THE SOUTH AFRICAN BRAIN RESEARCH INTSITUTE (SABRI)

MANUAL: ACCESS OF INFORMATION

(Promotion of Access to Information Act 2 of 2000;Section 51)

 

 

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)]

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 this Act in terms of section 52(2) [Section 51(1)(c)]

ii.                   Records that may be requested [Section 51(1)(e)]

iii.                  The request procedures

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

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

 

 

B.        PARTICULARS IN TERMS OF THE SECTION 51 MANUAL of SABRI

 

1.         Contact details [Section 51(1)(a)]

           

MA Gillman (Head of body)

Address: 6 Campbell St, Waverley, 2090

PO Box 1315 Highlands North 2037

TEL: (011) 786-2912 Fax: (011) 786-1766

Email: mag@iafrica.com

Website: www.sabri/org.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

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 [Section 51(1)(d)]

 

Non-profit Orginisations Act of 1997

Basic Conditions of Employment No. 75 of1997 

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

Intellectual Property Laws Amendments Act 38 1997

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

Trade Marks Act No. 194 of 1993

Unemployment Contributions Act No. 4 of 2002

Unemployment Insurance Act No. 63 of 2001

Value Added Tax Act No. 89 of 1991

Companies Act 61 of 1973

 

Although we have used our best endeavours to supply you with a complete list of applicable legislation it is possible that the above list may be incomplete. Whenever it comes to our attention that existing or new legislation allows a requester access on a basis other than that set out in the Act we shall update the list. If a requester believes that a right to access to a record exists in terms of the legislation listed above, or any other legislation, the requester is required to indicate what legislative right the request is based on, to allow the information officer the opportunity of considering the request in light thereof.

 

4.         Access to the records held by the private body in question [Sections 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 this Act in terms of section 52(2) [Section 51(1)(c)]

 

All information readily available may be obtained from the SABRI Website at www.sabri.org.za

 

ii.                   Records that may be requested. A description of the subjects of the records held by the body and the categories in which these subjects are classed [Section 51(1)(e)]

 

Administration:

·        Minutes of directors and members meetings

·        Correspondence

·        Journals and references

 

Human Resources:

·        Employment contracts

·        Remuneration records

 

Finances:

·        Annual financial statements

·        Vouchers

·        Assets inventory

·        General ledger

 

iii.                  The request procedures

 

 

Form of request:                

·        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 request must be made to the address, fax number or electronic mail address of the body concerned [s 53(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 [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 head of the private body [s 53(2)(f)].

 

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.      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.

 

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

 

The manual is also available for inspection at the offices of the relevant private body free of charge; and copies are available with the SAHRC, in the Gazette and on the private body’s website.