A. CONTENTS
INTRODUCTION TO SAKATA SEED SOUTHERN AFRICA (Pty) Ltd.
DEFINITIONS
CONTACT DETAILS
THE SECTION 10 GUIDE ON HOW TO USE THE ACT
RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION
ACCESS TO THE RECORDS HELD BY THE PRIVATE BODY IN QUESTION
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)
Records that may be requested in terms of Section 51 (1) (e) of the Act.
Request procedures
1. Form of request
2. Fees
OTHER INFORMATION AS MAY BE PRESCRIBED
AVAILABILITY OF THE MANUAL
B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL
INTRODUCTION TO SAKATA SEED SOUTHERN AFRICA (Pty) Ltd.
Sakata Seed Southern Africa Seeds are seed merchants, specialising in the trade of horticultural seeds.
A company of the Sakata Seed Corporation in Japan, we produce seed locally as well
as source seed of a high quality from various suppliers internationally. Seed is
tested, processed and packaged by the company for distribution via our distribution
network to consumers in Sub-Saharan Africa and the Indian Ocean
Islands.
DEFINITIONS
For purposes of this manual, definitions and interpretations are referred to Chapter
1 of the Promotion of Access to Information Act.
The following definitions are specific to this manual:
"Company" means SAKATA SEED SOUTHERN AFRICA (Pty) Ltd.
"CEO" means the Managing Director, as the head of Sakata Seed Southern Africa (Pty)
Ltd
CONTACT
DETAILS
Company name: SAKATA SEED SOUTHERN AFRICA (Pty) Ltd.
Registration number: 1950/039800/07
Postal address: PO Box 160, Lanseria, 1748
Street address: Teesdale Estate, Renosterspruit, Lanseria
Telephone: (011) 548-2800
Facsimile: (011) 548-2820
Web site: www.sakata.com
CEO e-mail: mark.sachs@sakata-eu.com
THE SECTION 10 GUIDE ON HOW TO USE THE ACT
The Guide is available from the South African Human Rights Commission. Please direct any queries to:
The South African Human Rights Commission
Postal address: Private Bag 2700, Houghton, 2041
Telephone: (011) 484-8300
Facsimile: (011) 484-0582
Web site: www.sahrc.gov.za
E-mail: paia@sahrc.org.za
RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATION
Basic Conditions of Employment Act No. 75 of 1997
Companies Act No. 61 of 1973
Employment 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
Skills Development Levies Act No. 9 of 1999
Skills Development Act No. 97 of 1998
Trade Marks Act No. 194 of 1993
Unemployment Contributions Act No. 4 of 2002
Unemployment Insurance Act No. 63 of 2001
Value Added Tax Act No. 89 of 1991
Plant Improvement Act No. 53 of 1976
Plant Breeders' Rights Act No. 15 of 1976
Agricultural Pests Act No. 36 of 1983
Fertiliser Farm Feeds, Agricultural Remedies, Stock Remedies Act 36 of 1947
ACCESS TO THE RECORDS HELD BY THE PRIVATE BODY IN QUESTION
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)
The records in the following categories may be accessed through the relevant legislative
authorities:
Company Information (Registrar of Companies)
Company Founding Statement
Resolutions
Company Registration
License to Trade
Shareholders and Directors
Tax Registration/Statutory Returns (South African Revenue Services)
Tax registration
Registration for statutory returns i.e.VAT , PAYE, SDL, UIF
Trade documents
Plant import permit (Department of Agriculture)
Variety listings (Department of Agriculture)
Labour
Employment Equity Report (Department of Labour)
Workplace Skills Plan (SETA for Secondary Agriculture)
Records that may be requested in terms of Section 51 (1) (e) of the Act.
The records in the following categories may be requested for purchase or copying
from SAKATA SEED SOUTHERN AFRICA (Pty) Ltd.
Administration
Minutes of Management and Forum meetings
Licenses - Seed Analyst Laboratory license - License to sell seed
- License to cleanse seed
- License to pre-pack seed
Trade Agreements
Royalty agreements
-Breeding arrangements
- Distributor agreements
- Supplier agreements
Operations
Quality management operational documents
Sales records
Production records
Records of seed testing for third parties
Seed analysis test results
Financial
Audit reports
Financial statements
Fleet management agreements
Statutory returns
Stock records
Assets inventory
Labour
Conditions of Service and Human Resources policy
Contracts of employment
Employee personal information
Remuneration records
Trade Union Recognition agreement
Request procedures
1. Form of request:
The requestor must use the prescribed form to make the request for access to a record.
This must be made to the Managing Director of SAKATA SEED SOUTHERN AFRICA (Pty)
Ltd as the head
of the private body. This request must be made to the address, fax number, or electronic
mail address of the body concerned.
The requestor must provide sufficient detail on the request form to enable the Managing
Director to identify the record and the requestor. The requestor should also indicate
which form of access is required. The requestor should also indicate if any other
manner is to be used to inform the requestor and state the necessary particulars
to be so informed.
The requestor 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.
If a request is made on behalf of another person, the requestor must then submit
proof of the capacity in which the requestor is making the request to the satisfaction
of the Managing Director.
The Managing Director reserves the right to decline any request that, in the opinion
of the Managing Director, does not justify disclosure. In so doing, the Managing
Director acknowledges that alternative processes may be followed by the requestor.
2. Fees
A requestor who seeks access to a record containing personal information about that
requestor is not required to pay the request fee. Every other requestor, who is
not a personal requestor, must pay the required request fee:
The Managing Director must notify the requestor (other than a personal requestor)
by notice, requiring the requestor to pay the prescribed fee (if any) before further
processing the request.
The fee that the requestor must pay to the Company is R50. The requestor may lodge
an application to the court against the tender or payment of the request fee.
After the Managing Director of the Company has made a decision on the request, the
requestor 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.
OTHER INFORMATION AS MAY BE PRESCRIBED
Minister of Justice and Constitutional Development has not made any regulations
in this regard.
AVAILABILITY OF THE MANUAL
This manual is available for inspection at the Head Office of SAKATA SEED SOUTHERN
AFRICA (Pty) Ltd free of charge. Copies are available with the South African Human Rights Commission,
in the gazette and on the web-site of SAKATA SEED SOUTHERN AFRICA
(Pty) Ltd, www.sakata.com