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Section 51 Manual: SAPOA

INTRODUCTION TO SAPOA 

SAPOA (The South African Property Owners Association) is a voluntary association representing Commercial and Property Owners, Investors and Developers.

A: PARTICULARS IN TERMS OF THE SECTION 51 MANUAL 

1.  Contact Details: 

PO Box 78544, Sandton 2146, 36 Wierda Road West, Wierda Valley, Sandton,
Tel: 011 883    0679  Fax: 011 883 0684. Email: briank@sapoa.org.za

2. Availability of Guide:

 The Guide will be made available from the SA Human Rights Commission by no later
 than August 2003.

Please direct any queries to: PAIA Unit, The Research and Documents Dept,
Private Bag 2700 Houghton 2041, Tel: 011 484 8300 Fax: 011 484 0582

3. L3.   Legislation:

1. Administration of Estates Act 66 of 1965 
2. Arbitration Act 42 of 1965
3. Basic Conditions of Employment 75 of 1997
4. Companies Act 61 of 1973
5. Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
6. Consumer Affairs (Unfair Business Practices) Act 71 of 1988
7. Copyright Act 98 of 1978
8. Credit Agreements Act 75 of 1980
9. Currency and Exchanges Act 9 of 1933
10. Debtor Collectors Act 114 of 1998
11. Employment Equity Act 55 of 1998
12. Finance Act 35 of 2000
13. Financial Services Board Act 97 of 1990
14. Financial Relations Act 65 of 1976
15. Harmful Business Practices Act 23 of 1999
16. Income Tax Act 95 of 1967
17. Insolvency Act 24 of 1936
18. Insurance Act 27 of 1943
19. Intellectual Property Laws Amendments Act No. 38 of 1997
20. Labour Relations Act 66 of 1995
21. Long Term Insurance Act 52 of 1998
22. Medical Schemes Act 131 of 1998
23. Occupational Health & Safety Act 85 of 1993
24. Pension Funds Act 24 of 1956
25. Post Office Act 44 of 1958
26. Protect of Businesses Act 99 of 1978
27. Regional Services Councils Act 109 of 1985
28. SA Reserve Bank Act 90 of 1989
29. Short Term Insurance Act 53 of 1998
30. Skills Development Levies Act 9 of 1999
31. Skills Development Act 97 of 1998
32. Stamp Duties Act 77 of 1968
33. Stock Exchange Control Act 1 of 1985
34. Tax on Retirement Funds Act 38 of 1996
35. Trade Marks Act 194 of 1993
36. Unemployment Contributions Act 4 of 2002
37. Unemployment Insurance Act 63 of 2001
38. Usury Act 73 of 1968
39. Value Added Tax Act 89 of 1991 

4.

(i)  Annual Reports, pamphlets etc may be viewed at SAPOA Head Office,
      36 Wierda Road West , Wierda Valley, Sandton , 2146 

(ii)  Administration:  Licenses, Minutes of management meetings, Minutes of staff meetings, Correspondence. - may be viewed at SAPOA Head Office - PA to CEO
Human Resources: Staff recruitment policies, Employment contracts, Remuneration  records and policies - may be viewed at SAPOA Head Office - Financial Manager Operations:  Client database, Client Records and turnover - may be viewed at SAPOA Head Office - Operations/Financial Manager. Finances:  Financial statements, Annual financial statements, Vouchers, Assets  inventory -  May be viewed at SAPOA Head Office - Financial Manager. 

(iii)    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 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 Manual 

SAPOA Head Office - between the hours of 08h00 and 16h30, Monday to Friday.
This website.