PAIA Manual

MANUAL PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 (HEREINAFTER REFERRED TO AS THE “ACT”) FOR ASSISTANCE IN REQUESTING INFORMATION FROM:

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BACKGROUND

Every private body specified in the Act, is required to compile a manual which includes information on the business including a description of all/any records held in its possession and make a copy of this manual available to the public upon request for the purpose of creating a right to access information enshrined in section 32 of the Constitution of the Republic of South Africa, Act 108 of 1996 and to promote a culture of transparency, accountability and good governance both in the private and public sectors.

INTRODUCTION

Waldeck Attorneys & Notaries is a small law firm which provides general legal services which includes litigation, notarial, company, labour, commercial, family and intellectual property law to our clients.

CONTENTS PARTICULARS IN TERMS OF THE SECTION 51 MANUAL

A. Contact details of the Firm [section 51(1)(a)].
B. Description of guide referred to in section 10 [section 51(1)(b)].
C. Records available in terms of other legislation [section 51(1)(d)].
D. Subjects and categories of record held [section 51(1)(e)].
E. Availability of the manual and requests for access.
Form C and Annexure “1”. Prescribed Forms.

A. CONTACT DETAILS OF THE FIRM – SECTION 51(1)(a)

Name of private body Waldeck Attorneys & Notaries
Name of head of private body Claire Waldeck
Registered street address 105 Badenhorst Street Fairland Johannesburg South Africa 2195
Postal address PO Box 2722 Cresta 2118
Telephone number +27 11 431 4371
Fax number +27 86 672 3477
E-mail address waldeck@waldeckattorneys.co.za
Website www.waldeckattorneys.co.za
Person duly authorized to assist in all requests for access to information Claire Waldeck

B. DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10 – SECTION 51(1)(b)

The South African Human Rights Commission (“SAHRC”), in terms of section 10 is required to compile a guide to assist people in exercising their rights under the Act. For further assistance, contact the SAHRC at:

Address: PAIA Unit, The Research and Documentation Department, Private Bag X2700, Houghton, 2041
Telephone: (011) 877 3803
Fax: (011) 403 0625
Website: www.sahrc.org.za
E-mail: PAIA@sahrc.org.za

C. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION – SECTION 51(1)(d)

Waldeck Attorneys & Notaries, where applicable, holds information in terms of the following Legislation, but is not limited to:

• Basic Conditions of Employment Act, No. 75 of 1977
• Companies Act, No. 71 of 2008
• Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993
• Electronic Communications and Transactions Act, No. 25 of 2002
• Employment Equity Act, No. 55 of 1998
• Income Tax Act, No. 68 of 1962
• Labour Relations Act, No. 66 of 1978
• Occupational Health and Safety Act, No. 85 of 1993
• Skills Development Act, No. 97 of 1988
• Skills Development Levies Act, No. 9 of 1999
• Unemployment Contribution Act, No. 4 of 2002
• Unemployment Insurance Act, No. 30 of 1966
• Value Added Tax Act, No. 89 of 1991
• Attorneys Act, No. 53 of 1979
• National Credit Act, No. 34 of 2005
• Consumer Protection Act, No 68 of 2008
• Financial Intelligence Centre Act, No. 38 of 2001
• Trade Marks Act, No. 194 of 1993
• Copyright Act, No. 98 of 1978
• Prescription Act, No. 68 of 1969

D. SUBJECTS AND CATEGORIES OF RECORD HELD – SECTION 51(1)(e)

Employment Records
• Employment contracts
• Disciplinary records
• Salaries and wages records
• Disciplinary code
• Leave records
• Banking details
• PAYE records
• Documents issued to employees for income tax purposes
• Records of payments made to SARS on behalf of employees
• UIF records

Client records
Section 51 PAIA Manual WALDECK ATTORNEYS & NOTARIES
• Records provided by clients, including FICA documents
• Records provided by a client to a third party acting for and on behalf of Waldeck Attorneys & Notaries
• Records provided by third parties
• Records generated by or within Waldeck Attorneys & Notaries
• Client files
• Fee agreements, quotations and mandates

General records
• Financial and accounting records
• Insurance records
• Asset register
• Client, supplier and document databases
• Law Society records, including Fidelity Fund Certificate
• Internal and external correspondence
• Commercial agreements
• Tax compliance documents
• Accounting records
• Bank statements
• Invoices

The above information will only be made available subject to the provisions of the Act and access to records may be refused due to attorney-client privilege.

E. AVAILABILITY OF THE MANUAL AND REQUESTS FOR ACCESS

Waldeck Attorney’s & Notaries’ manual is available for inspection free of charge at the registered address of the firm. Copies of the manual may be obtained, subject to the prescribed fees. The manual may also be accessed on the firm’s website or alternatively a copy is available upon request directly from the SAHRC.

All requests for access to information should be addressed to the head of the private body at her address, fax number or email. In terms of the Act, all requests must be completed on the prescribed request form, annexed hereto marked “Form C”.

The requester must provide sufficient detail on the request form to enable the head of Waldeck Attorneys & Notaries to identify the record and the requester. The requester should also indicate what form of access is required and specify a postal address or fax number of the requester.

The requester must identify the right that he or she is seeking to exercise or protect 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 a third person, the requester must then submit proof of the capacity in which the request is being made.

The head of Waldeck Attorneys & Notaries must notify the requester by notice, requiring the requester to pay the prescribed fee (if any) before processing the request. The prescribed fee is in the Regulations of the Act. The head will then make a decision in accordance with the provisions of the Act, whether to grant the request or not and notify the requester of the decision.

If the request is granted, a further 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.

Legal remedies are available to a requester who believes that there has been a failure to comply with the Act. The requester may lodge an appeal or an application to court.

Section 54 of the Act provides for a private body to require a request fee to be paid by a requester before processing a request. Information in regard to the fees payable is set out in Annexure “1”.

Form C and Annexure “1” – Prescribed Forms

Download the PAIA manual for access to the form.