PAIA
PAIA MANUAL
PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, NO 2 OF 2000 (“the ACT”)
for
DU TOIT LAMBRECHTS INCORPORATED
REGISTRATION NUMBER: 2016/350606/211
1.INTRODUCTION
The Promotion of Access to Information Act, no 2 of 2000 (“the Act”) gives effect to the right of access to information in records held by public or private bodies that is required for the exercise or protection of any rights as enshrined in the Bill of Rights in The Constitution of The Republic of South Africa, 199 (“the Constitution”). The Act sets out the requisite procedural issues attached too such request, the requirements with which such a request must comply as well as the grounds for refusal of such request.
The manual informs requesters of the procedural and other requirements with which a request must comply in terms of the Act.
The Act recognizes that the right to access of information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:
- Limitations aimed at reasonable protection of privacy;
- Commercial confidentiality;
- Effective, efficient and good governance.
The right of access to information must also be balanced against any other rights contained in the Constitution.
Du Toit Lambrechts Incorporated is a company which conducts business as a law firm with its offices situated in Mossel Bay and Bloemfontein.
2. CONTACT DETAILS AND GENERAL INFORMATION
Du Toit Lambrechts Incorporated has duly authorised and appointed the information officer below as the person to whom requests for access to Information must be made in terms of the Act.
All requests for information in terms of the Act must be in writing and addressed to the information officer of DU TOIT LAMBRECHTS INCORPORATED as set out below:
Information officer MOSSEL BAY: MR CAREL DU TOIT
Postal Address: PO BOX 2490
MOSSEL BAY
6500
South Africa
Physical Address: Cyprus Cottage
16 Marsh Street
Mossel Bay
6500
South Africa
Telephone: +27 44 690 3666
Facsimile: +27 86 537 6447
E-mail: carel@dtllaw.co.za
Information officer BLOEMFONTEIN: MRS LERINA LAMBRECHTS
Postal Address: PO BOX 29954
DANHOF
9310
South Africa
Physical Address: 15 Wilcocks Road
Noordhoek
Bloemfontein
9301
South Africa
Telephone: +27 51 433 1415
E-mail: lerina@dtllaw.co.za
3. DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10 OF THE ACT
The Human Rights Commission has compiled a guide, in terms of Section 10 of the Act, containing information which may reasonably be required by a person who wishes to exercise any right contemplated in the Act. This guide was published in the first half of 2005 and access to it and to any amended version thereof can be found on the website of the South African Rights Commission at www.sahrc.org.za or a hard copy can be obtained from 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
Facsimile: +27 11 484 0582
Website: www.sahrc.org.za
E-mail: PAIA@sahrc.org.za
4. NOTICE IN TERMS OF SECTION 52(2) OF THE ACT
At this stage no notice(s) has/have been published on the categories of records that are automatically available without a person having to request access in terms of the Act.
5. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION
Records available in terms of other legislation are as follows:
5.1. Labour Relations Act 66 of 1995
5.2. Employment Equity Act 55 of 1998
5.3. Basic Conditions of Employment Act 75 of 1997
5.4 Compensation for Occupational Injuries And Disease Act 130 of 1993
5.5. Companies Act 61 of 1973
5.6. Unemployment Insurance Act 63 of 2001
5.7. Value Added Tax act 89 of 1991
5.8. Income Tax Act 58 of 1962
5.9. Skill Development act 9 of 1999
6. ACCESS TO RECORDS
Note: This section of the Manual sets out the subject and categories of record held by DU TOIT LAMBRECHTS INCORPORATED. The inclusion of any subject or category of records should not be taken as an indication that records falling within those subjects and/or categories will be made available under the Act. In particular, certain grounds of refusal as set in the Act may be applicable to a request for such records.
Recording a category or subject matter in this manual does not imply that a request for access to such records would be honored. All requests for access will be evaluated on a case by case basis on their own merits and DU TOIT LAMBRECHTS INCORPORATED reserves the right to decline to grant access to record in accordance with the provisions of the Act.
