SECTION 51 MANUAL FOR
STEPPE CONSTRUCTION CC
REGISTRATION NUMBER 1989/035 716/23

TABLE OF CONTENTS :

Introduction

Particulars in Terms of Section 51

1. Contact details
2. The Guide as described in Section 10
3. Categories of records of STEPPE CONSTRUCTION CC which are available without having to request access in terms of the Act in terms of Section 52(2)
4. Records available in terms of any other legislation
5. How to request a record – a description of the subjects of the records
5.1 How to request a record
5.2 Categories of records held by STEPPE CONSTRUCTION CC.
5.2.1 Web page and library records
5.2.2 Other records
6. Other information as may be prescribed
7. Availability of the Manual
8. Fees in respect of private bodies
9. Prescribed Request Form

INTRODUCTION TO STEPPE CONSTRUCTION CC

STEPPE CONSTRUCTION CC was incorporated in 1989.
Steppe Construction operates as building contractors specialising
in the construction of up-market residential dwellings.

PARTICULARS IN TERMS OF SECTION 51 :

1. CONTACT DETAILS [Section 51(1)(a)]
  Mr. A.R. STEPPE has been duly authorised to deal with all matters in connection with requests for information in terms of the Promotion of Access to Information Act, 2 of 2000.
  Postal address : P.O. Box 68, Southbroom, 4277
  Street address : Lost 193, Golbert Road, Southbroom, 4277
  Telephone : 039 – 3166405
  Facsimile : 039 – 3166480
  E-mail : stepcon@venturenet.co.za
2. THE GUIDE AS DESCRIBED IN SECTION 10. : [Section 51(1)(b)]
  The guide will be available from the Human Rights Commission. Please direct any queries to :
  The Human Rights Commission :
Postal address : Private Bag 2700
HOUGHTON
2041
Telephone : +27 11 484 8300
Facsimile : +27 11 484-0582
Website : http://www.sahrc.org.za
3. CATEGORIES OF RECORDS OF STEPPE WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS IN TERMS OF THE ACT IN TERMS OF SECTION 52(2). [Section 51(1)(c)] :
  No notice of such records has been made to the Minister.
4. RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION [Section 51(1)(d)] :
  Records are kept in accordance with the following legislation :
· Basic Conditions of Employment Act No. 75, 1997
· Close Corporations Act No. 61, 1973
· Income Tax Act No. 58, 1962
· Employment Equity Act No. 55, 1998
· Labour Relations Act No. 66, 1995
· Unemployment Insurance Act No. 63, 2001
5. HOW TO REQUEST A RECORD. A DESCRIPTION OF THE SUBJECTS OF THE RECORDS HELD BY STEPPE AND THE CATEGORIES IN WHICH THESE SUBJECTS ARE CLASSED. [Section 51(1)(e)] :
  5.1 How to request a record : [See pro forma request from in Section 9]
  Section 53 prescribes that the requester must use the prescribed form to make a request for access to a record. This must be made to the head of the private body, or his duly authorized deputy. This request must be made to the address, fax number or electronic mail address of the body concerned.

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 he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

The requester must identify the right that he or she 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 a request is made on behalf of a 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.

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.

The fee for private bodies is R50. The requester may lodge an internal appeal or an application to the court against the tender or payment of the requested fee.

If the request is granted then a further access fee must be paid for the reproduction and the search and preparation, and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.

The head of the private body will then make a decision on the request and notify the requester in the required form.

  5.2 Categories of records held by STEPPE :

5.2.1 Web page and library records :
Webpage
http://www.sewood.co.za/steppe.html
Library : The company does not have a library.

5.2.2 Other records :
· Statutory Close Corporation Information
· Accounting Records
· Employee Records
· Agreement and Contracts including Building Plans
· Customer and Supplier Records

6. OTHER INFORMATION AS MAY BE PRESCRIBED [Section 51(1)(f) :
Not applicable.
7. AVAILABILITY OF THE MANUAL [Section 51 (3)] :
This manual is available from the South African Human Rights Commission (see details above) and STEPPE (see details above).
8.   FEES IN RESPECT OF PRIVATE BODIES :
  1. The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof.

