MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, NO. 2 OF 2000

FOR   HANKS AERO ADVENTURES    97/11193/10

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1.             INTRODUCTION Hanks Aero Adventures Inc. is a tour operator. We coordinate Self-Fly Safaris^Ň for foreign pilots who wish to do vacation flying in southern Africa by sourcing aircraft, arranging pilot licence validation and booking accommodations. 

The aim of this MANUAL is to provide assistance to potential REQUESTERS as to the procedure to be followed when requesting access to records held by Hanks Aero Adventures Inc., as envisaged in the ACT. 

The records contained in this MANUAL are available from Hanks Aero Adventures Inc. by means of a REQUEST addressed to the head at the address as set out in clause 3.  If the REQUEST is granted, all fees, as prescribed in section 54 of the ACT must be paid before any REQUEST can be processed.  The fees payable are published by way of regulation.
Hanks Aero Adventures Inc reserves the right to refuse information where such information falls under a specified exemption as set out in chapter 4 of the ACT.

2.             DEFINITIONS
ACT – the Promotion of Access to Information Act, 2 of 2000 together with all relevant regulations published.
MANUAL – this manual together with all annexures.
OFFICE HOURS – 08:00 am to 16:30 pm Monday to Friday, excluding public holidays.
REQUEST – a request for access to a record in terms of section 53 of the ACT.
REQUESTER – a person making a request for access to a record, as defined in section 1 of the ACT.
SAHRC – the South African Human Rights Commission.

3.             SECTION 51 (1) (a) – OUR DETAILS 

 4.             SECTION 51 (1) (b) – THE SAHRC GUIDE

The SAHRC compiled a guide on how to use the ACT in terms of section 10 of the ACT.  The guide contains information required by a person wishing to exercise or protect any right in terms of the ACT.  The guide contains information under the following headings: 

Why access to information?
Access to information
How to make a request for access to information
When access to a record may be refused
General information
Public bodies from whom you can access records 

There are SAHRC offices in the Eastern Cape, Free State, KwaZulu Natal, Western Cape, and the Northern Cape.  Any enquiries regarding the guide may be directed to the head office in Gauteng, alternatively to a local office. 

 5.             SECTION 51 (1) (c) – INFORMATION AUTOMATICALLY AVAILABLE
No notice has been published in accordance with section 52(2) of the ACT regarding the categories of records freely available without a person having to request access in terms of the ACT. 

The following categories of records are however freely available without a person having to request access in terms of the ACT.  The information may be requested from the Information Officer: 

Marketing and promotional material;
Newsletters – AFRICAN FLYER;
Information as published on the website of Hanks Aero Adventures Inc.

6.             SECTION 51 (1) (d) – OTHER STATUTORY INFORMATION
Where applicable to the business of Hanks Aero Adventures Inc., records are kept in accordance with the following legislation: 

Aviation Act, 1962 (Act. # 74 of 1962)
21st Amendment of the Civil Aviation Regulations, 1997
Companies Act, 61 of 1973
Income Tax Act, 58 of 1962
Tourism Act, No 72, 1993
Tourism Second Amendment Act , No 70, 2000
Valued-Aded Tax Act, 89 of 1991

7.             SECTION 51 (1) (e) – SUBJECTS AND CATEGORIES OF INFORMATION
Hanks Aero Adventures Inc.holds the following categories of records: 

Statutory Company Information:
Certificate of Incorporation; Minutes, Resolutions and Proxy forms; Registers Fixed Assets and Directors.

Financial and Accounting:
Audited Annual Financial Statements; Ledgers; Journals; Budgets and business plans; Bank account statements cheque books, cheques and deposit slips; Tax records; VAT returns; Auditors’ and Directors’ reports; Delivery notes, orders, invoices, statements, receipts, vouchers and bills of exchange.

Legal documents, Agreements and Contracts:
Contracts, including lease agreements;

Agreements with contractors, suppliers and customers/clients:
Sale agreements; Distributor, dealer or agency agreements;

Insurance:
Insurance policies; Details of insurance coverage, limits and insurers.

Correspondence;

Intellectual property:
Designs, trademarks, trade names and protected names;

Clients:
Client information, records and correspondence.

Marketing:
Service and product information; Marketing literature (brochures, newsletters and advertising materials); Media releases; Website.

8.             SECTION 51 (1) (f) – ADDITIONAL PRESCRIBED INFORMATION
No notice has been published in accordance with section 51(1)(f) of the ACT.

9.                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 Hanks Aero Adventures Inc..  This REQUEST must be made to the address, fax number or electronic mail address as stated above. 

The REQUESTER must provide sufficient detail on the REQUEST form to enable the head of the Hanks Aero Adventures Inc. 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. 

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. 

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 Hanks Aero Adventures Inc.. 

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 Hanks Aero Adventures Inc. 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. 

The fee that the REQUESTER must pay to Hanks Aero Adventures Inc. is R50.  The REQUESTER may lodge an application to the court against the tender or payment of the REQUEST fee. 

After the head of Hanks Aero Adventures Inc. 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.

10.                AVAILABILITY OF THIS MANUAL

This MANUAL is available for inspection upon request, during OFFICE HOURS and free of charge at Hanks Aero Adventures Inc. offices.  Copies of the MANUAL are also available from the SAHRC and on the website of Hanks Aero Adventures Inc..