity Act No. 55 of 1998
• Income Tax Act No. 95 of 1967
• Labour Relations Act No. 66 of 1995
• Occupational Health & Safety Act No. 85 of 1993
• Pension Funds Act No. 24 of 1956
• 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.

GAINING ACCESS TO THE RECORDS HELD BY THE PRIVATE BODY IN QUESTION 

4.1

What categories of records are, or will be, automatically available without you having to request access to these records in terms of the Act?

The Act provides for the automatic disclosure of certain records. Should records be automatically disclosed, you will not have to formally request these records in terms of the Act.

In terms of the Act, this automatic disclosure by private companies is voluntary. This means that a private company is not obliged to make such disclosure. If a private company chooses to make such voluntary disclosure, it may do so by giving notice thereof in terms of Section 52(2) of the Act.

4.2

What categories of records are, or will be, automatically available without you having to request access to these records in terms of the Act?

The Act provides for the automatic disclosure of certain records. Should records be automatically disclosed, you will not have to formally request these records in terms of the Act.

In terms of the Act, this automatic disclosure by private companies is voluntary. This means that a private company is not obliged to make such disclosure. If a private company chooses to make such voluntary disclosure, it may do so by giving notice thereof in terms of Section 52(2) of the Act.

5

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

The following procedures must be followed.

• You must use the prescribed form to make the request for access to a record.
• You can download the form from the Department of Justice website at www.doj.gov.za.
• Your request must be made to the relevant Information Officer.
• Your request must be made to the address, or fax number or electronic mail address as set out under 4.2 above.
• You must provide sufficient detail on the request form to enable the Information
• Officer to clearly identify the record as well as your specific identity.
• You must also indicate which form of access you require.
• You must also indicate if you wish to be informed in any other manner and if so, you must state the necessary particulars required to be so informed.
• You must identify the right that you are seeking to protect or that you wish to exercise and you must provide an explanation as to why the requested record is required for the protection or exercise of that right.
• If you are making the request on behalf of another person, you must submit proof, to the satisfaction of the Information Officer, of the capacity in which you are making the request.
• The prescribed fee (if any) must be paid as set out in 8 below.

6

OTHER INFORMATION AS MAY BE PRESCRIBED

In terms of this Section, the Minister may publish a notice prescribing any other information that companies will have to disclose.

7

AVAILABILITY OF THE MANUAL

The manual is also available for inspection at the offices of Dr Tuft & Partners Inc.’s Head Office free of charge; copies are available at www.tuft.co.za, with the SAHRC and on www.sahrc.org.za, and in the Gazette.

8

PRESCRIBED FEES

• Once your request is made, you will receive notice from us to pay the prescribed fee of R50.00.
• This prescribed fee must be paid before your request will be processed. Payment of this fee is to be made as directed by the Information Officer.
• If you are making a request in your personal capacity, payment of the prescribed fee of R50.00 may not be required.
• We will then make a decision in respect of your request and will notify you of our decision.
• Should your request be refused, you may lodge an application at court against the tender or payment of the requested fee as will be advised in the Notice to you (in terms of (sec 54(3)(b) of the Act).
• If your request is granted then you will have to pay a further access fee for the search, reproduction and preparation of the record as well as for any time, that has exceeded the prescribed hours, to search and in order prepare the record for disclosure to you (in terms of sec 54(6)) of the Act).
• The fees schedule can be downloaded from the Department of Justice’s website at www.doj.gov.za