PAI - Afripower (Proprietary) Limited

Section 51 Manual – Promotion of Access to Information Act

CONTENTS

1. Introduction

2. Particulars in terms of section 51 of the Promotion of Access to Information Act

   1. Contact details

   2. The section 10 Guide on how to use the Act

   3. Records available in terms of any other legislation

   4. Access to the records held by the private body in question

      1. 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)

      2. Records that may be requested

      3. The request procedures

   5. Other information as may be prescribed

   6. Availability of the manual

Introduction to Afripower (Proprietary) Limited

Main business:

The company is primarily engaged in the hydraulic and related markets.

Particulars in Terms of the Section 51 Manual

1. Contact details
   
   Head of the body: John Wingrove
   
   Postal address: PO Box 831
   Kempton Park
   1620
   
   Street address: 11 Pomona Road
   Kempton Park
   1621
   
   Telephone: 011 979 4620
   Fax: 011 979 4625
   E-mail: je@tesuco.co.za
   

2. The section 10 Guide on how to use the Act
   The Guide will be available from the South African Human Rights Commission by not later than August 2004. 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 11 484-7146
   Website: www.sahrc.org.za
   E-mail: PAIA@sahrc.org.za
   

3. Records available in terms of any other legislation

   1. Basic Conditions of Employment No 75 of 1997

   2. Companies Act No 61 of 1973

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

   4. Employment Equity Act No 55 of 1998

   5. Income Tax Act No 95 of 1967

   6. Labour Relations Act No 66 of 1995

   7. Medical Schemes Act No 131 of 1998

   8. Occupational Health & Safety Act No 85 of 1993

   9. Regional Services Councils Act No 109 of 1985

   10. Skills Development Levy Act No 9 of 1999

   11. Skills Development Act No 97 of 1998

   12. Unemployment Contributions Act No 4 of 2002

   13. Unemployment Insurance Act No 63 of 2001

   14. Value added Tax Act No 89 of 1991
       

4. Access to the records held by Power Team SA (Pty) Ltd

   1. Information readily available
      Brochures
      

   2. Records that may be requested.
       
      Administration:
      • Minutes of management meetings
      
      Constitution:
      • List of directors
      • Minute books and resolutions
      • Share register
      • Statutory registers
      
      Finances:
      • Annual financial statements
      • Asset register
      • Banking details
      • Financial statements
      
      Human resources:
      • Employee code of conduct
      • Employment contracts
      • Disciplinary records
      • Employment equity plan
      • Personnel files
      • Staff recruitment policies
      • Remuneration records
      
      Incorporation documents:
      • Incorporation forms
      • Memorandum and articles of association
      

   3. 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.
      
      • 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.
      
      • 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 then submit proof of the capacity in which the requester is making the request to the 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.
      
      • 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.
      
      • 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.
      

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
   The manual is also available for inspection at the offices of Hytec Holdings (Pty) Ltd free of charge. Copies are available with the SAHRC and on www.hytec.co.za.