SECTION 51 MANUAL FOR Momento’s of Africa cc

A.        CONTENTS 

A.        CONTENTS                                                                                                              

B.         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 private body in question [Sections 51(1)(c) and 51(1)(e)]

i.                     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) [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)]

 Introduction to … Momento's of Africa cc Momento’s of Africa is a company retailing African Curios, retailing Mohair and Giftware, Manufacturing (and exporting) Fine Kid Mohair Garments and Throws. 

PARTICULARS IN TERMS OF THE SECTION 51 MANUAL 

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

Momento’s of Africa, P.O. Box 13608, Humewood, 6013, South Africa
            Street Address: Avro Road, Walmer, Port Elizabeth, South Africa
            Tel: INT 27 (0)41 507 7270
            Fax: INT 27 (0)41 581 3756
            Email: momentos@momentos.co.za
            Website: www,momentos.co.za
            Skype (VOIP): babymo1 

2.         The section 10 Guide on how to use the Act  [Section 51(1)(b)] 

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 [Section 51(1)(d)]

 1. Administration of Estates Act, No. 66 of 1965
2. Arbitration Act No. 42 of 1965
3. Basic Conditions of Employment No. 75 of1997
4. Closed Corporations Act No. 69 of 1984
5. Companies Act No. 61 of 1973
6. Compensation for Occupational Injuries and Health Diseases Act No.130 of 1993
7. Consumer Affairs (Unfair Business Practices) Act No. 71 of 1988
8. Copyright Act No. 98 of 1978
9. Credit Agreements Act No. 75 of 1980
10. Currency and Exchanges Act No. 9 of 1933
11. Debtor Collectors Act No. 114 of 1998
12. Employment Equity Act No. 55 of 1998
13. Finance Act No. 35 of 2000
14. Financial Services Board Act No. 97 of 1990
15. Financial Relations Act No. 65 of 1976
16. Harmful Business Practices Act No. 23 of 1999
17. Income Tax Act No. 95 of 1967
18. Insolvency Act No. 24 of 1936
19. Insurance Act No 27 of 1943
20. Intellectual Property Laws Amendments Act No. 38 of 1997
21. Labour Relations Act No. 66 of 1995
22. Long Term Insurance Act No. 52 of 1998
23. Medical Schemes Act No. 131 of 1998
24. Occupational Health & Safety Act No. 85 of 1993
25. Pension Funds Act No. 24 of 1956
26. Post Office Act No. 44 of 1958
28. Regional Services Councils Act No. 109 of 1985
29. SA Reserve Bank Act No. 90 of 1989
30. Short Term Insurance Act No. 53 of 1998
31. Skills Development Levies Act No. 9 of 1999
32. Skills Development Act No. 97 of 1998
33. Stamp Duties Act No. 77 of 1968
34. Stock Exchange Control Act No. 1 of 1985
35. Tax on Retirement Funds Act No. 38 of 1996
36. Trade Marks Act No. 194 of 1993
37. Unemployment Contributions Act No. 4 of 2002
38. Unemployment Insurance Act No. 63 of 2001
39. Usury Act No 73 of 1968
40. Value Added Tax Act No. 89 of 1991

 4.         Access to the records held by the private body in question [Sections 51(1)(c) and 51(1)(e)]

 i.                     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) : Not Applicable

ii.                  Records that may be requested. A description of the subjects of the records held by the body and the categories in which these subjects are classed [Section 51(1)(e)]

            Administration:
·         Licences , principally software.
·         Minutes of management meetings
·         Minutes of staff meetings
·         Correspondence

 Human Resources:
1.      Staff recruitment policies, promotion from within, no racial policy whatever
2.      Employment contracts
3.      Remuneration records and policies

Operations:
·         Sales records
·         Production records
·         Design and production manuals
·         Retailing; Manufacture of kid mohair hand woven and knitted goods. Exporting

Finances:
·         Financial statements
·         Annual financial statements
·         Vouchers
·         Stock records
·         Assets inventory
·         Monthly P/L
·         Banking

Other:
·        Web sites

  iii.                The request procedures See below.

 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 [s 53(1)].

 ·        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 [s 53(2)(a) and (b) and (c)]. 

·        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 [s 53(2)(d)]. 

·        If a request is made on behalf of a 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 [s 53(2)(f)].

 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)].    