6.1 FINANCIAL RECORDS
6.1.1 Power of attorney agreements and a list of persons authorize to bind DU TOIT LAMBRECHTS
INCORPORATED;
6.1.2 Accounting records, books and documents of DU TOIT LAMBRECHTS INCORPORATED;
6.1.3 Interim and annual financial report of DU TOIT LAMBRECHTS INCORPORATED;
6.1.4 Details of auditors of DU TOIT LAMBRECHTS INCORPORATED.
6.2 BANKING DETAILS
6.2.1 Auditors reports in respect of audits conducted on DU TOIT LAMBRECHTS INCORPORATED;
6.2.2 Invoice in respect of both creditors and debtors of DU TOIT LAMBRECHTS INCORPORATED;
6.2.3 Other financial records of DU TOIT LAMBRECHTS INCORPORATED;
6.2.4 Indebtedness to bankers;
6.2.5 Bank facilities and accounts details;
6.3 BANK STATEMENTS
6.3.1 The level of overdraft and other borrowings of DU TOIT LAMBRECHTS INCORPORATED;
6.3.2 Other financial commitments of DU TOIT LAMBRECHTS INCORPORATED;
6.3.3 Other banking records.
6.4 HUMAN RESOURCES / EMPLOYMENT RECORDS
6.4.1 List of employees;
6.4.2 Contracts and/or documentation pertaining to arrangements with partners;
6.4.3 Personnel files in respect of each employee of DU TOIT LAMBRECHTS INCORPORATED;
6.4.4 Disciplinary records and documentation pertaining to disciplinary proceedings;
6.4.5 Documents relating to employee benefits;
6.4.6 Compensation or redundancy payments;
6.4.7 Training Manuals;
6.4.8 Other information relating to employees of DU TOIT LAMBRECHTS INCORPORATED;
6.5 INTELLECTUAL PROPERTY
6.5.1 Trade-mark, copyrights and designs held by DU TOIT LAMBRECHTS INCORPORATED;
6.5.2 Records relating to domain names held by DU TOIT LAMBRECHTS INCORPORATED;
6.5.3 Licenses relating to intellectual rights;
6.5.4 Other agreements relating to intellectual property rights.
6.6 INFORMATION PERTAINING TO CLIENTS
6.6.1 Agreements with clients of DU TOIT LAMBRECHTS INCORPORATED;
6.6.2 Documentation and other information received from clients, including documentary
Information required in compliance with the Financial Intelligence Centre Act 38 of 2001;
6.6.3 Documentation and other information received from third parties;
6.6.4 Correspondence with clients;
6.6.5 Correspondence with third parties;
6.6.6 Research conducted on behalf of clients of DU TOIT LAMBRECHTS INCORPORATED;
6.6.7 Information prepared by partners and employees of DU TOIT LAMBRECHTS INCORPORATED for clients, including opinions, memorandum and reports;
6.6.8 Records pertaining to legal proceedings involving clients of DU TOIT LAMBRECHTS INCORPORATED;
6.6.9 Other information relating to, or held on behalf of, clients of DU TOIT LAMBRECHTS INCORPORATED;
6.7 LIBRARY INFORMATION
6.7.1 Precedent agreements;
6.7.2 Information circulars;
6.7.3 Publications;
6.7.4 Other information held by the library of DU TOIT LAMBRECHTS INCORPORATED;
6.8 INSURANCE RECORDS
6.8.1 Insurance policies taken out for the benefit of DU TOIT LAMBRECHTS INCORPORATED and its employees, including:
- group life assurance and disability income protection insurance;
- insurance in respect of the property occupied by DU TOIT LAMBRECHTS INCORPORATED;
- insurance in respect of the movable property of DU TOIT LAMBRECHTS INCORPORATED;
- professional indemnity insurance in respect of DU TOIT LAMBRECHTS INCORPORATED;
- fidelity insurance in respect of trust monies and client investment monies held by DU TOIT LAMBRECHTS INCORPORATED;
