JDI Foundation Trust

Section 51 Manual In Terms Of The Promotion Of Access To Information Act

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 JDI Foundation Trust [Sections 51(1)(c) and 51(1)(e)]
1. 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)]
2. Records that may be requested [Section 51(1)(e)]
3. The request procedures
5. Other information as may be prescribed [Section 51(1)(f)]
6. Availability of the manual [Section 51(3)]

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

1. Contact person: James Clayton
2. Postal address: suite 86, Private Bag X 1005, Claremont, 7735
3. Physical address: Beau Constance Farm, Main Road, Constantia, Cape Town
4. Telephone: +27 21 794 2705
5. Fax: +27 21 794 0534
6. E-mail: admin@jdi.org.za

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

The Guide is the book produced by the South African Human Rights Commission in terms of Section 10 of the Act. The purpose of the Guide is to reasonably assist any person who wishes to exercise any right in terms of the Act.

The Guide will be available from the South African Human Rights Commission by no later than August 2004. Please direct any queries to the South African Human Commission, whose details are listed below:

• 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)]

• Income Tax Act No. 95 of 1967
• Nonprofit Organisations Act 71 of 1997
• Stamp Duties Act No. 77 of 1968
• Trust Property Control Act No. 57 of 1998
• Usury Act No 73 of 1968
• 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)]

1. 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)]
   
   Information about the fundraising activities and projects of the JDI Foundation Trust and the section 51 Manual may be obtained from the contact person and at the address and details given in paragraph
2. 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)]
• Statutory records
  Letters of Authority issued by the Master of the High Court (Cape of Good Hope Provincial Division)
  Deed of Trust
  Income Tax Registration
• Financial Records
  Annual Financial Statements
  Banking Details
  Accounting Records
  Records of donors
• Practise Records
  Records of donors and members
  Records of fundraising activities and projects
  Records of beneficiaries
3. The request procedures, includes the form of request and fees
• 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 the manual [Section 51(3)]

The Manual is available for public inspection upon request to the contact person and at the address and details given in paragraph 1 during normal office hours, free of charge.

Copies of the Manual are also available with the South African Human Rights Commission at the address and details in paragraph 2.