PAIA Manual

PAIA MANUAL FOR BARKERS ATTORNEYS

 

CONTENTS
1. Contact Details [Section 51(1)(a)].
2. The Section 10 Guide on how to use the Act [Section 51(1)(b)]
3. Records available in terms of any other legislation [Section 51(1)(d)]
4. Access to the records held by Barkers Attorneys [Sections 51(1)(c) and 51(1)(e)]
i. The latest notice regarding the categories of records of Barkers Attorneys which are available without a person having to request access in terms of this Act in terms of section 52(2) [Section 51(1)(c)].
ii. Records that may be requested [Section 51(1)(e)].
iii. The request procedures.
5. Other information as may be prescribed [Section 51(1)(f)].
6. Availability of the manual [Section 51(3)].

 

Introduction to Barkers Attorneys
Barkers Attorneys is a law firm providing professional legal services in South Africa.

 

PARTICULARS IN TERMS OF THE SECTION 51 MANUAL

 

1. Contact Details [Section 51(1)(a)]
P.O. Box 25352 GATEWAY 4321
Suite 102, Level 1, Ridge 6
20 Ncondo Place (off Nokwe Avenue) UMHLANGA RIDGE
4319
Phone: (031) 580 7400 Fax: (031) 580 7444
Website: www.barkers.co.za Email: mailroom@barkers.co.za

 

2. The section 10 Guide on how to use the Act [Section 51(1)(b)]
The Guide will be available from the South African Human Rights Commission.

 

Please direct any queries to:
The South African Human Rights Commission: PAIA Unit The Research and Documentation Department
Physical Address:
27 Stiemens Street
Braamfontein
2001

Telephone: (011) 877 3600
Website: www.sahrc.org.za
Email Address: paia@sahrc.org.za

 

3. Records available in terms of any other legislation [Section 51(1)(d)]

  • Administration of Estates Act 66 of 1965
  • Basic Conditions of Employment Act 75 of 1997
  • Companies Act 71 of 2008
  • Companies Amendment Act 3 of 2011
  • Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
  • Consumer Protection Act 68 of 2008
  • Debt Collectors Act 114 of 1998
  • Employment Equity Act 55 of 1998
  • Financial Services Board Act 97 of 1990
  • Income Tax Act 95 of 1967
  • Labour Relations Act 66 of 1995
  • Legal Practice Act 28 of 2014
  • National Credit Act 34 of 2005
  • Occupational Health and Safety Act 85 of 1993
  • Pension Funds Act 24 of 1956
  • Regional Services Councils Act 109 of 1985
  • Stamp Duties Act 77 of 1968
  • Unemployment Contributions Act 4 of 2002
  • Unemployment Insurance Act 63 of 2001
  • Usury Act 73 of 1968
  • Value Added Tax Act 89 of 1991

4. Access to the records held by the private body in question [Section 51(1)(c) and 51(1)(e)]
i. The latest notice regarding the categories of records of Barkers Attorneys, which are available without a person having to request access in terms of this Act in terms of section 52(2) [Section 51(1)(c)] – Not applicable
ii. Records that may be requested. A description of the subjects of the records held by Barkers Attorneys and the categories in which these subjects are classed [Section 51(1)(e)]:

Administration:

  • Minutes of meetings
  • Correspondence
  • Fidelity Fund Certificates

Human Resources:

  • Employment contracts
  • Remuneration records and policies
  • Payroll records
  • UIF Returns
  • Annual leave, sick leave, maternity and special leave

Operations

  • Fees and disbursement records
  • Clients registry

 

Finances:

  • Financial statements
  • Annual financial statements
  • PAYE Returns
  • Vouchers
  • VAT Returns
  • Assets inventory
  • Staff loans

iii. The 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 Barkers Attorneys. This request must be made to the address, fax number or electronic mail address of Barkers Attorneys [s 53(1)].
  • The requester must provide sufficient detail on the request form to enable the head of Barkers Attorneys 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 [s 53(2)(a) and (b) and (c)].
  • 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 [s 53(2)(d)].
  • 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 Barkers Attorneys [s 53(2)(f)].

 

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 Barkers Attorneys 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 [s 54(1)]
  • The fee that the requester must pay to Barkers Attorneys is R50. The requester may lodge an application to the court against the tender or payment of the request fee [s54(3)(b)]
  • After the head of Barkers Attorneys 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 [s 54(6)].

 

5. Other information as may be prescribed [Section 51(1)(f)]
The Minister of Justice and Constitutional Development has not made any regulations in this regard.

 

6. Availability of the manual [Section 51(3)]
This manual is available for inspection at the offices of Barkers Attorneys (Suite 102, Level 1, Ridge 6, 20 Ncondo Place (off Nokwe Avenue), Umhlanga Ridge, 4319 and 7 Strapp Lane (off Kingsway), Amanzimtoti, 4126) free of charge; and copies are available from the SAHRC and on Barkers Attorneys’ website at www.barkers.co.za