PAIA (Promotion of Access to Information Act of 2000) requires that every business compile a manual containing basic contact information, records available to the public and access thereof. The manual needs to be submitted to the South African Human Rights Commission, displayed on the businesses website and be accessible at the place of business. Failure to comply is an offence which may result in a fine or imprisonment for a period not exceeding two years.
SECTION 51 MANUAL ON THE PROMOTION OF ACCESS TO INFORMATION ACT
Ownership
This manual is owned by Hurwitz Higgs Attorneys
a duly authorised private body under the abovementioned Act (hereunder referred to as the “the Business”).
As Key Individual of the aforementioned the Business
I, Darryl Hurwitz hereby confirm the adoption of this manual.
1. Introduction
The Promotion of Access to Information Act, 2000, PAIA gives effect to section 32 of the Constitution, which provides that everyone has the right to access information held by the State, as well as information held by another person (or private body) when such privately held information is required to exercise a right or to protect a right.
PAIA, provides that a person requesting information must be given access to any record of a private body, if that record is required for the exercise or the protection of a right. However, such request has to comply with the procedural requirements laid down by the Act.
This manual is compiled in accordance with Section 51 of PAIA and contains the following provisions:
- the business’s postal address, street address, phone and fax number and e-mail address;
- a short description of the guidance document on the application of the Promotion of Information Act and the process to be followed in order to obtain a copy of this guide (compiled by the Human Rights Commission in terms of section 10 of the Act);
- the process to be followed in order to access information held by the business. See Annexure C;
- a description of the typology of records held by the business (i.e. various information subjects held on each category type). See Annexure A;
- a description of records which are freely available without having to submit a formal request to access information in terms of the Act. See Annexure B;
- a description of the business’s information which are available in accordance with any other legislation.
2. THE BUSINESS CONTACT DETAILS
Tel: 011 440 2751
Email: info@hurwitzhiggs.co.za
Address: 34 Andries Street, Sandton 2090
PO Box 2 Rivonia 2128
3. GUIDE ON THE PROMOTION OF ACCESS TO INFORMATION ACT (SECTION 10)
The guidance document on the application of the Promotion of Access to Information Act has been compiled by the South African Human Rights Commission. The guidance document has been developed in order to assist people to access records and to exercise their right to information.
The guide is available in all South African official languages free of charge, and any person may request a copy of the guide. A copy of the guide may be obtained by contacting the South African Human Rights Commission at:
The South African Human Rights Commission
PAIA Unit
The Research and Documentation Department
Private Bag 2700
Houghton
2041
Telephone: 011 877 3600
e-Mail: paia@sahrc.org.za
Website: www.sahrc.org.za
4. PROCEDURE FOR OBTAINING ACCESS TO INFORMATION
Any person who wishes to request any information held by the business in order to protect or exercise a right may contact the business’s information officer, Darryl Hurwitz at the above contact details provided under heading number 2.
A request for access to information must be made in the prescribed form to the information officer indicated above. See Annexure C for the prescribed form.
All required text fields on the annexed “Request for Information Form” must be completed in full and in a legible form. The form (as well as any additional pages attached thereto) must be signed by the person submitting the form.
Once the “Request for Information Form” has been submitted, the information officer will notify the person who submitted the request of the prescribed fee (if any) payable before further processing the request.
A fee of R50 will be charged for access to any records. If the request is granted, the person who submitted the request will be accordingly notified and a further fee will be payable. The additional fee would be for the reproduction, preparation and time reasonably required to search for and prepare the disclosure. The person who submitted the request may lodge an application to court against the tender or payment of the fee.
An individual seeking access to a record containing their own personal information will not be charged a request fee.
A person submitting the request must:
‣indicate the identity of the person seeking access to the information
‣provide sufficient particulars to enable the information officer to identify the information requested
‣specify the format in which the information is required
‣indicate the contact details of the person requiring the information
‣indicate the right to be exercised and/or to be protected, and specify the reasons why the information required will enable the person to protect and/or exercise the right
‣where the person requesting the information wishes to be informed of the decision of the request in a particular manner, state the manner and particulars to be so informed
‣ if the request for information is made on behalf of another person, submit proof that the person submitting the request, has obtained the necessary authorisation to do so
5. TYPE OF RECORDS HELD BY THE BUSINESS
Request for access to documents held by the business will be in accordance with the Act. The type of records available to the person requesting the information are listed in Annexure A.
A description of records which are freely available without having to submit a formal request to access information in terms of the Act are listed in Annexure B.
6. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION
The person requiring the information may also request information which is available in terms of the following legislation:
‣ Administration of Estates Act
‣ Arbitration Act
‣ Auditing Professions Act
‣ Basic Conditions of Employment Act
‣ Collective Investment Schemes Control Act
‣ Companies Act
‣ Compensation for Occupational Injuries & Diseases Act
‣ Consumer Protection Act
‣ Copyright Act
‣ Electronic Communications and Transactions Act
‣ Employment Equity Act
‣ Financial Advisory & Intermediary Services Act
‣ Financial Institutions (Protection of Funds) Act
‣ Financial Intelligence Centre Act
‣ Financial Services Board Act
‣ Financial Services Ombud Schemes Act
‣ Friendly Societies Act
‣ Income Tax Act
‣ Insolvency Act
‣ Labour Relations Act
‣ Long-term Insurance Act
‣ Medical Schemes Act
‣ National Credit Act
‣ Occupational Health & Safety Act
‣ Pension Funds Act
‣ Prevention of Organised Crime Act
‣ Promotion of Equality and Prevention of Unfair Discrimination Act
‣ Protection of Constitutional Democracy against Terrorist and related Activities Act
‣ Short-term Insurance Act
‣ Skills Development Act
‣ Skills Development Levies Act
‣ South African Qualifications Authority Act
‣ Stamp Duties Act
‣ Trademarks Act
‣ Unemployment Insurance Act
‣ Value Added Tax Act
6. GROUNDS FOR REFUSAL OF ACCESS TO RECORDS
The Promotion of Access to Information Act provides a number of grounds on which a request for access to information must be refused. These grounds mainly concern instances where the privacy and interests of other individuals are protected, where such records are already otherwise publicly available, instances where public interest are not served, the mandatory protection of commercial information of a third party, as well as the mandatory protection of certain confidential information of a third party.
A complete list of the grounds for refusal are indicated within Chapter 4 of the Act.
7. MANUAL AVAILABILITY
The manual is available for inspection at the business’s office free of charge. Copies of this manual is also available at the South African Human Rights Commission.
ANNEXURE A
RECORD TYPOLOGY
Request for access to documents held by the business will be in accordance with the Act. The type of records available to the person requesting the information are listed hereunder
Administrative Records
These include, but are not limited to the following:
‣ the business’s license
‣ the business’s compliance manual
‣ the business’s policies
‣ the business’s internal rules and procedures
‣ any personal records provided to the business’s by its personnel
‣ any records which a third party has provided to the business’s about any of its personnel
Human Resources Records
These include, but are not limited to the following:
‣ any personal records provided to the business’s by its personnel
‣ any records which a third party has provided to the business’s about any of its personnel
‣ conditions of employment and other personnel-related contractual and quasi-legal records
‣ internal evaluation and training records
‣ other internal records and correspondence
Client-related Records
These include, but are not limited to the following:
‣ advice records
‣ operational records
‣ databases
‣ information technology
‣ marketing records
‣ internal correspondence
‣ product records
‣ statutory records
‣ internal policies and procedures
‣ treasury-related records
‣ securities and equities
‣ records held by officials of the business
Financial Records
These include, but are not limited to the following:
‣financial statements
‣audit records
‣assets inventory
Other Parties
The business may possess records pertaining to other parties, including without limitation, contractors, suppliers, subsidiary/holding companies, joint venture companies and other the Businesss.
These records include:
‣service level agreements
‣financial records
‣correspondence
Alternatively, such other parties may possess records which can be said to belong to the business. The following records fall under this category:
‣personnel, client or the business’s records which are held by another party
‣records held by the business pertaining to other parties, including without limitation:
‣financial records
‣correspondence
‣contractual records
‣records provided by the other party
ANNEXURE B
AUTOMATICALLY AVAILABLE RECORDS
The following records are automatically available without having to submit a formal request to access the information in terms of the Act.
For inspection purposes:
For purchasing:
For copying:
Available free of charge:
ANNEXURE C
REQUEST FOR INFORMATION FORM
1. PARTICULARS OF PERSON REQUESTING ACCESS TO INFORMATION
2. PARTICULARS OF PERSON ON WHOSE BEHALF THE REQUEST IS MADE
Only complete this section if a request for information is made on behalf of another person
3. PARTICULARS OF REQUESTED INFORMATION
Provide full particulars of the information to which access is requested. If the provided space is inadequate, please continue on a separate page and attach it to this form. (please sign all additional pages)
4. FORMAT IN WHICH INFORMATION IS REQUIRED
Indicate the format in which the information requested is required. Please note that the request for access in the specified format may depend on the format in which the record is available. Access in the requested format may be refused under certain circumstances.
5. RIGHT TO BE EXERCISED OR PROTECTED
Indicate the right that is to be exercised and/or protected and why the information is required to protect and/or to exercise this right.
6. NOTIFICATION
You will be notified by e-mail and/or post whether your request has been approved or denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars.
Signed at:____________________________on this_________day of __________ 2012
_____________________________________
Signature of person submitting the request