4.
  2. The Fees for reproduction referred to in regulation 11(1) are as follows :
    (a) For every photocopy of an A4-size page or part thereof 1,10
(b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form ,75
(c) For a copy in a computer-readable form on –
(i) Stiffy disc 7,50
(ii) Compact disc 70,00
(d) (i) For a transcription of visual images, for an A4-size pageor part thereof 40,00
(ii) For a copy of visual images 60,00
(e) (i) For a transcription of an audio record, for an A4-size page or part thereof 20,00
(ii) For a copy of an audio record 30,00
  3. The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R50,00.
  4. The access fees payable by a requester referred to in regulation 11(3) are as follows :
    (1)(a) For every photocopy of an A4-size page or part thereof 1,10
(b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form ,75
(c) For a copy in a computer-readable form on –
(i) Stiffy disc 7,50
(ii) Compact disc 70,00
(d) (i) For a transcription of visual images, for an A4-size page or part thereof 40,00
(ii) For a copy of visual images 60,00
(e) (i) For a transcription of an audio record, for an A4-size page or part thereof 20,00
(ii) For a copy of an audio record 30,00
(f) To search for and prepare the record for disclosure, R30,00 for each hour or part of an hour reasonably required for such search and preparation.
    (2) For purposes of section 54(2) of the Act, the following applies :
(a) Six hours as the hours to be exceeded before a deposit is payable; and
(b) one third of the access fee is payable as a deposit by the requester.
    (3) The actual postage is payable when a copy of a record must be posted to a requester.
9.   PRESCRIBED FORMS : (These Forms may be photocopied from this Manual or may be obtained from the Human Rights Commission)
    REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) )
(Regulation 10)
  A. Particulars of private body
The Head :
  B. Particulars of person requesting access to the record
(a) The particulars of the person who requests access to the record must be given below.
(b) The address and/or fax number in the Republic to which the information is to be sent must be given.
(c) Proof of the capacity in which the request is made, if applicable, must be attached.
Full Names and Surname :
Identity Number :
Postal Address :
Fax Number :
Telephone Number :
E-Mail address :
Capacity in which request is made, when made on behalf of another person :
  C. Particulars of person on whose behalf request is made.
This section must be completed ONLY if a request for information is made on behalf of another person.
Full Names and Surname :
Identity Number :
  D. Particulars of record
(a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
(b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Description of record or relevant part of the record :
2. Reference number, if available :
3. Any further particulars of record :
  E. Fees
(a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
(b) You will be notified of the amount required to be paid as the request fee.
(c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.
(d) If you qualify for exemption of the payment of any fee, please state the reason for exemption.
Reason for exemption from payment of fees :
  F. Form of access to record
If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.
Disability :
Form in which record is required :
Mark the appropriate box with an X.
NOTES :
(a) Compliance with your request in the specified form may depend on the form in which the record is available.
(b) Access in the form requested may be refused in certain circumstances. In such cases you will be informed if access will be granted in another form.
(c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.
1. If the record is in written or printed form :
copy of record *
inspection of record
2. If record consists of visual images :
(This includes photographs, slides, video recordings, computer-generated images, sketches, etc.) :
view the images
copy of the images
transcription of the images
3. If record consists of recorded words or information which can be reproduced in sound :
listen to the soundtrack (audio cassette)
transcription of soundtrack*(written or printed document)
4. If record is held on computer or in an electronic or machine-readable form :
printed copy of record*
printed copy of information derived from the record*
copy in computer readable form* (stiffy or compact disc)
* If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you?
Postage is payable.
  G. Particulars of right to be exercised or protected :
If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Indicate which right is to be exercised or protected :
2. Explain why the record requested is required for the exercise or protection of the aforementioned right :
  H. Notice of decision regarding request for access :

You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your request for access to the record?

    Signed at this day of 20___

_____________________________
SIGNATURE OF REQUESTER/PERSON ON WHOSE BEHALF REQUEST IS MADE

 

IAPA DURBAN & KZN INC.
SECTION 51 MANUAL – INFORMATION LEAFLET

The Promotion of Access to Information Act No.2 of 2000
The Act was passed on 2/2/2000
Extension for compliance has been granted to 31/08/2005 for private bodies.

What it says:
To give effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights.

Why it was passed:
a) to foster a culture of transparency and accountability in the public and private bodies by giving effect to the right of access to information.
b) to actively promote a society in which people of S.A. have effective access to information to enable them more fully to exercise and protect all of their rights.

Who must comply:
a) All Public bodies i.e. the police, fire dept. etc.
b) All persons who carry or has carried out any trade, business or profession.
All partnerships which carry or has carried out any trade, business or profession.
Any former or existing juristic person.
All dormant companies or corporations

Penalties for non compliance:
At present none.

What must it contain:
Full contact details of an appointed information officer.
Description of records held in terms of the various Acts pertaining to the business, trade or profession.
It must be regularly updated.

Right of access to a record:
Any request must be based on protection of any rights.
The information officer must examine the right claimed and assess if this is a valid right. They must assess if access to the record related to the exercise or protection of that right.
Access may be granted if the request complies with procedural requirements and is in the public interest.

Grounds for refusal :
Must refuse if:
· Unreasonable disclosure of personal information about 3rd party who is a natural person.
· Trade secrets of 3rd party.
· Financial, commercial, scientific or technical information of a 3rd party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that 3rd party.
· Information supplied in confidence by a 3rd party, the disclosure of which could put that third party at a disadvantage in contractual or other negotiations or prejudice that 3rd party in commercial competition.
· Disclosure of confidential information of 3rd party would breach a duty of confidence owed to the 3rd party in terms of an agreement.
· Research info of a 3rd party which could disadvantage.
· Endanger the safety of any individual.
· Legal privilege.

May refuse if:
· Security of property or method of protecting an individual.
· Commercial information of that private body including –
a) Trade Secrets
b) Financial, commercial, scientific or technical information of a body the disclosure of which would be likely to cause harm to the commercial or financial interests of the body.
c) Information, the disclosure of which could put the body at a disadvantage in contractual or other negotiations or prejudice the body in commercial competition
d) Research info of the body which could cause serious disadvantage.

Must disclose if:
· Records which would reveal evidence of substantial contravention of, or failure to comply with the law or
· Imminent and serious public safety or environmental risk and
· The public interest in the disclosure of the record clearly outweighs the harm contemplated in the provision in question.

 

Back to Steppe Home page