PROMOTION OF ACCESS TO INFORMATION ACT 2 of 2000
SECTION 51 PRIVATE BODY MANUAL
1. INTRODUCTION
1.1 This manual is submitted on behalf of Thoroughbred Breeders’ Association of South Africa, which also operates under the trading names of BloodStock SA and Thoroughbred Breeders’ Association Breed Affairs and Simmerlake Township (PTY) Ltd, who shall collectively be referred to in this manual as the “private body”.
1.2 All requests for records held by the entities in 1.1 shall be dealt with by the Head of the private body.
2. CONTACT DETAILS OF THE PRIVATE BODY
2.1 Physical Address: Rand Airport Road, Gosforth Park, Germiston
2.2 Postal address: P O Box 827, Germiston, 1400
2.3 Telephone: 011-825-1713
2.4 Telefacsimile: 011-825-3988
2.5 E-Mail: enquiries@tba.co.za
2.6 Head of Body: Jan Naudé – Chief Executive Officer
2.7 Who we are: An Animal Breeders’ Society in terms of the Animal Improvement Act, who represents the interests of breeders of thoroughbred horses. We also facilitate sales via auction of thoroughbred horses on our members’ behalf.
3.SECTION 10 GUIDE ON HOW TO USE THE ACT
3.1 The guide on how to use the Act is available from the South African Human Rights Commission.
3.2 The contact details of the South African Human Rights Commission are as follows:
PAIA Unit
The Research and Documentation Department
Postal Address: Private Bag 2700, Houghton, 2041
Telephone: +27 11 484 8300
Telefacsimile: +27 11 484 7146
Website: www.sahrc.org.za
E-Mail: paia@sahrc.org.za
4.SECTION 52(2) NOTICE
No notice has been published.
5.RECORDS THAT ARE AVAILABLE IN TERMS OF OTHER LEGISLATION
Where applicable and insofar as the requester complies with the requirements set out in the relevant act, the requester may request information which is available in terms of the following legislation:
5.1 South African legislation:
5.1.1 The Basic Conditions of Employment Act 75 of 1997;
5.1.2 Income Tax Act 58 of 1962;
5.1.3 Value Added Tax Act 89 of 1991;
5.1.4 Workmen’s Compensation Act 40 of 1990;
5.1.5 Labour Relations Act 66 of 1995;
5.1.6 Skills Development Act 97 of 1998;
5.1.7 Skills Development Levies Act 9 of 1999;
5.1.8 Unemployment Insurance Act 30 of 1966;
5.1.9 Occupational Health and Safety Act 85 of 1993;
5.1.10 Compensation for Occupational Injuries and Diseases Act 130 of 1993; and
5.1.11 Regional Services Councils Act, 109 of 1985.
6. SUBJECTS AND CATEGORIES OF INFORMATION HELD
The subjects and categories of information on which the private body holds records are as follows:
6.1 Commercial:
6.1.1 sales catalogues;
6.1.2 sales results; and
6.1.3 sales records.
6.2 Official:
6.2.1 council papers;
6.2.2 budgets;
6.2.3 annual report;
6.2.4 AGM minutes;
6.2.5 TBA Constitution; and
6.2.6 Minutes of meetings.
6.3 Finance:
6.3.1 accounting records;
6.3.2 budget reports;
6.3.3 bank statements;
6.3.4 financial statements; and
6.3.5 income tax records.
6.4 Operational issues:
6.4.1 budget reports; and
6.4.2 minutes of management’s meetings;
6.4.3 policies and procedures manual;
6.4.4 insurance records and policies; and
6.4.5 details of members.
6.5 Assets:
6.5.1 title Deeds;
6.5.2 asset register;
6.5.3 bank account reconciliations; and
6.5.4 debtors’ information.
6.6 Liabilities:
6.6.1 general ledger.
6.7 Human Resources:
6.7.1 HR policies and procedures manual;
6.7.2 contracts of employment;
6.7.3 recognition agreement concluded with SACCAWU;
6.7.4 details of Provident Fund;
6.7.5 details of Medical Aid Scheme;
6.7.6 details regarding occupational safety matters;
6.7.7 payroll data;
6.7.8 employee records; and
6.7.9 details of employee insurance benefits/cover.
6.8 Management:
6.8.1 records of management meetings.
6.9 Client care:
6.9.1 client contracts.
6.10 Contractual relationships:
6.10.1 contracts with clients; and
6.10.2 contracts with service providers.
The universal resource locator of website is http://www.tba.co.za or http://www.bloodstocksa.co.za. The website contains information grouped under the following headings: Events, Catalogues, Pedigree, Ratings, Sales and Information.
7.THE REQUEST PROCEDURES
7.1 Forms and Fees
7.1.1 A request for information must be made in the prescribed form, must be addressed to the head of the private body, and must be submitted together with the prescribed fee.
7.1.2 The prescribed request form and details regarding the prescribed fees are available from the head of the private body and from the South African Human Rights Commission, whose contact details are set out above.
7.2 Form of request:
7.2.1 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.
7.2.2 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 it requires notice of the decision of the head of the private body in any manner, other than in writing.
7.2.3 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.
7.2.4 If a request is made on behalf of another person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body.
7.3 Fees:
7.3.1 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.
7.3.2 The head of the private body must by notice, require the requester to pay the prescribed fee, if any, before further processing the request.
7.3.3 The requester may lodge an application to court relating to the payment of the request fee.
7.3.4 After the head of the private body has made a decision on the request, the requester must be notified in the required form.
7.3.5 If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time, in excess of the prescribed hours, required to search and prepare the record for disclosure.
8. OTHER INFORMATION REQURIED BY REGULATION
The Minister of Justice and Constitutional Development has not made any regulations in this regard.
9.AVAILABILITY OF THE MANUAL
9.1 This manual is available for inspection at The Thoroughbred Breeders’ Association’ offices free of charge.
9.2 A copy of this manual can be obtained from the South African Human Rights Commission, and can be accessed using the universal resource locator, http://www.tba.co.za or http://www.bloodstocksa.co.za.
9.3 It should be noted that the manual accessible on the website and at the SAHRC, does not include the request forms or the fee structure. The request forms and fee structure can be obtained via the SAHRC website, details of which are set out above, or via the website of the Department of Justice and Constitutional Development, which website can be accessed using the universal resource locator, www.doj.gov.za.