Equillore Ltd

ACCESS OF INFORMATION MANUAL

In terms of Section 51 of the Promotion of Access to Information Act Equillore Ltd - Section 51 Manual

A. Contents

PREAMBLE 1
INTRODUCTION TO EQUILLORE LTD LTD 1

B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL 2

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)] 5
AVAILABILITY OF THE MANUAL [SECTION 51(3)] 9

PREAMBLE

The Promotion of Access to Information Act was promulgated in March 2001.
The Act was put in place in order to actively promote a society in which the
people of South Africa have effective access to information, which enables
them to more fully exercise and protect their rights. The promulgation of the Act
was also designed to foster a culture of transparency and accountability in
Public and Private Bodies, as defined. This Manual has been prepared in
accordance with Section 51 of The Promotion of Access to Information Act, No.
2 of 2000.

INTRODUCTION TO EQUILLORE LTD LTD

Business Registration No: 1997/010137/06

The Company provides arbitration and other administrative services.
We as a private body have compiled this manual, not only to comply with the
provisions of the Act, but also to foster a culture of transparency and
accountability in our environment and to ensure that members of the public
have effective access to information in our possession which will assist them in
the exercise and protection of their rights.

Inside these pages you will be able to view the categories of information which
we possess. You will also be shown the correct procedure to follow should you
require access to any of this information.

A copy of this manual is also available on our website www.equillore.com

B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL

1. CONTACT DETAILS [SECTION 51(1)(A)]

Information Officer:
Isobel Susan
Postal Address:
P O Box 4403
Tygervalley
7536

Street Address:
Wale Burg Building
Wale Street
Cape Town
8000

Telephone Number: (021) 4234710
Fax Number: (021) 4238955
E-mail Address: isobel@lawforum.co.za

2. THE SECTION 10 GUIDE ON HOW TO USE THE ACT [SECTION 51(1)(B)]

The Guide is available from the South African Human Rights Commission.
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: P AIA@sahrc.org.za

3. RECORDS AVAILABLE IN TERMS OF ANY OTHER

LEGISLATION [SECTION 51(1)(D)]

Arbitration Act No. 42 of 1965
Basic Conditions of Employment No. 75 of 1997
Companies Act No. 61 of 1973
Compensation for Occupational Injuries and Health Diseases Act No.130 of
1993
Credit Agreements Act No. 75 of 1980
Debtor Collectors Act No. 114 of 1998
Employment Equity Act No. 55 of 1998
Income Tax Act No. 95 of 1967
Labour Relations Act No. 66 of 1995
Occupational Health & Safety Act No. 85 of 1993
Regional Services Councils Act No. 109 of 1985
Skills Development Levies Act No. 9 of 1999
Skills Development Act No. 97 of 1998
Stamp Duties Act No. 77 of 1968
Unemployment Contributions Act No. 4 of 2002
Unemployment Insurance Act No. 63 of 2001
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. Automatic availability of certain records held by Equillore Ltd
[Section 51(1)(c)]

The Minister of Justice is entitled to publish a list of records submitted by
Equillore Ltd to which the public may have access without formally
applying for access to such records.
The list of records that are freely available and which need not be requested in
terms of this Act are:

Not Applicable

ii. Records that may be requested. [Section 51(1)(e)]

A description of the subjects of the records held by the body and the categories
in which these subjects are classed

ACCOUNTING RECORDS

Books of Account including journals and ledgers
Delivery notes, orders, invoices, statements, receipts, vouchers and bills of
exchange

AGREEMENTS AND CONTRACTS

Agreements with contractors and suppliers
Agreements with customers
Joint venture agreements, partnership agreements, participation, franchise, comarketing, co promotion or other alliance agreements

FIXED PROPERTY

Leases

INFORMATION TECHNOLOGY

Agreements
Audits

INSURANCE

Insurance policies

INTELLECTUAL PROPERTY

Agreements relating to intellectual property such as licence agreements,
secrecy agreements, research and development agreements, consulting agreements, use agreements, joint venture agreements and joint development
agreements

MOVABLE PROPERTY

Asset register

OTHER EMPLOYEE RECORDS

Code of conduct
Employee contracts
Maternity leave policy

SALES AND MARKETING

Brochures, Newsletters and Advertising Materials

STATUTORY COMPANY INFORMATION

Annual Financial Statements: Annual accounts
Annual Financial Statements: Auditor's report
Annual Financial Statements: Directors' reports
Books of Account regarding information required by the Companies Act, 1973
Certificate of Change of Name (if any)
Certificate of Incorporation
Certificate to Commence Business
Directors' Attendance Register
Memorandum and Articles of Association
Minute Book, CM25 and CM26, as well as Resolutions passed at general/class
meetings
Proxy Forms
Register of Directors and Certain Officers
Register of Directors' shareholdings
Register of Members
Register of Mortgages and Debentures and Fixed Assets
Supporting schedules to books of account and ancillary books of account

STATUTORY EMPLOYEE RECORDS

Employees' names and occupations
Remuneration paid to each employee
Salary and wages register

TAXATION

Copies of all Income Tax Returns and other tax returns and documents;

iii. The Request Procedure

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)].
Equillore Ltd - Section 51 Manual 8 of 9

5. AVAILABILITY OF THE MANUAL [SECTION 51(3)]

This manual has been made available to the Human Rights Commission, In
accordance with paragraph 9(1) of the Regulations promulgated in terms of the
Act and is published on the website of Equillore Ltd
(www.lawforum.co.za)

Equillore Ltd - Section 51 Manual