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)]
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)]
5. Other information as may be prescribed [Section 51(1)(f)]
6. Availability of the manual [Section 51(3)]
1. Contact details [Section 51(1)(a)]
Postal Address: 126 Rosetta Road, Durban, 4000
Physical Address: 126 Rosetta Road, Durban, 4000
Phone: 031-3036180 Fax: 031-3037915 Email: info@rosettahouse.com
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
without a person having to request access in term of the Act, ie voluntary disclosure. (Section 51 (1) (c))
Mrs L.B. McGaw t/a Rosetta Guest House is not obliged to publish a notice in terms of Section 52(2) of the Act and to date has elected not to do so.
4. Records available in terms of any other legislation [Section 51(1)(d)]
Basic Conditions of Employment No. 75 of1997
Closed Corporations Act No. 69 of 1984
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
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
Kindly note that all requests to Mrs L.B. McGaw t/a Rosetta Guest House will be evaluated and considered in accordance with the Act. Publication of this Manual and describing the categories and subject matter of information held by Mrs L.B. McGaw t/a Rosetta Guest House does not give rise to any rights to access such information or records, except in terms of the Act.
5. Access to the records held by Mrs L.B. McGaw t/a Rosetta Guest House [Sections 51(1)(c) and 51(1)(e)]
Form of request:
If the requestor does not use the standard form, the request may be rejected for lack of procedural compliance, refused (if sufficient information s not provided), or delayed.
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:
5.2 Subjects and categories of records held by Mrs L.B. McGaw t/a Rosetta Guest House
We maintain records on the following categories and subject matters. However,
please note that recording a category or subject matter in this manual does not imply that a request for access to such records would automatically be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act. In particular, there may be applicable grounds for refusal o such a request, as set out in the Act.
Please note further that many of the records held by us are those of third parties, and we take the protection of third party confidential information very seriously.
In particular, where we act as professional advisers to clients, many of the records are confidential and others are the property of the client and not of Mrs L.B. McGaw t/a Rosetta Guest House. Requests for access will be considered very carefully. Please ensure that requests for such records are carefully motivated.
5.2.1 Internal records
The following are records of Mrs L.B. McGaw t/a Rosetta Guest House’s own affairs :-
– Financial records
– Operational records
– Intellectual property
– Marketing records
– Internal correspondence
– Service records
– Statutory records
– Internal policies and procedures
– Minutes of meetings
– Charters, codes of conduct and policies(both internal and external) to which Mrs L.B. McGaw t/a Rosetta Guest House and is personnel subscribe; and
– Records held by officials of Mrs L.B. McGaw t/a Rosetta Guest House.
5.2.2 Personnel Records
For the purposes of this section, “personnel” means any person who works for of provides services to or on behalf of Mrs L.B. McGaw t/a Rosetta Guest House and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Mrs L.B. McGaw t/a Rosetta Guest House. This includes, without limitation, partners, all permanent, temporary and part-time staff as well as consultants and contract workers.
Personnel records include the following:
– Any personal records provided to us by our personnel;
– Any records a third party has provided to us about any of their personnel;
– Conditions of employment and other personnel related contractual and quasi – legal records;
– Employment policies and procedures;
– Internal evaluation and disciplinary records; and
– Other internal records and correspondence.
5.2.3 Client – related Records;
Client – related information includes the following :
– Contracts with the client and between the client and other persons;
– Any records a client has provided to Mrs L.B. McGaw t/a Rosetta Guest House or a third party acting for or on behalf of Mrs L.B. McGaw t/a Rosetta Guest House (including financial, legal, tax, operational, employee and similar records);
– Working papers and notes;
– Any research conducted by Mrs L.B. McGaw t/a Rosetta Guest House in respect of its clients or research derived by Mrs L.B. McGaw t/a Rosetta Guest House from its clients and their activities;
– Records, reports, designs and the like generated by Mrs L.B. McGaw t/a Rosetta Guest House for its clients;
– Any records a third party has provided to Mrs L.B. McGaw t/a Rosetta Guest House which concerns a client; and
– Records generated by or within Mrs L.B. McGaw t/a Rosetta Guest House pertaining to the client, including transactional records.
5.2.4 Other Parties
Records are kept in respect of other parties, including without limitation joint ventures and consortia to which Mrs L.B. McGaw t/a Rosetta Guest House is a party, contractors and sub-contractors, suppliers, service providers, and providers of information regarding general market conditions. In addition, such other parties may possess records which can be said to belong to Mrs L.B. McGaw t/a Rosetta Guest House . The following records fall into this category:
– Personnel, client, or Mrs L.B. McGaw t/a Rosetta Guest House records which are held by another party as opposed to being held by Mrs L.B. McGaw t/a Rosetta Guest House
– Records held by Mrs L.B. McGaw t/a Rosetta Guest House pertaining to other parties, including financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about the contractors or suppliers.
5.2.5 Other Records
We hold further records, including:-
– Information relating to Mrs L.B. McGaw t/a Rosetta Guest House ‘s own commercial activities;
– Procurement and administration for Mrs L.B. McGaw t/a Rosetta Guest House ; and
– Research information belonging to Mrs L.B. McGaw t/a Rosetta Guest House or carried out on behalf of a third party
6. 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.
7. Availability of the manual [Section 51(3)]
The manual is available from the SAHRC and from Mrs L.B. McGaw t/a Rosetta Guest House.
