Rosetta House recognised as a Section 51 fair and equitable business

Rosetta House recognised as a Section 51 fair and equitable business

SECTION 51 MANUAL FOR Mrs L.B. McGaw t/a Rosetta Guest House

 

 A.        CONTENTS                                                                                                              

B.        PARTICULARS IN TERMS OF THE SECTION 51 MANUAL

 

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 in question [Sections 51(1)(c) and 51(1)(e)]

  1. 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)]
  2. Records that may be requested [Section 51(1)(e)]
  3. The request procedures

5.         Other information as may be prescribed [Section 51(1)(f)]

6.         Availability of the manual [Section 51(3)]

 

PARTICULARS IN TERMS OF THE SECTION 51 MANUAL

 

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

 

 

  1. 3.      Categories of records of Mrs L.B. McGaw t/a Rosetta Guest House which are available

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)]

 

  1. i.                    Not applicable
  2. ii.                  Annual Financials and relevant documents
  3. iii.                The request procedures * copy as is.

 

Form of request:            

  • The requester must use the prescribed form to make the request for access to a record. This must be made to a Partner. This request must be made to the address, fax number or electronic mail address of Mrs L.B. McGaw t/a Rosetta Guest House [s 53(1)].

 

  • The requester must provide sufficient detail on the request form to enable the Partner to identify the record and the requester. The requester should also indicate which form of access is required and 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 Partner [s 53(2)(f)].

 

      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.

Fees:

      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)].

     

5.2       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.