Promotion of Access to Information Act

(ACT 2, 2000)

SECTION 51 MANUAL

for

Excel Analytical Products CC

Introduction

The Promotion of Access to Information Act gives effect to the constitutional right of access to any information held by the state or any private body that is required for the exercise or protection of any rights. The Act sets out the requisite procedures for any such requests for information. In terms of the Act, where a request for information is made, there is an obligation to provide the information, except where the Act, expressly provides that the information may not be released. In that context, Section 9 of the Act recognises that access to information can be limited. The limitations relate, among other things, to the protection of privacy, commercial confidentiality, and effective, efficient and good governance.

Excel Analytical Products CC is a specialty chemical company serving industry and research institutions with refined analytical en chemically pure chemical reagents.

Particulars in terms of the SECTION 51 MANUAL 

• Contact details
  

• The Human Rights Commission Guide to the Act
  
  

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: 011 484-8300

Fax: 011 484-0582

Website: www.sahrc.org.za

E-mail: PAIA@sahrc.org.za

 

• Access to the records held by the Company
  
  The Minister of Justice and Constitutional Development has not published or been asked to publish (in terms of Section 52(1) of the Act) any records that are automatically available.
  

  • The Minister of Justice and Constitutional Development has not published or been asked to publish (in terms of Section 52(1) of the Act) any records that are automatically available.

  • Records available in terms of other legislation
    
    Records of a public nature retained in terms of the following legislation are held by the Company.
    

    • Basic Conditions of Employment No. 75 of 1997

    • Companies Act No. 61 of 1973

    • Compensation for Occupational Injuries and Health Diseases Act No. 130 of 1993

    • Credit Agreements Act No. 75 of 1980

    • Debtor Collectors Act No. 114 of 1998

    • 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

    • Occupational Health & Safety Act No. 85 of 1993

    • Pension Funds Act No. 24 of 1956

    • 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.
      

  • Records that may be requested in terms of this Act
           
              Administration & Finances:
    

    • Licences

    • Financial statements

    • Annual financial statements

    • Vouchers

    • Stock records

    • Assets inventory

    • Correspondence
      
      Human Resources:
      

    • Staff recruitment policies

    • Employment contracts & correspondence

    • Remuneration records and policies
      
      Operations:
      

    • Sales records

    • Production records

    • Clients registry (if applicable)

    • Minutes of management meetings

    • Minutes of staff meetings

    • Correspondence
      
      

• Request procedures and fees
  
  

                              Procedures:

The requester must use the prescribed form to request access to a record. This must be submitted to the Managing Director of the Company at the address indicated above.

The requester must provide sufficient detail on the request form to enable the Company to identify the record(s) required and the requester. The form of access required must also be indicated. If any manner (other than a written reply) is to be used to inform the requester of the result of the request, the requester must provide the necessary particulars.

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.

If a request is made on behalf of another person, the requester must also submit proof of the capacity in which the requester is making the request to the satisfaction of the Managing Director.

                               Fees:

A requester who seeks access to a record containing personal information about that requester is not required to pay a request fee. Every other requester must pay the required request fee. The requester may lodge an application to the court against the tender or payment of the request fee.

The Managing Director will make a decision whether or not to grant the request and will inform the requester in writing. If the request is granted then a further access fee must be paid to the company for the search, reproduction and preparation of the record(s).

• Other information as may be prescribed

           The Minister of Justice and Constitutional Development has not made any regulations in this regard.

• Availability of the manual

          This manual is also available for inspection free of charge at the offices of Excel Analytical Products CC upon prior arrangement.