PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 (The Act)

SECTION 51 MANUAL FOR

ALBERGO HOTEL CC

INTRODUCTION TO ALBERGO HOTEL CC

ALBERGO HOTEL CC is a close corporation which is dormant

PARTICULARS IN TERMS OF SECTION 51

1.      CONTACT DETAILS [Section 51(1)(a)]

The head of ALBERGO HOTEL CC in terms of the Promotion of Access to Information Act, 2 of 2000 is Mrs Mirjam Elsinger who is authorised to deal with all matters in connection with requests for information in terms of the Promotion of Access to Information Act, 2 of 2000.

Postal address: PO Box 1803, Plettenberg Bay 6600

Street address: 6&8 Church Street, Plettenberg Bay

Telephone: +27 (0) 44 5334434

Facsimile: +27 (0) 44 5332149

E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Website: N/A

2.      THE GUIDE AS DESCRIBED IN SECTION 10. [Section 51(1)(b)]

The guide will be available from the Human Rights Commission. Please direct any queries to:

The Human Rights Commission:

Postal address: Private Bag 2700

HOUGHTON

2041

Telephone: +27 11 877 3600/3769

Facsimile: +27 11 403 0620

Email:                             This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Website: http://www.sahrc.org.za

3.      CATEGORIES OF RECORDS OF ALBERGO HOTEL CC WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS IN TERMS OF THE ACT IN TERMS OF SECTION 52(2). [Section 51(1)(c)]

No notice of such records has been made to the Minister.

4.      RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION. [Section 51(1)(d)]

Records are kept in accordance with applicable legislation including but not limited to the following as and when required:

Basic Conditions of Employment No. 75 of 1997
Broad-Based Black Economic Empowerment Act 53 of 2003

Close Corporations Act No. 69 of 1984
Companies Act No. 61 of 1973

Companies Act No. 71 of 2008
Compensation for Occupational Injuries and Health Diseases Act No.130 of 1993
Consumer Protection Act 68 of 2008

Employment Equity Act No. 55 of 1998
Financial Services Board Act No. 97 of 1990
Income Tax Act No. 95 of 1967
Insurance Act No 27 of 1943
Intellectual Property Laws Amendments Act No. 38 of 1997
Labour Relations Act No. 66 of 1995
Long Term Insurance Act No. 52 of 1998
Occupational Health & Safety Act No. 85 of 1993
SA Reserve Bank Act No. 90 of 1989
Sectional Titles Act No 95 of 1986

Shareblock Control Act No. 59 of 1980

Short Term Insurance Act No. 53 of 1998
Skills Development Levies Act No. 9 of 1999
Skills Development Act No. 97 of 1998
Stamp Duties Act No. 77 of 1968
Trade Marks Act No. 194 of 1993

Trust Property Control Act 57 of 1988
Unemployment Contributions Act No. 4 of 2002
Unemployment Insurance Act No. 63 of 2001
Usury Act No 73 of 1968
Value Added Tax Act No. 89 of 1991

5.      HOW TO REQUEST A RECORD, A DESCRIPTION OF THE SUBJECTS OF THE RECORDS HELD BY ALBERGO HOTEL CC AND THE CATEGORIES IN WHICH THESE SUBJECTS ARE CLASSED. [Section 51(1)(e)]

5.1    How to request a record [See pro forma request form in Section 9]

• Section 53 prescribes that 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, or his duly authorized deputy. 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 he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.

• The requester must identify the right that he or she 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 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 private body.

• 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 for private bodies is R50. The requester may lodge an internal appeal or an application to the court against the tender or payment of the request fee.

• If the request is granted then a further access fee must be paid for the reproduction and the search and preparation, and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.

The head of the private body will then make a decision on the request and notify the requester in the required form.

5.2    Categories of records held by ALBERGO HOTEL CC as required:

• Administrative information

• Operational information

• Correspondence files

• Human resources records

• Financial records, including accounting & tax  records

• Statutory information & records

6.      OTHER INFORMATION AS MAY BE PRESCRIBED [Section 51(1)(f)]

Not applicable.

7.      AVAILABILITY OF THE MANUAL. [Section 51(3)]

This manual is available from the South African Human Rights Commission (see details above) and from ALBERGO HOTEL CC (see details above).

8.      FEES IN RESPECT OF PRIVATE BODIES

1.      The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof.

1. The fees for reproduction referred to in regulation 11(1) are as follows:

R

(a)     For every photocopy of an A4-size page or

part thereof                                                                                    1,10

(b)     For every printed copy of an A4-size page or part

thereof held on a computer or in electronic or machine-

readable form                                                                                 0,75

(c)     For a copy in a computer-readable form on -

(i)      stiffy disc                                                                              7,50

(ii)     compact disc                                                                       70,00

(d)    (i)      For a transcription of visual images,

for an A4-size page or part thereof                                     40,00

(ii)     For a copy of visual images                                                60,00

(e)     (i)      For a transcription of an audio record,

for an A4-size page or part thereof                                     20,00

(ii)     For a copy of an audio record                                             30,00

3.      The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R50,00.

4.      The access fees payable by a requester referred to in regulation 11(3) are as follows:

R

(1)  (a)        For every photocopy of an A4-size page or

part thereof                                                                           1,10

(b)        For every printed copy of an A4-size page or part

thereof held on a computer or in electronic or machine-

readable form                                                                       0,75

(c)        For a copy in a computer-readable form on -

(i)         stiffy disc                                                                 7,50

(ii)        compact disc                                                          70,00

(d)       (i)         For a transcription of visual images,

for an A4-size page or part thereof                        40,00

(ii)        For a copy of visual images                                   60,00

(e)        To search for and prepare the record for disclosure, R30,00 for each hour or part of an hour reasonably required for such search and preparation.

(2)  For purposes of section 54(2) of the Act, the following applies:

(a)        Six hours as the hours to be exceeded before a deposit is payable; and

(b)        one third of the access fee is payable as a deposit by the requester.

(3)  The actual postage is payable when a copy of a record must be posted to a requester.

9.      PRESCRIBED REQUEST FORM

REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY

(Section 53(1) of the Promotion of Access to Information Act, 2000

(Act No. 2 of 2000))

[Regulation 10]

A.     Particulars of private body

The Head of the body: Mrs Mirjam Elsinger

B.     Particulars of person requesting access to the record

Full names and surname:

Identity number:

Postal address:

Fax number:                                           Telephone number:

E-mail address:

Capacity in which request is made, when made on behalf of another person:

C.     Particulars of person on whose behalf request is made

Full names and surname:

Identity number:

D.     Particulars of record

1.      Description of record or relevant part of the record:

2.      Reference number, if available:

1. Any further particulars of record:

E.        Fees

Reason for exemption from payment of fees:

F.      Form of access to record

If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.

G.     Particulars of right to be exercised or protected

1.      Indicate which right is to be exercised or protected:

1. Explain why the record requested is required for the exercise or protection of the aforementioned right

H.        Notice of decision regarding request for access

How would you prefer to be informed of the decision regarding your request for access to the record.