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DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10: SECTION 51(1)(b)


A Guide has been compiled in terms of Section 10 of PAIA by the Human Rights Commission. It contains information required by a person wishing to exercise any right, contemplated by PAIA.
It is available in all of the official languages.
The Guide is available for inspection, inter alia, at the office of the offices of the Human Rights Commission at 29 Princess of Wales Terrace, cnr York and St. Andrews Street, Parktown and on its website at www. sahrc.org.za.
On the BBS Signage Website: www.bbssignage.co.za 

THE LATEST NOTICE IN TERMS OF SECTION 52(2) (IF ANY):

At this stage no notice(s) has/have been published on the categories of records that are automatically available without a person having to request access in terms of PAIA.

RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION: SECTION 51(1)(d)

Records available in terms of other legislation are as follows:

• Labour Relations Act 66 of 1995
• Employment Equity Act 55 of 1998
• Basic Conditions of Employment Act 75 of 1997
• Compensation for Occupational Injuries and Disease Act 130 of 1993
• Companies Act 61 of 1973
• Unemployment Insurance Act 63 of 2001
• Value Added Tax Act 89 of 1991
• Income Tax Act 58 of 1962
• Skills Development Act 9 of 1999
 
 


SUBJECTS AND CATEGORIES OF RECORDS HELD BY
Best Buy Sales cc T/A BBS Signage: SECTION 51(1)(e)



1. Close corporations Act RECORDS
• Documents of incorporation  Founding Statement CK1 and CK2

• Records relating to the appointment of directors/ auditor/ secretary/
public officer and other officers

• Members Share Register and other statutory registers




2. FINANCIAL RECORDS

• Annual Financial Statements
• Tax Returns
• Accounting Records
• Banking Records
• Bank Statements
• Paid Cheques
• Electronic banking records
• Asset Register
• Rental Agreements
• Invoices

 

3. INCOME TAX RECORDS

• PAYE Records
• Documents issued to employees for income tax purposes
• Records of payments made to SARS on behalf of employees

All other statutory compliances:

  • VAT
  • Regional Services Levies
  • Skills Development Levies
  • UIF
  • Workmen’s Compensation
  • BEE Compliance

 

4. PERSONNEL DOCUMENTS AND RECORDS

• Employment contracts
• Employment Equity Plan (if applicable)
• Medical Aid records
• Pension Fund records (if applicable)
• Disciplinary records
• Salary records
• SETA records
• Disciplinary code
• Leave records
• Training records
• Training Manuals

DETAIL ON HOW TO MAKE A REQUEST FOR ACCESS – SECTION 51(e)

• The requester must complete Form C and submit this form together with a request fee, to the head of the private body.

• The form must be submitted to the head of the private body at his/ her address, fax number, or electronic mail address

• The form must:

provide sufficient particulars to enable the head of the private body to identify the record/s requested and to identify the requester,
indicate which form of access is required,
specify a postal address or fax number of the requester in the
Republic,
identify the right that the requester 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 in addition to a written reply, the requester wishes to be informed of
the decision on the request in any other manner, to state that manner
and the necessary particulars to be informed in the other manner,
if the request is made on behalf of another person, to submit proof of
the capacity in which the requester is making the request, to the
reasonable satisfaction of the head of the private body.

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)].

 
 
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