5.         Other information as may be prescribed [Section 51(1)(f)] 

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

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

The manual can be seen at the company’s Head Office (Avro Road, Port Elizabeth); and copies are available with the SAHRC, in the Gazette and on www.momentos.co.za

SECTION 51 MANUAL FOR Momento’s of Africa (KZN) cc 

Introduction to Momento’s of Africa (KZN)cc 

Momento’s of Africa KZN is a company retailing African Curios, retailing Mohair and Giftware, in  various parts of South Africa

PARTICULARS IN TERMS OF THE SECTION 51 MANUAL 

1.         Contact details [Section 51(1)(a)]
Momento’s of Africa (KZN), P.O. Box 13608, Humewood, 6013, South Africa
Street Address: Avro Road, Walmer, Port Elizabeth, South Africa
Tel: INT 27 (0)41 507 7270
Fax: INT 27 (0)41 581 3756
Email: momentos@momentos.co.za
Website: www,momentos.co.za
Skype (VOIP): babymo1

 2.         The section 10 Guide on how to use the Act  [Section 51(1)(b)]

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 [Section 51(1)(d)] 

1. Administration of Estates Act, No. 66 of 1965
2. Arbitration Act No. 42 of 1965
3. Basic Conditions of Employment No. 75 of1997
4. Closed Corporations Act No. 69 of 1984
5. Companies Act No. 61 of 1973
6. Compensation for Occupational Injuries and Health Diseases Act No.130 of 1993
7. Consumer Affairs (Unfair Business Practices) Act No. 71 of 1988
8. Copyright Act No. 98 of 1978
9. Credit Agreements Act No. 75 of 1980
10. Currency and Exchanges Act No. 9 of 1933
11. Debtor Collectors Act No. 114 of 1998
12. Employment Equity Act No. 55 of 1998
13. Finance Act No. 35 of 2000
14. Financial Services Board Act No. 97 of 1990
15. Financial Relations Act No. 65 of 1976
16. Harmful Business Practices Act No. 23 of 1999
17. Income Tax Act No. 95 of 1967
18. Insolvency Act No. 24 of 1936
19. Insurance Act No 27 of 1943
20. Intellectual Property Laws Amendments Act No. 38 of 1997
21. Labour Relations Act No. 66 of 1995
22. Long Term Insurance Act No. 52 of 1998
23. Medical Schemes Act No. 131 of 1998
24. Occupational Health & Safety Act No. 85 of 1993
25. Pension Funds Act No. 24 of 1956
26. Post Office Act No. 44 of 1958
28. Regional Services Councils Act No. 109 of 1985
29. SA Reserve Bank Act No. 90 of 1989
30. Short Term Insurance Act No. 53 of 1998
31. Skills Development Levies Act No. 9 of 1999
32. Skills Development Act No. 97 of 1998
33. Stamp Duties Act No. 77 of 1968
34. Stock Exchange Control Act No. 1 of 1985
35. Tax on Retirement Funds Act No. 38 of 1996
36. Trade Marks Act No. 194 of 1993
37. Unemployment Contributions Act No. 4 of 2002
38. Unemployment Insurance Act No. 63 of 2001
39. Usury Act No 73 of 1968
40. Value Added Tax Act No. 89 of 1991

 4.         Access to the records held by the private body in question [Sections 51(1)(c) and 51(1)(e)]

 i.                     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) : Not Applicable

ii.                  Records that may be requested. A description of the subjects of the records held by the body and the categories in which these subjects are classed [Section 51(1)(e)]

            Administration:

·         Licences , principally software.
·         Minutes of management meetings
·         Minutes of staff meetings
·         Correspondence

 Human Resources:

1.      Staff recruitment policies, promotion from within, no racial policy whatever
2.      Employment contracts
3.      Remuneration records and policies

            Operations:

·         Sales records
·         Retailing; Manufacture of kid mohair hand woven and knitted goods. Exporting

Finances:

·         Financial statements
·         Annual financial statements
·         Vouchers
·         Stock records
·         Assets inventory
·         Monthly P/L
·         Banking

Other:
                      ·        Web sites  

iii.                The request procedures See below.

 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 [s 53(1)].

 ·        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 [s 53(2)(a) and (b) and (c)]. 

·        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 [s 53(2)(d)]. 

·        If a request is made on behalf of a 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 [s 53(2)(f)]. 

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)].  

 5.         Other information as may be prescribed [Section 51(1)(f)]

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

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

 The manual can be seen at the company’s Head Office (Avro Road, Port Elizabeth); and copies are available with the SAHRC, in the Gazette and on www.momentos.co.za