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PROMOTION OF ACCESS TO INFORMATION ACT, ACT 2 OF 2000 (The Act)
SECTION 51 MANUAL FOR GRAAFFS TRUST LIMITED
TABLE OF CONTENTS
Introduction Particulars in Terms of Section 51
- Contact details
- The Guide as described in Section 10
- Categories of records of Graaffs Trust Limited which are available without having to request access in terms of the Act in terms of Section 52(2)
- Records available in terms of any other legislation
- 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 Graaffs Trust Limited
- Other information as prescribed
- Availability of the Manual
- Fees in respect of private bodies
- Prescribed request form
INTRODUCTION TO GRAAFFS TRUST LIMITED
Graaffs Trust Limited was formed in 1906 and is primarily involved in Trust administration in the Western Cape.
PARTICULARS IN TERMS OF SECTION 51
1. CONTACT DETAILS
The Board of Directors of the company have duly authorised the General Manager and Company Secretary 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 1609 CAPE TOWN 8000 |
| Street address: | 9 Church Square CAPE TOWN 8001 |
| Telephone | +27 21 464 3100 |
| Facsimile: | +27 21 461 0523 |
| Website: | http://www.graaffs.co.za |
| E-mail: | info@graaffs.co.za |
2. THE GUIDE AS DESCRIBED IN SECTION 10
The guide will be available from the Human Rights Commission by no later than August 2003. Please direct any queries to:
The South African Human Rights Commission: PAIA Unit The Research and Documentation Department
3. CATEGORIES OF RECORDS OF GRAAFFS TRUST LIMITED WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS IN TERMS OF THE ACT IN TERMS OF SECTION 52(2)
Pamphlets on the services provided by the company are available at the address reflected in 1. above.
4. RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION
Records are kept in accordance with the following legislation:
- Administration of Estates Act, No. 66 of 1965;
- Basic Conditions of Employment No. 75 of 1997;
- Companies Act No. 61 of 1973;
- Employment Equity Act No. 55 of 1998;
- Financial Services Board Act No. 97 of 1990;
- Income Tax Act No. 95 of 1967;
- Labour Relations Act No. 66 of 1995;
- Regional Services Councils Act No. 109 of 1985;
- Skills Development Levies Act No. 9 of 1999;
- Skills Development Act No. 97 of 1998;
- Stock Exchange Control Act No. 1 of 1985;
- Unemployment Contributions Act No. 4 of 2002;
- Unemployment Insurance Act No. 63 of 2001, and
- Value Added Tax Act No. 89 of 1991.
5. HOW TO REQUEST A RECORD. A DESCRIPTION OF THE SUBJECTS OF THE RECORDS HELD BY GRAAFFS TRUST LIMITED AND THE CATERGORIES IN WHICH THESE SUBJECTS ARE CLASSIFIED
5.1 How to request a record
- Section 53 prescribes that 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, or his duly authorised 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 request 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 Graaffs Trust Limited Administration:
Human Resources:- Employment contracts
- Remuneration records and policies
Operations:- Client mandates
- Client financial statements and records
Finances:- Quarterly financial statements
- Annual financial statements
- Assets register
- Vouchers
6. OTHER INFORMATION AS MAY BE PRESCRIBED
The Minister of Justice and Constitutional Development has not made any regulations in this regard.
7. AVAILABLITY OF THE MANUAL
This manual is available from the South African Human Rights Commission (see details above) and at the offices of the private body (see details above).
8. FEES IN RESPECT OF PRIVATE BODIES
Fees applicable are set out on the following web sites:
- www.sahrc.org.za (South African Human Rights Commission)
- www.doj.gov.za (Department of Justice and Constitutional Development)
9. PRESCRIBED REQUEST FORM
Forms are available on the following web sites:
- www.sahrc.org.za (South African Human Rights Commission)
- www.doj.gov.za (Department of Justice and Constitutional Development)
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