MANUAL

AS REQUIRED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT ACT NO.2, 2000

THIS MANUAL CONTAINS INFORMATION REQUIRED TO REQUEST ACCESS TO THE RECORDS OF:

THE PIETERMARITZBURG & DISTRICT COMMUNITY CHEST
(Herein after referred to as the Chest)
002-141 NPO

This Manual will be available from the Human Rights Commission

SECTION 51 MANUAL FOR THE CHEST

PARTICULARS IN TERMS OF THE SECTION 51 MANUAL

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 Chest

[Section 51(1)(c) and 51(1)(e)]

(i) The latest notice regarding the categories of records of the Chest, which, are available without a person having to request access in terms of this Act in terms of [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)]

PARTICULARS IN TERMS OF THE SECTION 51 MANUAL

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

Head: Aroo Naidoo, Executive Director

Postal address:

Pietermaritzburg & District Community Chest
P O Box 971
Pietermaritzburg
3200

Street Address:

6th Floor Gallwey House
Gallwey Lane
Pietermaritzburg
3201

Telephone number: +27 33 394 1031

Fax number: +27 33 394 9653

Email address: chestpmb@communitychest.org.za

2. The Section 10 Guide on how to use the Act [Section (1)(b)]

The Human Rights Commission has compiled a Guide in terms of Section 10 of PAIA. It contains information requires by a person wishing to exercise any right, contemplated by PAIA. It is available in all official languages. The Guide is available for inspection, inter alia, at the offices of

The South African Human Rights Commission: PAIA Unit

The Research and Documentation Department

Street address: 29 Princess of Wales Terrace
Cnr York and St. Andrews Street
Parktown

Telephone: +27 11 484 8300

Fax: +27 11 484 0582

Website: www.sahrc.org.za

Email address: paia@sahrc.org.za

3. Records available in terms of any legislation [Section 51(1)(d)]

Legislation in terms of which records are held includes but is not limited to the following list:

  1. Basic Conditions of Employment No. 75 of 1997
  2. Compensation for Occupational Injuries and Health Diseases Act No. 130 of 1993
  3. Employment Equity Act No. 55 of 1998
  4. Income Tax Act No. 95 of 1967
  5. Labour Relations Act No. 66 of 1995
  6. Occupational Health & Safety Act No. 85 of 1993
  7. Unemployment Contributions Act No. 4 of 2002
  8. Unemployment Insurance Act No. 63 of 2001

4. Access to the records held by the Chest [Section 51(1)(c) and 51(1)(e)]

(i) The latest notice regarding the categories of records of the Chest, which, are available without a person having to request access in terms of this Act in terms of [Section 51(1)(c)]

  • Annual Reports
  • Information Pamphlets
  • Constitution

(ii) Records that may be requested. A description of the subjects of the records held by the Chest and the categories in which these subjects are classed

[Section 51(1)(e)]

CATEGORY

RECORDS

Administration

Copies of incoming and outgoing correspondence

Organisation Registration documents

Authorising Signatures register

Insurance policies

Minutes of Council meetings

Minutes of Executive Committee

Minutes of Finance & Fundraising Committee

Minutes of Allocation

Committees

Monitoring Records

Minutes of Staff meetings

Fixed Assets Register

Vehicle files

Licences

Share Register

CATEGORY

RECORDS

Donors

Database containing a record of all Donations as well as contact and address details of donors

Copies of incoming and outgoing correspondence


CATEGORY

RECORDS

Financial Records

Annual Audited Financial Statements

Tax Returns

Accounting Records

Banking Records

- Bank Statements

- Paid Cheques

Rental Agreements

Invoices

CATEGORY

RECORDS

Income Tax Records

PAYE Records

Documents issued to employees for income tax purposes

Records of payment made to SARS on behalf of employees

All other statutory compliances UIF Workmen’s Compensation

CATEGORY

RECORDS

Personnel Documents and Records

Employment contracts

Disciplinary records

Salary records

Leave records

Attendance register

Performance appraisals

Personal Files

Staff Manual

(iii) The request procedures

  • 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 Chest. This request must be made to the address, fax number or electronic mail address of the Chest concerned
  • The requester must provide sufficient detail on the request form to enable the head of the Chest 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
  • 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 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 Chest.

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 Chest 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 that the requester must pay to the Chest is R50. The requester may lodge an application to the court against the tender or payment of the request fee.
  • After the head of the Chest 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 and preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.

5. Other information as may be prescribed

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

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

This manual is also available for inspection free of charge at the offices of the Chest. Copies are also available with the South African Human Rights Commission and on the following website: www.communitychest.org.za

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