6.9 IMMOVABLE AND MOVABLE PROPERTY
6.9.1 Agreements for the lease of immovable property by DU TOIT LAMBRECHTS INCORPORATED;
6.9.2 Agreements for the lease or sale of movable property by DU TOIT LAMBRECHTS INCORPORATED;
6.9.3 Credit sale agreements and/or hire purchase agreements;
6.9.4 Other agreements for the purchase, ordinary sale, conditional sale or hire of assets.
6.10 INFORMATION TECHNOLOGY
6.10.1 Computer software, support and maintenance agreements;
6.10.2 Other documentation pertaining to computer systems and computer programs held by DU TOIT LAMBRECHTS INCORPORATED;
6.11 MISCELLANEOUS AGREEMENTS
6.11.1 Loans from third parties (including banks);
6.11.2 Loans to third parties;
6.11.3 Surety ship agreements;
6.11.4 Security agreements, guarantees and indemnities;
6.11.5 Agency, Management and distribution agreements;
6.11.6 Marketing agreements;
6.11.7 Agreements with suppliers of DU TOIT LAMBRECHTS INCORPORATED;
6.11.8 Confidentiality and/or non-disclosure agreements;
6.11.9 Other relevant agreements.
6.12 CORRESPONDENCE
Correspondence of DU TOIT LAMBRECHTS INCORPORATED including internal and external memoranda.
6.13 INFORMATION RELATING TO LEGAL PROCEEDINGS
Records relating to legal proceedings involving DU TOIT LAMBRECHTS INCORPORATED;
7. THE REQUEST PROCEDURE
7.1. From of request
7.1.1 The requester must use the prescribed form to make the request for access to a record. This must be made to the information officer of DU TOIT LAMBRECHTS INCORPORATED. This request must be made to the address, fax number or electronic mail address of the information officer of DU TOIT LAMBRECHTS INCORPORATED;
7.1.2 The requester must provide sufficient details on the request form to enable the Information Officer of DU TOIT LAMBRECHTS INCORPORATED to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
7.1.3 The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation as to why the requested record is required for the exercise or protection of that right.
7.1.4 If a request is made on behalf of a person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer of DU TOIT LAMBRECHTS INCORPORATED;
7.1.5 The information officer will make a decision whether to grant the request or to decline the request and must notify the requester in the required form.
7.1.6 If the request is granted, then an access fee must be paid for the search, reproduction and preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.
7.1.7 If after reasonable steps have been taken to find a record requested and same cannot be located or does not appear to exist, DU TOIT LAMBRECHTS INCORPORATED will advise the requester accordingly.
8. FEES
8.1 The information officer of DU TOIT LAMBRECHTS INCORPORATED must notify the requester (other than a personal requester) by notice, requiring the requester to pay the relevant fee before further processing the request. A personal requester does not pay such fee.
8.2 The requester may lodge an application to the court against the tender or payment of the request fee.
8.3 The information officer of DU TOIT LAMBRECHTS INCORPORATED will then make a decision on the request and notify the requester in the required form.
8.4 If the requester is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that had exceeded the prescribed hours to search and prepare the record for disclosure.
For further information on the fees sees Annexure B attached hereto.
9. AVAILABILITY OF THE MANUAL
The manual is available for inspection at the offices of DU TOIT LAMBRECHTS INCORPORATED free of charge. Copies are also available with the South African Human Rights Commission.
10. PRESCRIBED FEES AND FORMS IN RESPECT OF PRIVATE BODIES
The prescribed forms and fees for requests to private bodies are available on the website of the Department of Justice and Constitutional Development, www.doj.gov.za.
11.DEPOSIT
In accordance with Section 54(2) of the Act, DU TOIT LAMBRECHTS INCORPORATED, may require a deposit in cases where searching for a record exceeds 6 hours. The deposit will represent one third of the access fees payable by the requester.
12.RIGHT OF APPEAL
A requester that is dissatisfied with the Information Officer’s refusal to grant access to any information may –
- Within 30 days of being informed that the request was not granted lodge an internal appeal; or
- Within 30 days of notification of the decision apply to court for relief.
Likewise, a third party dissatisfied
with the Information Officer’s decision to grant a request may, within 30 days of notification of the decision, apply to court for relief.
13.PRESCRIBED FORMS
See form A attached hereto.